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05/24/2016

CPVC Class Action Alleges Conspiracy to Hide Fire System Dangers

CPVC Class Action

Audet & Partners, LLP is investigating potential claims on behalf of condominium homeowner's associations and other property owners that manufacturers and distributors of CPVC piping, widely used in sprinkler systems, was defectively prone to erosion, presenting serious danger to property owners in the event of fire.  In addition, it is suspected that these dangers were widely known for years within the industry but were withheld from property owners.  This defect is considered not to be remediable, and will likely require... Read More
05/24/2016

Lava Ultimate Lawsuit Investigation Against 3M

Lava Ultimate Lawsuit

Audet & Partners, LLP has launched a Lava Ultimate lawsuit investigation stemming from claims by dentists against 3M and the marketing of its line of Lava Ultimate dental products.  Heavily promoted when introduced to the market in 2011 as a revolutionary "chairside" solution to longstanding challenges faced by dentists in performing indirect restorations, it did not take long after this market introduction for dentists to notice that the Lava Ultimate was debonding at an alarmingly high rate. It is suspected that 3M knew, or... Read More
05/24/2016

Generac Generator Lawsuit Investigation

General Generator Lawsuit

Audet & Partners, LLP is investigating claims by purchasers of Generac generators that the Generac's Guardian Series generators were defectively designed and, as a result, prone to oil leaks and premature engine failure.  Additionally, there is evidence that despite knowledge of this problem, Generac failed to inform its customers of this problem while the units were still within the product warranty period of at least two years. As a result both of the defective design of Generac's Guardian Series generators, and the... Read More
01/21/2016

ADT Lawsuit Alleges Failure to Obtain Alarm Permits

ADT Class Action Lawsuit

Audet & Partners, LLP is investigating potential ADT lawsuit claims on behalf of California property owners who have purchased alarm systems through ADT Security Services, Inc. ("ADT").  Under California law commonly known as the "Alarm Company Act," every agreement for monitoring, servicing and installing an alarm system exceeding $250 must disclose to buyers any potential alarm permit fees that may be required in local jurisdictions. Purchasers of ADT systems are alleging that ADT's failure to either pay required permit fees, or inform... Read More
11/17/2015

Public Storage Insurance Scam Investigation

Public Storage Insurance Scam Lawsuit

Audet & Partners, LLP is investigating claims by customers of Public Storage that the company may have engaged in illegal activity by charging excessive premiums for self-storage, without disclosing that a significant portion of the premiums were being diverted directly to Public Storage.  This practice likely runs afoul of consumer laws and regulations in many states that require transparency of companies engaging in similar practices. Despite having knowledge that self-storage insurance is generally unnecessary for renters with other types of insurance... Read More
09/20/2015

VW Emissions Lawsuit

VW Emissions Lawsuit

Audet & Partners, LLP is investigating claims that Volkswagen may have installed software on several diesel models as a means of cheating on VW emission tests conducted by U.S. regulators.  The actions of VW have been declared "illegal and a threat to public health" by Cynthia Giles, Assistant Administrator for the EPA's Office of Enforcement and Compliance Assurance. The EPA initially became concerned about VW emissions after pollution analysts in Europe noted suspicious emission problems emanating from various VW models.  On... Read More
01/02/2014

Whistleblower Lawsuits and False Claims Act Recoveries For Health Care Fraud Net $2.6 Billion For Federal Government in 2013

In its continuing effort to safeguard expenditures of taxpayer dollars, the United States Justice Department has reported a 2013 recovery of $3.8 billion in settlements and judgments resolving a myriad of whistleblower lawsuits and False Claims Act cases.*  Cases involving health care fraud comprised more than one-half of the total reported recovery, or $2.6 million. The bulk of health care whistleblower and False Claims Act lawsuits involved Medicare and Medicaid fraud.  Especially evident within this group of cases were fraud and... Read More
12/19/2013

Ralph Nader Scolds Dollar General for “Shameful” Treatment of Workers

On December 8, 2013 consumer advocate Ralph Nader sent a scathing letter to Dollar General CEO Richard Dreiling. In his letter, Nader compares the salary of sales associates and cashiers ($8/hour) in Goodlettsville Tennessee, to that of the estimated living wage in the area ($9.76/hour) and then to Mr. Dreiling’s salary ($1,690/hour). Nader concluded that such disparity “ensures that earn more in one ten-hour workday than many of ‘associates’ do in a year of work.” Nader points out... Read More
12/12/2013

New Notice Requirements for Force-Placed Insurance

Force-Placed Insurance Lawsuits

Effective January 10, 2014, mortgage servicers are required to provide substantial new notice to consumers before charging any fees for force-placed insurances.  The new notice requirements are designed to better inform consumers of their mortgage obligations and to help prevent unnecessary force-placed policies. Under the new rules, a mortgage servicer must provide consumers with at least two notices before force-placing an initial insurance policy and a subsequent renewal notice if applicable.  If the servicer fails to comply with the notice requirements,... Read More
12/12/2013

New Rules Protect Consumers Against Excessive Force-Placed Insurance Fees

Force-Placed Flood Insurance Lawsuits Audet and Partners

New mortgage servicing rules enacted by the Consumer Financial Protection Bureau go into effect January 10, 2014 to protect consumers from widespread unfair practices related to force-placed mortgage hazard insurance.  Mortgage servicers will now be prohibited from charging excessive fees on force-placed policies. Here is an overview of two major substantive rules regarding force-placed insurance. Excessive Fees Limitations Since the financial crisis, the mortgage industry has reaped millions in profits from force-placing expensive insurance policies on unsuspecting borrowers when their own policies lapsed... Read More
12/12/2013

Force-Placed Insurance Lawsuits Challenge Widespread Lender Practices

Force-Placed Flood Insurance Lawsuits

Major mortgage lenders are being sued for forcing homeowners into overpriced homeowners and hazard insurance when the borrowers own policies have lapsed.  JP Morgan recently settled a force-placed insurance lawsuit for $300 million. Force-Placed Insurance Overview What is force-placed insurance? Force-placed insurance is hazard insurance a mortgage servicer obtains on behalf of a borrower.  Essentially, when a borrower’s insurance policy lapses, whether due non-payment, simple error or otherwise, the mortgage lender will “force-place” a new policy on the property in order to protect... Read More
11/13/2013

JP Morgan Chase Forced-Place Mortgage Insurance Settlement

JPMorgan Chase and Assurant Inc. recently agreed to a $300 million settlement to resolve a class-action lawsuit filed in 2012 alleging homeowners were overcharged for controversial “forced-placed” mortgage insurance while Chase reaped millions in “kickback” style commissions that inflated the polices’ prices. What is forced-place insurance?  All mortgages require borrowers to maintain adequate homeowners insurance on their properties so that the lender’s interest is protected.  Typical mortgage agreements provide that if the homeowner’s policy lapses, or is deemed insufficient by the lender,... Read More
09/04/2013

Google Glass Debuts In The Operating Room

google-glass-debuts-in-the-operating-room

Google Glass is an exciting new technology from Google, the creator of the now-famous search engine by the same name. Essentially, Google Glass is a pair of glasses without lenses, but with a small computer screen in the upper-right portion of the right side of the glasses.* Despite some controversy over its potential uses and privacy concerns, physicians at the Ohio State University are already pioneering Google Glass for use in the operating room during surgery.* Dr. Christopher Kaeding, the Director... Read More
08/30/2013

Second Transvaginal Mesh Trial Averted By C.R. Bard Settlement

TRansvaginal Mesh Lawsuit Update

Audet and Partners, LLP reports that a second transvaginal mesh lawsuit to be heard as part of multidistrict litigation pending in West Virginia, has been settled by C.R. Bard.* The settlement resolves claims brought by plaintiffs Wanda and Greg Queen arising out of implantation of Bard's Avaulta transvaginal mesh device, allegedly requiring six subsequent remedial surgeries. The resolved case is Queen v. C.R. Bard Inc., 11-cv-00012, U.S. District Court, Southern District of West Virginia (Charleston)**. Terms of the settlement were not... Read More
08/28/2013

Hip Implant Litigation Against Johnson & Johnson Reportedly Closer To Settlement

metal-hip-implant-litigation-update

Johnson and Johnson, the manufacturers of certain defective artificial hips may be near settling with a large number of plaintiffs in coming weeks.* If the pharmaceutical company pays the purported $3 billion reported in the media, this will double the amount it had thus far been willing to offer to settle the lawsuits against it.* Both sides have an interest in settling the claims as multiple test trials are set for the coming months.* Between the months of September and... Read More
08/21/2013

C.R. Bard Slammed With $2 Million Transvaginal Mesh Jury Verdict

Transvaginal Mesh Settlements

Shortly after a federal judge declared a mistrial in the case of Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston), the matter was brought back before a West Virginia jury, which rendered a substantial verdict in the amount of two million dollars.* The verdict, against C.R. Bard involved an injury that the plaintiff sustained after having an Avaulta trans-vaginal device implanted.* After deliberating, the jury rendered an award to the plaintiff in the amount of $250,000... Read More
08/21/2013

Whistleblower Protection Afforded by Federal Law Limited by Fifth Circuit

anti-retaliation-protection-whistleblower-law

A whistleblower is usually an individual who works for a private company involved in business with the government or a government employee who witnesses some sort of inappropriate or even illegal conduct. Usually, when a whistleblower reports this type of conduct to its employer under a federal law, that federal law contains anti-retaliation provisions to protect the employee. With specific regard to whistleblowing, Under the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010, at least five federal trial... Read More
08/21/2013

GranuFlo Litigation Update

granuflo-litigation-update

Certain dialysis products such as GranuFlo and NaturaLyte carry increased risks of serious injury or even death. This increased risk is linked to elevated levels of bicarbonate in the body, a contributing factor in cardiac arrest. Even the FDA has issued a recall of GranuFlo. The FDA warned consumers that the increased sodium bicarbonate levels may contribute to metabolic alkalosis, which is a significant risk factor associated with low blood pressure, hypokalemia, hypoxemia, hypercapnia and cardiac arrhythmia, which, if not... Read More
08/07/2013

Women’s Health Law Site Launched by Audet and Partners, LLP

womens-health-law-information

Because women have unique health considerations, in addition to those they share with men, Audet & Partners LLP has launched a new website dedicated solely to issues of women’s health. The site will function as a resource for women and their loved ones to search and find resources on a wide variety of issues. The site will mainly focus on pharmaceuticals and medical devices affecting the health of women across the United States. The firm’s website, Women’s Health Law Info,... Read More
07/25/2013

TAMKO Siding Warranty Claims

tamko-siding-warranty-claims

  Consumers have begun to bring lawsuits against TAMKO, a roofing company that manufacturers and sells roofing tiles for houses and other residential buildings. Despite most of these tiles coming with a thirty to fifty-year warranty, many customers have found that tiles often begin to fail within ten years from the installation. Upon presentation of the claims to the manufacturer, they have generally been quickly denied. This has left some consumers to sue in court. There are two related theories under which... Read More