A comprehensive collection of our active and recently settled cases and investigations

03/25/2014

Nibco PEX Products Breach of Warranty Investigation

Nibco PEX Lawsuit

Audet and Partners, LLP is investigating claims against Nibco, Inc. based on breach of warranty, misrepresentations, and potential fraud in connection with Nibco's design and/or manufacturing of its cross-linked polyethylene plumbing tubes, fittings, and clamps that form the company's "PEX" system.  Residential and commercial property owners who have incorporated the PEX system into their homes and buildings have complained of the following defects in design and/or manufacturing of the component parts: Nibco PEX Tubing Consumers have complained that the polyethylene tubing is... Read More
03/13/2014

Spam Text Lawsuit Brought Against PredictoMobile, LLC in California

Spam Text Class Action Lawsuit Against Presto Mobile

A class action lawsuit recently filed in Federal Court for the Northern District of California alleges that the New Jersey company, PredictoMobile, LLC violated the Telephone Consumer Protections Act ("TCPA") by sending unsolicited, or spam text messages to cell phones of consumers in the absence of their prior, affirmative consent. The federal complaint alleges that PredictoMobile sent consumers text messages urging them to participate in a survey. Over the past decade short message service (SMS) and multimedia message service (MMS) technologies... Read More
03/11/2014

Risperdal Lawsuits Stress Demonstrated Link to Enlarged Breast Tissue in Males

Risperdal Lawyers

Audet & Partners, LLP is investigating claims for serious personal injuries, including breast enlargement in males, tied to administration of the antipsychotic drug Risperdal.  Commonly prescribed to treat schizophrenia and bipolar disorder, and occasionally used off-label to address ADHD, Risperdal has been shown in several studies over the past fifteen years to be strongly linked to elevated levels of prolactin in males, a hormonal precursor to breast development and lactation in women. This condition, referred to as Risperdal Gynecomastia, is irreversible.... Read More
02/13/2014

Cisco Breach of Warranty Claims Tied To Defective Memory Chips

CISCO Defective Memory Chip Breach of Warranty Claims

Based on a recent disclosure, Audet & Partners, LLP is investigating potential claims associated with certain Cisco Network Devices. During Cisco's recent quarterly financial report, the company admitted that it expects to spend $655 million to address a problem with a defective memory chip installed in many of their network devices. The memory chips were all purchased from a single provider from 2005 to 2010 and contain a defect that can allegedly cause Cisco's network devices to shut down and... Read More
02/10/2014

NFL Concussion Lawsuit Settlement

NFL Concussion Lawsuit Settlement

Attorney William Audet is now offering free case reviews to former NFL players with questions concerning pending multidistrict litigation against the National Football League for injuries related to concussions and/or head trauma. In August 2013, attorneys representing a class of approximately 4,500 former NFL players and their families negotiated a settlement with the NFL for a total amount of $765 million to be allocated as follows: • $657 million to players exhibiting specified cognitive injuries shown to have resulted from concussions and/or... Read More
02/03/2014

Pay-For-Delay Pharmaceutical Litigation

Pay For Delay Drug Litigation

In recent years, increasing scrutiny has been given to the practice of pharmaceutical manufacturers seeking to suppress the introduction of less expensive generic drugs into the market by artificial and potentially illegal means.  In some instances, the manufacturers of brand-name drugs will enter into anti-competitive  agreements with generic drug manufacturers pursuant to which the generic drugs will be withheld from the market for a predetermined amount of time.  Employing another tactic, the brand-name manufacturer may engage in sham patent litigation... Read More
01/30/2014

Mercury Payment Systems Illegal Credit Card Processing Fees Investigation

Mercury Payment Systems Illegal Fees

Audet and Partners, LLP is investigating claims that Mercury Payment Systems deceptively advertised the fees charged to merchants who use their service. Mercury Payment Systems offers credit and debit card payment processing for medium and small businesses. A recently filed complaint in the Federal District Court for the Northern District of California alleges that Mercury Payments Systems falsely advertise and represent to merchants that the fees associated with their service are billed as "cost-plus" or "interchange-plus" fees. Institutions that issue credit... Read More
01/18/2014

Pella Architect and Designer Windows Class Action Lawsuit

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A number of class action lawsuits have been filed against Pella Corporation, the manufacturer of the Architect and Designer Series windows. A complaint filed recently in United States District Court for the Northern District of Illinois alleges that the Architect and Designer series windows sold by Pella are allegedly defective and prone to water leakage, and subsequent rotting. The alleged defect allows water to seep through the window’s cladding, exposing the interior wood to moisture. The wood exposed to this moisture... Read More
01/14/2014

Procurement Fraud

In 2013, the Justice Department continued to vigorously prosecute procurement fraud whistleblower cases. The Justice Department recovered $890 million, a record in this area, for qui tam cases related primarily to defense contracts. The allegations for fraud are most often based on false claims and corruption involving government contracts.  The department obtained a $664 million judgment against Connecticut-based defense contractor United Technologies Corp. (UTC).   A federal court found UTC liable for making false statements to the Air Force in negotiating the... Read More
01/14/2014

Adulterated Drugs

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The Department of Justice is actively pursuing criminal and civil whistleblower cases against pharmaceutical companies for manufacturing and distributing adulterated drugs. Pharmaceutical suppliers who supply adulterated drugs into the United States pose a serious health risk to the population at large. For instance, generic drug manufacturer Ranbaxy USA Inc. paid $505 million to settle allegations of false claims to federal and state health care programs for adulterated drugs distributed from its facilities in India.  The settlement included $237 million in federal... Read More
12/19/2013

Target Massive Credit Card Data Breach Investigation

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UPATE ON TARGET CREDIT CARD THEFT: Target has made a number of announcements regarding the credit card hacking, including statements regarding any potential losses. Our firm is in the process of determining whether Target's promises will be honored. We suggest you visit targets webpage: https://corporate.target.com/about/shopping-experience/payment-card-issu e-FAQ. If after you review the webpage and/or connect with Target and believe that you still have a potential issue or have not been treated as promised, you should let us know. Audet & Partners, LLP is... Read More
12/17/2013

Depakote and Birth Defects

Children born to women taking the commonly prescribed seizure medication Depakote (divalproex sodium) are more likely to have birth defects and other problems. Studies show Depakote linked to Spina bifida, cleft palate, limb deformity, congenital cardiac defects, facial dysmorphism and other serious birth defects. Valproic acid, a well known anticonvulsant, is being used by psychiatrists increasingly to manage bipolar and other affective disorders. Because of the demographics of the population affected by such psychiatric conditions, more women of childbearing age are likely... Read More
12/17/2013

Off-Label Drug Sales Investigations

The United States federal government is aggressively pursuing criminal and civil whistleblower cases against pharmaceutical companies for promoting off-label uses of prescription drugs. In 2013 alone, the Department of Justice reported over $2 million in settlements in criminal and civil off-label settlements. Off-label use is the practice of prescribing pharmaceuticals for a purpose outside the scope of a drug’s approved label, most often concerning the drug’s indication. For example, drug manufacturer Abbott Laboratories Inc. paid $1.5 billion to resolve allegations that... Read More
12/14/2013

Asus False Advertising Investigation

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Audet and Partners, LLP Investigating Claims of False Advertising By Asus Computers and Asustek Audet and Partners, LLP is investigating claims that Asus Computers and Asustek ("Asus") are falsely advertising their wireless routers as FCC compliant. A complaint filed in July 2013 in the US District Court, Northern District of California, alleges that Asus hired QuickTek Corporation, a Taiwanese company, to certify to the FCC certain compliance measures for wireless routers with model numbers ASUS RT-AC66U and ASUS RT-N65U. The complaint... Read More
12/12/2013

Lumber Liquidators Investigation

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Flooring Customers File Class Action Suit Against Lumber Liquidators For Deceptive Sales Practices A November 2013, shareholder lawsuit filed against Lumber Liquidators has alleged that the company has been illegally harvesting lumber from China. Subsequently a class action lawsuit has been filed in Virginia federal court. The class action lawsuit alleges that Lumber Liquidators engaged in a scheme to illegally import into the United States and falsely advertise and sell, Chinese flooring that fails to comply with the relevant and applicable... Read More
12/12/2013

23andMe, Inc. Class Action Lawsuit

23andMe Class Action Audet and Partners False Advertising Lawsuit

Class Action Lawsuit Against 23andMe Alleges False and Misleading Advertising and Misappropriation of Personal Genetic Data A number of class action lawsuits has been filed against the genetic testing company 23andMe for false and misleading advertising and for misappropriating personal genetic information of their customers. On November 22, 2013 the FDA issued a warning letter to 23andMe alleging that the company's marketing materials violated federal laws by making medical claims that have never been federally approved and asked the company... Read More
12/05/2013

Kolbe Windows Breach of Warranty Investigation

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Audet and Partners, LLP is investigating consumer complaints that windows manufactured by Kolbe & Kolbe Millwork Co., Inc. ("Kolbe") are prone to premature, chronic air and/or water penetration following residential and commercial installation.  Consumer complaints also include Kolbe falsely advertising its windows as requiring little or no maintenance and Kolbe's failure to properly honor its express warranties after becoming aware of alleged product defects and associated problems experienced by consumers. Kolbe's alleged product defects, its alleged false representations, and its failure... Read More
11/24/2013

AZEK Decking False Advertising Investigation

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Audet and Partners, LLP is investigating potential claims for false advertising on behalf of consumers who purchased AZEK Decking products.  AZEK manufactures an alternative to natural wood decking made from the synthetic material PVC. AZEK markets and advertises their PVC decking as low maintenance and able to avoid the typical drawbacks seen in traditional wood and composite decking, such as staining, scratching, splitting and moisture related problems. Nevertheless, customers are finding out that they aren’t getting what they were promised.... Read More
11/19/2013

Ecobaby Organics False Advertising Claims

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Audet and Partners, LLP is investigating claims that Ecobaby Organics falsely advertised their latex mattresses. A complaint filed by the Federal Trade Commission alleges that Ecobaby promoted their latex mattresses as "chemical free" with no formaldehyde, toluene, benzene, VOCs, or toxic substances. Ecobaby also claimed its products contained fewer contaminants and chemicals than competitors' memory foam mattresses and that it had sound testing to back up its claims. Throughout their promotional material, Ecobaby Organic prominently featured the seal of the NAOMI... Read More
11/19/2013

Relief-Mart Inc Complaints False Advertising Investigation

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Audet and Partners, LLP is investigating claims that Relief-Mar Inc, based in Westlake, California used false advertising and deceptive trade practices when marketing their Biogreen memory foam mattresses. A complaint filed by the Federal Trade Commission alleges that Relief-Mart lacked a reasonable basis to support its claims that its Biogreen memory foam mattresses do not contain volatile organic compounds ("VOCs"), have no VOC off-gassing, and lack the odors commonly associated with memory foam mattresses. According to Relief-Mart's online promotional materials ... Read More