Audet & Partners
Current Cases.

A comprehensive collection of
our active cases.

This list can be ordered by attorney, date or case name, and filtered by the issues to which they relate.

Case Description Practice Area Attorneys
Apple iPhone 4 Antenna

According to allegations in the recently filed class action lawsuit, the Apple iPhone 4 has antenna problems which force users to hold the smart phone in a particular way to avoid connection problems.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Gulf Oil Spill

The Deepwater Horizon oil spill is a massive ongoing oil spill in the Gulf of Mexico that started on April 20, 2010. The spill followed a blowout that caused an explosion on the Deepwater Horizon offshore drilling rig, operating off the coast of Louisiana.

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Class Actions • William M. Audet
Levetiracetam (Generic Keppra)

In many recent cases, pharmacies and/or prescribing doctors have switched patients over to the "generic" version of Keppra without asking or informing their patients.

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Defective Pharmaceuticals • William M. Audet
Mortgage Loan Officers - Unpaid Overtime

According to the U.S. Department of Labor, "Mortgage Loan Officers" are not exempt from being paid overtime.  This new ruling was issued on March 31, 2010, and affects thousands of mortgage loan officers nationwide.

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Employment Litigation • William M. Audet
Conseco Lifetrend Insurance

Over a three-year period, from 2006 to present, Conseco Life is alleged to have misled policyholders by issuing annual statements to them that failed to indicate that their Lifetrend policies were under-funded, or that Conseco believed policyholders should be paying additional expenses or costs related to their policies.

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Class Actions • William M. Audet
Celexa

A class action was recently filed against the makers of Celexa (Forest Laboratories Inc., Forest Pharmaceuticals ) for unfair competition and false advertising in which the defendants promoted Celexa for off-label use for depression in pediatric patients even though the FDA had not approved the drug as safe for any use with pediatric patients.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Optical Disk Drives

It was recently disclosed that there is currently a worldwide investigation into violations of antitrust laws and other anti-competitive practices into the market for optical disk drives.  According to press reports,the U.S. Department of Justice has requested information from Sony regarding its optical disc drive business in what could be the start of an investigation into the entire industry.

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Class Actions, Price Fixing and Anti-Trust, Antitrust • William M. Audet
Apple iTunes Gift Cards

This class action lawsuit has settled. Please visit https://www.johnsonitunessettlement.com/ for details on the settlement.

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Defective Consumer Products and Services, Class Actions • Jonas P. Mann
• William M. Audet
Jamdat Mobile

The Securities and Exchange Commission (SEC) has issued proceedings against a number of people arising out of the 2005/2006 sale of Jamdat Mobile Inc. to Electronic Arts Inc.

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Shareholders Derivatives, Securities Fraud • William M. Audet
Reglan / Metoclopramide

Reglan (metoclopramide) is a drug manufactured by Baxter Healthcare Corporation. It was first approved for use in the U.S. in 1980. It is prescribed for digestive-tract problems such as reflux, delayed stomach emptying and nausea. Although doctors were warned early on that this drug could cause a serious neurological disorder, it took the Food and Drug Administration years to issue a black-box warning about this complication. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Consumer Products and Services, Defective Pharmaceuticals • William M. Audet
Zimmer Duron Cup

The nation’s biggest producer of orthopedic devices says it is suspending sales of an artificial hip component that some say is failing at high rates. Zimmer Holdings, based in Warsaw, is also lowering its earnings outlook due to the suspension. The Durom cup has been implanted in over 12,000 patients since it was first sold in the United States in 2006.

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Defective Medical Devices • William M. Audet
Yaz, Yasmin, and Beyaz, Birth Control Lawsuits

Yaz birth control allegedly increases the risk of pulmonary embolism, the medical condition in which an artery in the lung (part of the body's pulmonary system) is blocked so the blood can't get through to the lung. All combined-hormone contraceptives (including Yaz birth control pills, as well as Yasmin, Beyaz, and Ocella) increase a woman's likelihood of suffering a pulmonary embolism, and deep vein thrombosis.

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Defective Consumer Products and Services, Defective Pharmaceuticals, Class Actions, Toxic Chemicals & Other, Personal Injury • William M. Audet
Levaquin Tendon Injuries

Levaquin is a “quinolone” antibiotic used in adults as a lung, sinus, skin, and urinary tract infection treatment when such infections are caused by certain bacteria.  However, recent lawsuits allege that Levaquin may cause a higher incidence of tendon injuries, including tendon rupture, in people who are older than 60 or who are on corticosteroid therapy. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • William M. Audet
Toyota and Scion Recall

Toyota Motor Corp is recalling about 95,700 Toyota and Scion vehicles sold in the United States because ice could accumulate on their braking systems and make it harder for drivers to slow down.

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Defective Consumer Products and Services • Michael McShane
• William M. Audet
California I.O.U. Class Action

 

Confronted with a large budget impasse, the State of California is now issuing millions of dollars worth of “I.O.U.”s.  In addition to creating a major inconvenience for consumers, these I.O.U.s are also creating problems for small businesses that contract with the state of California.

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Fraud • William M. Audet
Nutro Cat Food Recall

 On May 21, 2009 Nutro issued a recall on two varieties of its dry cat food; Nutro dry Natural Choice Complete Care and Nutro Max, with “Best If Used by Dates” between May 12, 2010 and August 22, 2010.  The recall encompasses seven flavors in numerous different packaging sizes.  These cat foods have been distributed across all 50 states, and eleven countries.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Credit Repair Scams

Every day, companies target consumers who have poor credit histories with promises to clean up their credit report so they can get a car loan, a home mortgage, insurance, or even a job once they pay them a fee for the service. The truth is, these companies can’t deliver an improved credit report for you using the tactics they promote. It’s illegal: No one can remove accurate negative information from your credit report.

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Fraud • William M. Audet
Off-label Drug Sales

The United States federal government is aggressively pursuing criminal and civil whistleblower cases against pharmaceutical companies for promoting off-label uses of prescription drugs. Between 2003 and 2008, U.S. federal prosecutors and state attorneys general brought more than a dozen cases against drug makers for off-label marketing and won more than $6 billion in criminal and civil settlements.

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Whistle Blower • William M. Audet
Hydroxycut Recall

On May 1, 2009, the FDA issued a warning to users of Hydroxycut to “immediately stop” use of the product.

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Defective Consumer Products and Services • William M. Audet
Unapproved / Misbranded Drugs

According to the FDA, the following companies have allegedly sold the following unapproved and/or misbranded new drugs.  If you are in possession of any of the below drugs, please contact Audet & Partners, LLP to protect your legal rights.

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Defective Consumer Products and Services, Defective Pharmaceuticals • William M. Audet
Andersen Windows

The law firm of Audet & Partners is investigating allegedly defective Andersen “Tilt-Wash” windows.  According to published reports, Andersen Tilt-Wash windows manufactured from 1996 to the  present by the Andersen Corp. are prone to rotting.

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Defective Consumer Products and Services • Michael McShane
• William M. Audet
Trump Towers

According to press reports, investors in the "Trump Ocean Resort" in Baja California may have now lost their original deposits.  Buyers were asked to put down a 30% deposit for condos ranging in price from $300.000 to $2.5 million.  Now those investors have apparently lost their deposits.  These deposits appear to total more than $32 million. 

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Fraud • William M. Audet
Raptiva

The Food and Drug Administration has reported that U.S. regulators have received three confirmed reports of a serious brain infection in patients treated with Genentech's psoriasis drug Raptiva. 

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Defective Pharmaceuticals • William M. Audet
Costco TV Warranty

In March 2007 Costco began limiting money-back returns on TVs, computers, cameras, camcorders, iPods, MP3 players and cell phones to 90 days. Previously, there was no time limit except for personal computers, which was six months.  Allegedly, consumers who later attempted to return any of the above electronics items were offered less than the full retail price they had originally paid.

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Defective Consumer Products and Services • William M. Audet
SK Foods / Intramark

In recent court documents, Mr. Rahal admitted that SK Foods and its related corporate entities constituted a racketeering enterprise, an organization that Mr. Rahal and other SK Foods leaders and employees helped to further through a variety of illicit activities, according to Assistant U.S. Attorneys Benjamin Wagner, Sean Flynn and Anne Pings, who are prosecuting the case together with Richard Cohen and Barbara Nelson of the San Francisco Field Office of the U.S. Department of Justice’s Antitrust Division.

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Price Fixing and Anti-Trust, Antitrust • Michael McShane
• William M. Audet
Panacryl Sutures

Panacryl sutures are a type of absorbable sutures, or stitches, that are commonly used to assist patient's wound healing after surgery. These sutures are intended to be absorbed by the body so there is no need for removal at a later time. Panacryl sutures unfortunately may have been the cause of more harm by not dissolving as intended. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Medical Devices • William M. Audet
Travelers Casualty Company

An Illinois circuit court has certified a class action case against Travelers Casualty and Surety Company and The Travelers Indemnity Company by Illinois medical providers who accuse the company of questionable practices to reduce medical bills and increase profits

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Class Actions • William M. Audet
Egg Price Fixing

 A number of bakeries and others in the industry have recently filed a number of class action lawsuits against egg producers, includingGolden Oval Eggs LLC, Michael Foods Inc. and MoArk LLC for alleged price fixing.

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Price Fixing and Anti-Trust • William M. Audet
WeatherBest Composite Decking Investigation

This case has settled.  Please see this settlement notice.  Please contact our law firm with any questions about the settlement.

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Defective Consumer Products and Services • William M. Audet
Potash Class Action Lawsuit

The potash industry is 'marked by a high degree of cooperation' among several large companies, which have overlapping ownership interests and cooperate through reciprocal visits to their production facilities. If you are a direct purchaser of potash, you are urged to contact our law firm now to protect your legal rights.

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Price Fixing and Anti-Trust, Antitrust • William M. Audet
Wirsbo / Uponor PEX

Uponor / Wirsbo plumbing systems and fittings allegedly may fail prematurely causing leaks and water damage to your property. At least one expert evaluation has found that Uponor / Wirsbo fittings may have a manufacturing defect that can cause corrosion. Corrosion can result in leaks and other problems with your plumbing system.  Uponor / Wirsbo PEX plumbing systems for residential and commercial applications use crosslinked polyethylene (PEX) tubing instead of metal piping to distribute the water.

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Defective Consumer Products and Services • Michael McShane
• William M. Audet
Depakote

Children born to women taking the commonly prescribed seizure medication Depakote (divalproex sodium) are more likely to have birth defects and other problems.

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Defective Consumer Products and Services, Defective Pharmaceuticals, Class Actions, Personal Injury • Joshua Ezrin
• William M. Audet
Benzene

Benzene is a clear, "sweet" smelling liquid chemical that has dangerous and deadly effects on those exposed to it for long periods of time — or even short periods of time at high concentrations.  As noted below, benzene is classified as a Class A carcinogenby the Environmental Protection Agency.

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Toxic Chemicals & Other • William M. Audet
Ready Mix Concrete Antitrust

Our law firm is investigating certain large manufacturers and suppliers of “ready mix concrete” in the Indianapolis, Indiana area. So far, Irving Materials, Inc. (IMI) has already plead guilty to price fixing and agreed to pay a $29 million fine, the largest in U.S. antitrust history. 

 

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Price Fixing and Anti-Trust • Michael McShane
• William M. Audet
Truck Accidents

You may feel safe in your car, but what if you innocently get in the way of a big truck or trailer? The results can be devastating. If you've been injured in a traffic trailer or truck collision, sound legal advice is important. For a free, no cost consultation, please contact the law firm of Audet & Partners at 800.965.1464 to talk to an attorney. You may also contact us using the form on this page.

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Personal Injury • William M. Audet
Zurn-Kitec

Class action lawsuits have been filed against the manufacturers of "Pex" pipe and "brass fittings" used in residential construction: Zurn-Pex has been sued, as has Kitec.

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
Mississippi River Oil Spill

Due to an oil spill, the port is losing about $100,000 in revenue each day the river is closed. That does not include the losses to terminal operators, stevedores, tug boat operators and other private businesses.

If your business has been impacted by the oil spill, please contact our law firm to protect your legal rights.

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Toxic Chemicals & Other • William M. Audet
Title Insurance Price Fixing

Title insurance fraud became a growing problem during the housing boom, and now that the housing bubble has burst, the business practices of title insurance companies have come under increased scrutiny.  Title insurance fraud lawsuits have been filed in New York state and in California, alleging that title insurers engaged in price fixing and kickback schemes in an attempt to enrich themselves.  Title insurance fraud always results in consumers paying inflated prices, and the New York title insurance fraud lawsuit alleges that such practices have resulted in residents paying some of the highest title insurance premiums in the country.

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Class Actions, Price Fixing and Anti-Trust • Michael McShane
• William M. Audet
Municipal Bond Class Action

A number of municipal entities have recently filed nationwide class action lawsuits against thirty seven leading banks, insurance companies, and brokers alleging widespread price-fixing and bid-rigging in the multi-billion dollar municipal derivatives industry dating back to 1992.

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Class Actions, Securities Fraud • Michael McShane
• William M. Audet
Huntsman Corp. (HUN)

If you are a shareholder of Huntsman Corp. (HUN), you are urged to contact the law offices of Audet & Partners at 800.965.1461 to speak to an attorney. The call is free and there is no obligation.

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Securities Fraud • Michael McShane
• William M. Audet
Hilton Hotels Corp (HLT)

If you are a shareholder of Hilton Hotels Corporation. (HLT), you are urged to contact the law offices of Audet & Partners at 800.965.1461 to speak to an attorney. The call is free and there is no obligation. You may also email us by using the simple form that appears on the right-hand side of this page. Act now, as delays can harm your case.

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Securities Fraud • Michael McShane
• William M. Audet
Samsonite Corporation (SAMC)

If you are a shareholder of Samsonite Corporation (SAMC.OB), you are urged to contact the law offices of Audet & Partners at 800.965.1461 to speak to an attorney. The call is free and there is no obligation. You may also email us by using the simple form that appears on the right-hand side of this page. Act now, as delays can harm your case.

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Class Actions, Securities Fraud • Michael McShane
• William M. Audet
Acrylic Industry Antitrust

European producers of "acrylic glass" were recently fined over 344 million Euros (about 445 million US dollars).  Acrylic glass, known in the industry as "polymethyl-methacrylate," is used in a wide range of consumer products, including car headlights, DVDs, furniture, lighting, food service equipment, aircraft windscreens and windows, and store displays. These products are known under the trade names Plexiglas, Perspex, Acrylite, Acrylplast and Lucite.

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Price Fixing and Anti-Trust, Antitrust • Michael McShane
• William M. Audet
Rail Shippers Class Action

If you are a rail freight shipper, you are urged to contact the law offices of Audet & Partners at 800.965.1461 to speak to an attorney. The call is free and there is no obligation. You may also email us using the form on the right. Act now, as delays can harm your case.

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Price Fixing and Anti-Trust • William M. Audet
SRAM Memory Chips

The DOJ is also investigating possible antitrust violations in the static random access memory (SRAM) industry. Subpoenas have been issued to Sony, Samsung, Mitsubishi and Cypress Semiconductor."

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Price Fixing and Anti-Trust, Antitrust • Michael McShane
• William M. Audet
MedImmune Shareholder Class Action

If you are a shareholder of MedImmune Inc. (MEDI), you are urged to contact the law offices of Audet & Partners at 800.965.1461 to speak to an attorney. The call is free and there is no obligation. You may also email us by using the simple form that appears on the right-hand side of this page. Act now, as delays can harm your case.

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Class Actions, Securities Fraud • Michael McShane
• William M. Audet
TFT-LCDs Price Fixing

If you if you have purchased a flat-panel television,computer monitor, laptop computer, cell phone or digital music player (TFT-LCD) manufactured by any of the companies listed, you are urged to contact the law offices of Audet & Partners at 800.965.1461 to speak to an attorney. The call is free and there is no obligation. Act now, as delays can harm your case.

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
Bayer Genetically Engineered Rice

According to published reports in August 2006, rice farmers in Arkansas, Missouri, Mississippi, Louisiana, Texas and California had sued Bayer CropScience, alleging its genetically modified rice had contaminated their crop.

This lawsuit was filed in the U.S. District Court for the Eastern District of Arkansas in Little Rock. The plaintiffs alleged that the unit of Bayer CropScience failed to prevent its genetically modified rice, which has not been approved for human consumption, from entering the food chain and genetically contaminating "normal" rice.

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Toxic Chemicals & Other • Michael McShane
• William M. Audet
Cnet Shareholder’s Derivative

CNET has been sued in a "shareholder's derivative action" for breach of fiduciary duty and unjust enrichment. The defendants, current and former members of CNET's Board of Directors, are accused of having improperly backdated stock option grants to make it appear as if they were made on dates when the stock price was lower than on the actual grant date, and then failing to record compensation expenses incurred as a result.

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Price Fixing and Anti-Trust • Michael McShane
• William M. Audet
Oriented Strand Board (OSB)

Oriented Strand Board: Allegations Against Louisiana-Pacific Corp., Weyerhaeuser Co., Georgia-Pacific Corp., Norbord Inc., J.M. Huber Corp., Ainsworth Lumber Co., and Potlatch Corp.  Class action lawsuits have been filed against the nation’s largest manufacturers of "oriented strand board" (OSB)

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Price Fixing and Anti-Trust • Michael McShane
• William M. Audet
Marine Products

The vice president of a Virginia marine products company has plead guilty for his role in a conspiracy to rig bids and allocate customers with respect to marine products. Between December 2000 and May 2003 the conspirators discussed and agreed among themselves which of them would win contracts from the Department of Defense (DOD), the Department of Homeland Security and private entities.

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Price Fixing and Anti-Trust, Antitrust • Michael McShane
• William M. Audet
Ascorbic Acid

Manufacturers of Vitamin C (also known as Ascorbic Acid and Sodium Ascorbate) and Calcium Ascorbate are currently being sued in the United States for violating laws relating to unfairly raising, stabilizing and/or fixing prices. Recently filed complaints allege that, since at least December 2001, the following companies conspired to inflate the prices of vitamin C sold in the United States:

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Price Fixing and Anti-Trust • Michael McShane
• William M. Audet
Air Cargo Antitrust

According to published reports, "much of the air cargo industry is potentially facing severe fines from international competition authorities. Investigators on three continents are trying to determine whether a group of cargo airlines engaged in anti-competitive behavior such as illegal fixing of rates and surcharges."

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Price Fixing and Anti-Trust, Antitrust • Michael McShane
• William M. Audet
Thomas the Tank Engine Recall

This case has settled.  For information, please visit: http://learningcurvesettlement.com/index.html.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Fisher-Price Recall

It is no secret that Chinese manufactured toys are being recalled at a tremendous rate: One of the most recent actions concerns dozens of Fisher-Price toys that may allegedly be dangerous.  In fact, Fisher-Price is recalling 83 types of toys, including the popular Big Bird, Elmo, Dora and Diego characters, because their paint allegedly contains excessive amounts of lead

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Defective Consumer Products and Services, Class Actions • William M. Audet
Chinese Defective Consumer Products

Until now, very few United States law firms have been willing to pursue legal cases against corporations located in China. The cost and logistical issues associated with transnational consumer lawsuits can be overwhelming.  But Audet & Partners has the resources and expertise to handle cases against Chinese corporate behemoths.  If you have been harmed by any product from China, you are encouraged to contact our law firm today.

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Class Actions, Toxic Chemicals & Other, China Practice • William M. Audet
Pet Food Recall

You may have recently heard in the news that a settlement was reached. We have come to an agreement in principal regarding many of the disputed issues, and are waiting for final approval from the judge; the court has preliminarily approved the settlement. The claims process will commence shortly. Click for details.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Blue Cross Dumping

Several policyholders have recently sued Blue Cross, accusing it of inappropriately "dumping" them after they had undergone expensive treatments

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Class Actions • Michael McShane
• William M. Audet
Stock Option Backdating Scandals

The companies listed below are just a sampling of the dozens of companies that have been sued recently by their shareholders. These shareholder lawsuits are called "shareholder's derivative suits," and are used by shareholders to fight alleged corporate fraud and malfeasance. Most of the suits listed below involve options "backdating," a process which allows corporate executives to inflate their personal earnings at the expense of their shareholders.

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Class Actions, Securities Fraud • William M. Audet
Gynecare Intergel

GYNECARE Worldwide, a division of Ethicon Inc. of Somerville, New Jersey, notified the FDA in June 2003 that they were withdrawing “GYNECARE INTERGEL Adhesion Prevention Solution” from the market and were urging customers to immediately stop using the device.  This product is intended to be used in open, conservative gynecological surgery as an adjunct to good surgical technique to reduce post-surgical adhesions. GYNECARE conducted this withdrawal to complete an assessment of information obtained during post-marketing experience with the device, including adverse events associated with off-label use in laparoscopy and non-conservative surgical procedures such as hysterectomy.

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Defective Medical Devices • William M. Audet
Packaged Ice

A lawsuit has recently been filed that claims that packaged ice producers violated federal antitrust laws and harmed others by inflating the price of cubed, crushed, block and dry ice sold in the U.S. and Canada. The lawsuit seeks class action status.

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Price Fixing and Anti-Trust • William M. Audet
Peroxygens

Hydrogen Peroxide Investigation.  Numerous manufacturers of hydrogen peroxide, other peroxygens and persalts are currently being sued in the United States and are under investigation in Europe for violating certain laws relating to artificially and unfairly raising, stabilizing, and/or fixing prices.

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Price Fixing and Anti-Trust • William M. Audet
Digitek

Digitek tablets may contain twice the approved level of active ingredient than is appropriate. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • Joshua Ezrin
• William M. Audet
Darvon

Propoxyphene (Darvocet and Darvon) has been associated with 2,110 reported accidental deaths in the United States since 1981. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • William M. Audet
Chantix

Chantix (varenicline) is an anti-smoking drug that has been linked to cases of suicide, suicidal thoughts, and violent behavior.

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Defective Pharmaceuticals • William M. Audet
Fentanyl (Duragesic) Patch

The Fentanyl (Duragesic) Patch Has Been Recalled. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • Joshua Ezrin
• William M. Audet
Fleet & Visicol: Kidney Failure

A serious form of kidney failure has been associated with the use of oral sodium phosphate products (e.g., Fleet Phospho-soda solution, Fleet Accu-Prep solution, and Visicol tablets). (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • William M. Audet
Gadolinium

Patients with severe kidney insufficiency who receive gadolinium-based agents are at risk for developing a debilitating, and a potentially fatal disease known as nephrogenic systemic fibrosis. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • Joshua Ezrin
• William M. Audet
Fosamax

Merck’s Fosamax osteoporosis drug can cause a rare and serious condition known as osteonecrosis of the jaw. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • William M. Audet
Trasylol

Under Government pressure, Bayer halted worldwide sales of its anti-bleeding drug Trasylol

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Defective Pharmaceuticals • William M. Audet
Natrecor

Natrecor causes the relaxation and enlargement of blood vessels, which lowers blood pressure, especially in the blood vessels in the lungs and heart. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • William M. Audet
Tequin

Public reports indicate that Bristol-Myers Squibb is warning against the use of the antibiotic drug Tequin in diabetic patients after reports of several fatalities. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals • William M. Audet
San Francisco Bay Oil Spill

Audet & Partners, LLP has filed a Class Action Lawsuit on behalf of all Commercial Fishing and Crabbing businesses that operate in the San Francisco Bay and surrounding coastlines for damages that have resulted from the recent oil spill. If you would like to discuss your potential case, join the Class Action, or learn more about the lawsuit, please call our toll-free number at 800.965.1461 to immediately speak with an attorney.

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Toxic Chemicals & Other • William M. Audet
CSI Fingerprint Examination Kit Recall

You may be eligible to participate in a settlement of a class action lawsuit if you purchased or received as a gift in the United States a Planet Toys, Inc. CSI Fingerprint Examination Kit (Product Nos. 1204, 1213, 1225) or CSI Forensic Lab Kit (Product No. 1203) (“Settlement Toy Products”), bought from Amazon.com, Inc.; Buy.com, Inc.; Costco Wholesale Corporation; CBS; Hammacher Schlemmer & Co., Inc.; Kmart Corporation; QVC, Inc.; Sears Roebuck and Co.; Toys “R” Us, Inc.; or Walgreen Co. (“Defendants”). Purchases for resale are not included.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Chocolate / Confection Industry Antitrust

 

The US Department of Justice is investigating chocolate manufacturers in the US to find out whether there is any evidence of price fixing in the confectionery market.  Possible targets of the DOJ investigation may include Masterfoods USA, Mars North America, Cadbury Adams USA LLC, Cadbury Schweppes plc, The Hershey Company, and Nestlé S.A.  In addition to the DOJ investigation, private class action lawsuits have been filed against several of the above companies, alleging that they created an "international cartel" designed to "fix, raise, maintain and/or stabilize prices of chocolate."

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Price Fixing and Anti-Trust • Michael McShane
• William M. Audet
Unpaid Overtime

Every year, employers fail to pay employees millions of dollars in collective overtime. An employer's failure to pay proper wages or overtime can result in an award of damages equal to the unpaid wages or overtime, an equal amount in liquidated damages, and pre-judgment interest.

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Class Actions, Employment Litigation, Fraud, Antitrust • Joshua Ezrin
• William M. Audet
Composix Kugel Mesh Patch

Composix Kugel Mesh Patch can cause a number of serious and potentially life-threatening complications, such as bowel perforation and/or chronic intestinal fistulae, or abnormal connections of passageways between intestines and other gastrointestinal organs.

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Defective Medical Devices • William M. Audet
Milwaukee Valve Company

Milwaukee Valve Company, Inc., d/b/a Hammond Valve Company ("Hammond") is a Wisconsin corporation with its principal place of business in New Berlin, Wisconsin.

Hammond is in the business of manufacturing and selling valves which are used in many commercial and domestic applications, including valves that are used in HVAC systems for multi-family housing buildings.

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
San Bruno Fire Resources / Lawsuit Information

On the evening of Thursday, September 9, 2010 at least four people were killed and 52 injured when a Pacific Gas & Electric gas pipeline allegedly exploded and started a fire that destroyed a San Bruno, California neighborhood.  As of Friday, investigators are still trying to determine what caused the devastating blast that left a crater in the ground and homes smoldering.

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Defective Consumer Products and Services, Class Actions, Personal Injury • William M. Audet
JM Eagle PVC Pipe

A class-action lawsuit was recently filed behalf of property owners potentially seeking hundreds of millions of dollars from JM Eagle for allegedly supplying substandard polyvinyl chloride (“PVC”) pipe for potable water systems, and other applications.  The lawsuit asks the court to certify a nationwide class action on behalf of all persons or entities who installed the allegedly substandard JM Eagle pipe. The filing seeks reimbursement of all sums paid by the class members to JM Eagle, and for all other damages caused by the sale and installation of the substandard pipe.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Broadband Internet Speed Investigation

In 2009, U.S. residential consumers subscribed to broadband services with an average and median advertised download speed of 7 Mbps to 8 Mbps, respectively, the FCC said. But the actual average speed they received was 4 Mbps and the actual median speed was 3 Mbps.This means that consumers are getting about 1/2 of the actual internet speed that they paid for.

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Defective Consumer Products and Services, Class Actions, Fraud • Michael McShane
• William M. Audet
Home Warranty Kickbacks

The Department of Housing and Urban Development (HUD) recently released an “interpretative rule” with respect to so-called “home warranties.”  These “warranties” are offered to home buyers.  The home buyer pays the home warranty company a set yearly fee, and the company then pays to fix things if they break  This seems like a good deal for home buyers, but it appears that there is a widespread practice in the industry of giving "kickback" payments to real estate agents and brokers whenever they sell a “home warranty” to a home buyer.

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Defective Consumer Products and Services, Class Actions, Fraud • Michael McShane
• William M. Audet
Similac Infant Formula Recall

The health care company Abbott says about 5 million containers of its Similac-brand powdered infant formulas—which includes Isomil and Go & Grow—are being recalled because of possible contamination with insect pieces or larvae. The voluntary recall affects milk- and soy-based formulas distributed in the United States, Puerto Rico, Guam, and some Caribbean nations. At least 12 of the recalled products were provided to families through the federal government’s Women, Infants, and Children (WIC) health and nutrition program. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Consumer Products and Services, Class Actions • William M. Audet
Zynga Facebook Games

According to a recent class action lawsuit, Zynga allegedly collected the Facebook data of its 218 million users and shared it with advertisers and data brokers in violation of federal law and Zynga's contract with Facebook. The class action seeks monetary relief for those whose data was wrongly shared, and injunctive relief to prevent continued privacy abuses. The class-action lawsuit comes on the heels of an investigation into data handling practices by The Wall Street Journal. The Journal  reported that Facebook applications were transmitting Facebook User IDs (UIDs) to advertisers and Internet tracking firms. UIDs are unique numbers assigned to each Facebook account.

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Defective Consumer Products and Services, Class Actions • William M. Audet
GAF Timberline Shingles

A class action lawsuit was recently filed on behalf of purchasers of GAF Timberline shingles.  The filed lawsuit alleges that GAF shingles, marketed as 30 and 40 year shingles, have a high failure rate after only 4 to 6 years.

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
Certainteed WeatherBoards Fiber Cement Siding

"Certainteed WeatherBoards" cement siding has been alleged to suffer from premature failure, cracking, surface flaking and crumbling.  In addition, according to online complaints, certain installations of this product are alleged to look like "water saturated cardboard" when exposed to moisture.  Other complaints allege that the product cannot handle "stress" and appears to crack prematurely as a result.

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Defective Consumer Products and Services • Michael McShane
• William M. Audet
Mortgage Foreclosure Class Action

In a complex ruling, a court recently ruled that certain foreclosures were invalid because the banks in question did not follow proper procedures.  In essence, the banks didn’t prove they owned the mortgages, which were improperly transferred into mortgage-backed trusts.

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Class Actions • Michael McShane
• William M. Audet
PayPal Investigation

 

PayPal was recently hit with a nationwide class action which challenges PayPal's alleged fraudulent practices of "holding" funds for up to 180 days in the accounts of entities and consumers that collect wages and/or payments for product and services through the PayPal system.

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Class Actions • William M. Audet
James Hardie Siding

 

James Hardie fiber cement siding is marketed as lasting for "years."  But according to allegations in a recent class action lawsuit, it may not last that long.  In fact, according to the allegations in the complaint, the James Hardie has certain manufacturing defects.

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Defective Consumer Products and Services • Michael McShane
• William M. Audet
Sutter Health Billing

According to allegations in a recently filed lawsuit, Sutter Health routinely charged insurers for anesthesia services that were never performed, and double-billed for services that were performed.  Even more recently, the California State Insurance Commissioner filed a motion to intervene in this lawsuit.  As a result of this lawsuit and the allegations about billing problems with Sutter Health hospitals, the law firm of Audet & Partners is interested in speaking with consumers who have had billing problems with Sutter Health Network, its affiliated providers, and other hospitals and hospital chains

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Defective Consumer Products and Services, Class Actions • William M. Audet
LivingSocial Investigation

LivingSocial has been sued by consumers who claim its mobile and online offers violate federal and state gift card laws.  The plaintiffs allege that LivingSocial is violating laws by printing expiration dates on its certificates and allegedly misleading consumers. The class action lawsuit was filed in the U.S. District Court of Seattle.

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
Sony “PlayStation Network” Privacy

BREAKING NEWS: Sony has been sued over an alleged privacy failure of its "PlayStation Network."

The first of what may be many lawsuits was filed against Sony in federal court in San Francisco, alleging negligent data security practices, privacy violations and breach of warranty.
 
The lawsuit, which seeks to represent all subscribers to Sony's PlayStation Network and Qriocity service, also accuses Sony of not informing consumers quickly enough about the exposure of their personal account information and credit card data due to the breach.
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Class Actions • William M. Audet
Plavix (clopidogrel bisulfate)

Plavix (clopidogrel bisulfate), distributed by Sanofi-Aventis and Bristol-Myers Squibb, is the second best-selling drug in the world. Doctors commonly prescribe this anti-coagulant in combination with aspirin as a preventative measure against strokes, heart attacks, and to promote a healthy circulatory system. However, researchers have recently found that Plavix use can actually greatly increase the risk of a stroke, gastrointestinal bleeding, heart attack, and other serious conditions.

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Defective Consumer Products and Services, Defective Pharmaceuticals, Class Actions, Personal Injury • William M. Audet
Privacy Litigation

In our modern world, we disclose personal information to a myriad of government and commercial entities.  Every time you sign up for a website, or fill out an online or paper form, you are usually divulging personal information.  Twenty years ago, this was not a large problem.  But now it is. . .

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Defective Consumer Products and Services, Class Actions • William M. Audet
Website “Gift Certificates”

Both federal and state laws apply to so-called "gift cards," "gift certificates," "vouchers," and other forms of "quasi-money." Typically, there are rules against offering gift cards that expire too quickly, and/or have complicated redemption rules.  Before these laws were put into place, merchants would sell gift cards and certificates knowing full-well that many of them would never be redeemed, or would be redeemed too late, etc..

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
Dropbox.com Security Investigation

Dropbox.com is a website service that allows users to securely store files on the internet.  It recently admitted that an update to its software code caused a "security glitch" that allowed people to log into any Dropbox account by typing in any password at all.  This problem was apparently fixed, but the law firm of Audet & Partners, LLP is investigating this matter.

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Defective Consumer Products and Services, Class Actions • Joshua Ezrin
• William M. Audet
MacBook Pro Battery Life

Certain "MacBook Pro" laptop/notebook computers sold on or after February 2009 have had alleged problems with battery life.  According to Apple advertising and marketing materials, the batteries were supposed to last for a certain amount of time.  In reality, the battery life is often much shorter.

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Defective Consumer Products and Services • Joshua Ezrin
• William M. Audet
“Finish Line” Hidden Video Camera Privacy Lawsuit

On multiple occasions, between approximately December 2009 and April 2010, during regular business hours and while acting within the scope of his employment, Defendant secretly placed a concealed video camera in the employee restroom and the general dressing room used by both employees and customers at the Finish Line store in Milpitas, California.

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Personal Injury, Employment Litigation • Joshua Ezrin
• William M. Audet
BP “Rampart” Organic Shingles

BP Organic shingles are supposed to last for 25 years.  According to numerous published complaints, these shingles often only last for a few years.  According to published complaints, these shingles may only last for between 2 to 12 years.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Whistleblower / “Qui Tam”

whistleblower is an employee, former employee, or member of an organization, especially a business or government agency, who reports misconduct to people or entities that have the power and presumed willingness to take corrective action. The misconduct may be a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption. In these cases, depending on the information's severity and nature, whistleblowers may report the misconduct to lawyers, the media, law enforcement or watchdog agencies, or other local, state, or federal agencies.  Such actions have important ramifications, and persons who report misconduct are urged to consult with an attorney before they take any substantive action.

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Hatch-Waxman Act, Antitrust, Shareholders Derivatives • Jonas P. Mann
• Joshua Ezrin
• William M. Audet
Avastin Side Effects

The commissioner of the Food and Drug Administration recently revoked the approval of the drug Avastin as a treatment for breast cancer. The commissioner, Dr. Margaret A. Hamburg, said that clinical trials had shown that the drug was not helping breast cancer patients to live longer or to meaningfully control their tumors, but did expose them to potentially serious side effects like severe high blood pressure and hemorrhaging. (This matter has been successfully resolved by Audet & Partners, LLP. We are thus no longer able to accept new clients on this case.)

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Defective Pharmaceuticals, Class Actions, Personal Injury • William M. Audet
Sutter Health Privacy Issues

A Sutter Medical Foundation computer stolen in mid-October held information on more than 4 million patients, some dating back to 1995, including names, addresses and descriptions of diagnoses, officials at the health network said Wednesday. For the millions of patients whose health-care provider is supported by Sutter Physician Services, names, addresses, email addresses, dates of birth, telephone numbers and names of patients' health insurance plans were contained in the computer's database.

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Defective Consumer Products and Services, Class Actions, Personal Injury • William M. Audet
Benzene Exposure: Acute Myelogenous Leukemia

Benzene has been linked to Acute myeloid leukemia (AML), also known as acute myelogenous leukemia. AML is a cancer of the myeloid line of blood cells, characterized by the rapid growth of abnormal white blood cells that accumulate in the bone marrow and interfere with the production of normal blood cells. AML is the most common acute leukemia affecting adults, and its incidence increases with age. Although AML is a relatively rare disease, accounting for approximately 1.2% of cancer deaths in the United States, its incidence is expected to increase as the population ages.

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Defective Consumer Products and Services, Class Actions, Toxic Chemicals & Other • William M. Audet
Bank of America Loan Modifications

Audet & Partners, LLP is investigating allegations of wrongdoing connected to Bank of America “home loan modifications.” Based on information and belief, we are investigating allegations that Bank of America is mishandling such modifications to existing home mortgages. According to our investigation, applicants are allegedly told to let their home loan lapse for three months to qualify for the program. Then, when the applicants attempt to qualify, they are told that they do not qualify. Since, by definition, these are people who have had money problems, they are then unable to catch up on the loans, and eventually lose their house to foreclosure. 

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Defective Consumer Products and Services, Class Actions, Fraud • Jonas P. Mann
• William M. Audet
Werner Attic Ladders

According to allegations in a recently filed class action complaint, certain Werner Attic Ladders may have dangerous defects. The attic ladders that are the subject of the class action are S2208 and S2210 pull-down attic ladders. According to the allegations in the complaint, these attic ladders are sold by Lowe's Home Centers. According to the complaint, Lowe's sold approximately 600,000 of these allegedly defective ladders, nationwide, up until 2008.

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Defective Consumer Products and Services, Class Actions • Michael McShane
• William M. Audet
Employment Law and Litigation

We represent clients through all phases and types of employment litigation and law, ranging from individual cases to broad-scale class and collective actions. We handle claims of employment discrimination, harassment, retaliation, wrongful discharge, wage and hour violations, wrongful termination, whistleblower/qui tam, and other employment-related torts. As you may know, employment law and litigation is the large body of law that governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large array of statutory regulation.

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Class Actions, Personal Injury, Employment Litigation, Whistle Blower, Fraud • William M. Audet
Da Vinci Surgical Robot Lawsuits

Several hospital burn lawsuits involving the “da Vinci Surgical Robot” claim that a number of patients have suffered serious burns. One New York father filed a wrongful death hospital burn lawsuit after his daughter died as a result of burns caused by the robot.

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Defective Consumer Products and Services, Defective Medical Devices, Personal Injury • Joshua Ezrin
• William M. Audet
NuvaRing Contraceptive Ring Lawsuits

NuvaRing is the trade name for a combined hormonal contraceptive vaginal ring manufactured by Merck (formerly Schering-Plough, formerly Organon), that is available by prescription. It is a flexible plastic (ethylene-vinyl acetate copolymer) ring that releases a low dose of a progestinand estrogen over three weeks. It is considered to be a “third-generation” birth control method. Numerous lawsuits have been filed against the manufacturers, distributors, and marketers of the NuvaRing birth control vaginal ring, and recent court cases are now allowing these cases to proceed.

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Defective Consumer Products and Services, Defective Pharmaceuticals, Defective Medical Devices, Class Actions, Personal Injury • Joshua Ezrin
• William M. Audet
Fresenius Medical Care: GranuFlo and NaturaLyte Dialysis Products

FDA issued a Class I Recall notice for Fresenius Medical Care North America Naturalyte Liquid Acid Concentrate and Naturalyte GranuFlo (powder) Acid Concentrate. Inappropriate prescription of these products can lead to a high serum bicarbonate level in patients undergoing hemodialysis. This 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 appropriately treated, may culminate in cardiopulmonary arrest. This product may cause serious adverse health consequences, including death.

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Defective Consumer Products and Services, Defective Pharmaceuticals, Class Actions, Toxic Chemicals & Other, Personal Injury • Joshua Ezrin
• William M. Audet
Alleged “Flushmate III” Exploding Toilets

The U.S. Consumer Product Safety Commission recently announced a voluntary recall of the Flushmate® III Pressure-Assist Flushing System. Consumers should stop using recalled products immediately unless otherwise instructed. Injuries have been reported, and at least one class action has already been filed.

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Defective Consumer Products and Services, Class Actions, Personal Injury • Jonas P. Mann
• William M. Audet
Mexico Class Action Filed Against British Petroleum

Audet and Partners, LLP has filed a class action complaint against British Petroleum ("BP") in Mexico City, Mexico on behalf of residents of Mexico adversely impacted by the 2010 BP oil spill in the Gulf of Mexico. 

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Toxic Chemicals & Other • William M. Audet
Valley Fever Infections

Researchers estimate that more than 150,000 people nationwide contract Valley Fever, or coccidioidomycosis, each year.  The cocci fungus is commonly found in soil in much of the Southwestern U.S., and is especially common in California's Central Valley.   It is believed by researchers that environmental factors play a role in the spread of Valley Fever. Valley Fever is caused by a soil-based fungus that is prevalent in Coalinga and nearby communities in both California and Arizona. Valley Fever is incurable and potentially fatal

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Class Actions, Personal Injury • William M. Audet
Mirena IUD Lawsuits

Mirena IUD, a contraceptive device marketed by Bayer since 2000, has been linked to serious adverse side effects in women.  According to the FDA, the Mirena IUD side effects may include ectopic pregnancy (a pregnancy in which the fertilized egg grows outside the uterus); intrauterine pregnancy (a pregnancy with Mirena in place); group A streptococcal sepsis; an infection called pelvic inflammatory disease; embedment of the device in the uterine wall; and perforation of the uterine wall or cervix.  The device was heavily promoted through "Mirena Parties" which misrepresented the ability of the device to improve a woman's sex life and help her "look and feel great."

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Defective Consumer Products and Services, Defective Pharmaceuticals, Defective Medical Devices, Class Actions, Personal Injury • William M. Audet
Spam Text Lawsuits

The Telephone Consumer Protection Act enacted in 1991 prohibits unsolicited text messages to personal phones in the absence of express prior consent, or unless the message serves an emergency purpose.  Companies are turning to text messaging in increasing numbers to promote their goods and services and can face damages of up to $1,500.00 for each unsolicited message.

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Class Actions, Fraud • William M. Audet
Biomet Metal-on-Metal Hip Implant Lawsuits

The Biomet M2a Magnum metal-on-metal system has been used in hip replacements since 2004.  Serious complications including metallosis and premature prosthetic failure have resulted in lawsuits throughout the United States.

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Defective Consumer Products and Services, Defective Medical Devices, Class Actions, Personal Injury, Fraud • William M. Audet
Defective Central Air Conditioning Units Sold by Goodman and Amana

Central air conditioning units sold by Goodman and Amana since 2008 have been found to contain defective evaporator coils leading to premature rupture and leakage of Freon, causing the units to cease proper operation after brief periods of use.

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Defective Consumer Products and Services, Class Actions • William M. Audet
Transvaginal Mesh Implants

Between 2005 and 2010, tens of thousands of women received implants of transvaginal mesh, primarily to address problems associates with pelvic organ prolapse and stress urinary incontinence. Unfortunately, it was not long before the United States Food and Drug Administration ("FDA") began receiving reports of adverse side effects in women receiving transvaginal mesh implants. The nature of these injuries described below, alarmingly common to women receving the vaginal mesh surgery, has led to the filing of more than 8,000 lawsuits in Federal District Court, now consolidated in West Virginia.

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Defective Consumer Products and Services, Personal Injury • William M. Audet
Actos Linked to Heart Failure and Bladder Cancer

Actos, a drug used to treat patients with Type 2 diabetes, has been shown to increase patient susceptibility to dire health consequences including heart failure and bladder cancer.

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Defective Consumer Products and Services, Defective Pharmaceuticals, Personal Injury • William M. Audet
Drywall Antitrust Lawsuits

During 2012, it is alleged that the largest North American manufacturers of drywall, or gypsum board, conspired to raise prices industry-wide by 35% as well as calling a halt to a the decades-old practice of "job quotes."

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Antitrust • William M. Audet
Force Placed Flood Insurance Lawsuits

Lenders are alleged to have purchased excessive amounts of flood insurance for homeowners and reaped significant financial propfit for this illegal practice.

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Class Actions, Fraud, Insurance Bad Faith • Michael McShane
• William M. Audet
Auto Parts Price Fixing Class Action

Consumers purchasing automobiles between 2000 and 2010 are likely to have paid inflated prices as a result of a price-fixing scheme by major auto parts manufacturers.

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Class Actions, Price Fixing and Anti-Trust, Fraud, Antitrust • Michael McShane
• William M. Audet
Stericycle, Inc. Excessive Billing

Stericycle, Inc., a publicly held company and one of the largest medical waste disposal companies in the world, is alleged to have been charging its customers illegal and excessive fees for years.

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Class Actions, Price Fixing and Anti-Trust, Antitrust • Michael McShane
• William M. Audet
Ford Fusion and C-MAX Hybrid Class Actions

Ford is alleged to have misstated the fuel efficiency of its 2013 Fusion and C-MAX hybrid vehicles.

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Class Actions, Fraud • Jonas P. Mann
• William M. Audet
Honey Supplier Class Action

In a class action brought on behalf of domestic honey suppliers, defendants are alleged to have illegally imported honey produced in China in a way that evaded government-imposed duties and artifically depressed the price of domestic honey.

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Class Actions, Price Fixing and Anti-Trust, Fraud • William M. Audet
Allscripts Electronic Health Records System

Allscripts Healthcare Solutions, Inc. is being investigated for breaching its warranty in connection with an electronic medical records software program sold to medical practices between 2009 and 2012.

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Defective Consumer Products and Services, Class Actions, Fraud • William M. Audet
RadioShack Overtime Lawsuit

RadioShack is facing claims that it improperly calculated overtime compensation paid to employees in violation of various state labor statutes, as well as the Federal Fair Labor Standards Act.

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Class Actions, Employment Litigation • William M. Audet