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


On-Call Employees Entitled to Compensation, Court Holds

On Call Employees Entitled to Pay Under California Law

The California Supreme Court has held that on-call employees are entitled to compensation for "downtime" spent awaiting assignments at an employer's request.  The class action lawsuits of Mendiola v. CPS Security Solutions were brought in 2008 by approximately 1,500 security guards who alleged that the company’s policy on sleep-time and on call-compensation violated California minimum wage and overtime regulations. The Mendiola case involved two separate allegations. First, as a condition of their employment, the guards were required to patrol for 8 hours and maintain on-call... Read More

Ambit Energy Class Action Lawsuit Investigation

Ambit Energy Class Action

Audet & Partners, LLP is investigating several complaints from consumers regarding potentially fraudulent sales tactics of Ambit Energy.  Consumers have alleged that although promised savings on their energy bills, within months after switching to Ambit, their energy bills suddenly skyrocketed, in some cases doubling, compared to rates charged by other local providers. Upon investigation, information suggests that Ambit Energy may have orchestrated a scheme whereby it intentionally failed to disclose its plan to increase customer rates well beyond prevailing market rates after... Read More

Oil and Gas Worker Overtime Lawsuit Investigation

Oil and Gas Worker Overtime Claims

Audet & Partners, LLP is investigating claims on behalf of workers in the flourishing oil and gas industry for alleged overtime violations and a range of other employment-related violations. The U.S. Department of Labor (DOL) has recently intensified its investigation of the employment practices of companies involved in oil and gas drilling and exploration.  These investigations have suggested the possibility of a widespread industry practice of companies involved in oil and gas projects to misclassify their workers as "independent contractors" rather... Read More

Mobile App Spam Lawsuit Investigation

Mobile App Spam

Audet & Partners, LLP is investigating consumer claims that various mobile apps, both for iPhone and Android, may be “hijacking” the address books of users and sending unsolicited text messages to user contacts inviting the contacts to download the app or otherwise take specific action that ultimately benefits the app developer or distributor. Mobile app spam lawsuits have been brought by consumers who have downloaded popular apps including Glide and Path.  In a practice coming to be called “spam-viting,” Glide, promoted as... Read More

Windsor Pinnacle Select Windows Lawsuit Investigation

Pinnacle Select Windows Lawsuit

Audet & Partners, LLP is investigating claims by homeowners who have installed Windsor Pinnacle Select Windows that the Pinnacle Windows are prone to premature failure well within the product warranty period.  Consumers of Pinnacle Select windows have alleged that the windows permit water and moisture to seep inside the window unit leading to dangerous and costly damage to property including mold, premature rotting, and other structural issues. The nature of property damage that consumers are alleging resulted from faulty Pinnacle Windows... Read More

Wrestler Concussion Lawsuit Investigation Against WWE


Audet & Partners, LLP is investigating potential wrestler concussion lawsuit on behalf of professional wrestlers working for World Wide Wrestling Entertainment, Inc. (“WWE”).  Wrestlers are claiming to have been subjected to scripted performances for many years that included repeated trauma and injury to the head and brain leading to serious long-term debilitating injuries, lost profits, premature retirement, medical expenses, depression, cognitive deterioration, and, in some cases, death and suicide. It is alleged that in carrying out WWE’s scripted performances, wrestlers were... Read More

Dentastix Lawsuit Investigation Based on Alleged False Advertising

Audet & Partners, LLP is investigating claims that may form the basis of a class action lawsuit against Mars Petcare, parent company of Pedigree, the manufacturer of Dentastix dog treats.  For some time, Pedigree has been marketing Dentastix as facilitating "up to 80% tartar reduction" in dogs who chew Dentastix.  The National Advertising Division (NAD) of the Council of Better Business Bureaus, however, has issued a public statement disputing the claimed efficacy of Dentastix.  The NAD has stated that in... Read More

Opt-Out Lawyers in High-Stakes Litigation

As federal and state court rulings continue to strengthen roadblocks to class action certification, increasing numbers of in-house counsel are being left to decide on aggressive outside counsel to pursue high-stakes plaintiff's litigation as individual plaintiffs.   Faced with mounting hurdles to class action certification, for example in the context of antitrust price-fixing lawsuits, many in-house attorneys travel the road of inertia and opt to retain counsel for their litigation that has typically been strongly aligned with defense of claims... Read More

Navistar Lawsuit Investigation Involving Maxxforce EGR Diesel Engines

Navistar Maxforce Lawsuit Investigation

Audet & Partners, LLP is investigating class action claims raised in a Navistar lawsuit that the company’s Maxxforce EGR diesel engine may have been sold to consumers in a defective and unreasonably dangerous condition in model years 2008-2013. Recent claims coming to the attention of Audet & Partners, LLP suggest that Navistar trucks sold in these model years were equipped with the Maxxforce EGR diesel engine that may have contributed to a dangerous tendency for these models to break down, leading... Read More

Rocket Fuel Lawsuit Investigation Re: Ad Fraud

Rocket Fuel Lawsuit Investigation re: Ad Fraud

  Audet & Partners, LLP reports that Rocket Fuel, Inc. may have sold advertising inventory to customers possibly viewed more often by automated computer programs, or "bots," rather than by human beings.  In an expose published earlier this year, the Financial Times reported on a Rocket Fuel advertising inventory sold to Mercedes Benz that proved to consist largely of views by automated technology.  The Financial Times cited a report by Telemetry, a UK company specializing in detecting ad fraud, suggesting that 57% of the... Read More

Luvena False Advertising Lawsuit Investigation

Luvena False Advertising Class Action

Audet & Partners, LLP is investigating claims against the California drug manufacturer, Laclede, Inc. (“Laclede”) for personal and economic injuries to consumers arising out of the use and purchase of its line of prebiotic vaginal products. Laclede marketed, manufactured, and distributed the following Luvena products as part of its prebiotic vaginal product line: • Luvena Prebiotic Vaginal Moisturizer and Lubricant • Luvena Prebiotic Enhanced Personal Lubricant • Luvena Prebiotic Feminine Wipes • Luvena Prebiotic Daily Therapeutic Wash The Luvena package label and accompanying package insert advertises the following... Read More

Trucker Meal and Rest Break Class Action Lawsuit

Trucker Meal and Rest Break Class Action Lawsuit

On July 9, 2014, the Ninth Circuit Court of Appeals in San Francisco reinstated a class action lawsuit brought on behalf of thousands of truck drivers claiming they are owed significant back pay for missed rest breaks and meal breaks.  Prior to this opinion, courts had held that under the Federal Aviation Administration Authorization Act of 1994, federal law regulating the trucking industry prevented state law from impacting drivers, or the business of trucking companies in any way.  On this... Read More

Propane Price Fixing Class Action Lawsuit Investigation

Propane Price Fixing Class Action Lawsuit

Audet & Partners, LLP is investigating claims from distributors and end users of refillable propane tanks distributed by Blue Rhino and Amerigas that these companies conspired to artificially inflate the price of propane more than 10% since 2008. Beginning in 2008, it is alleged that Blue Rhino and Amerigas, the two leading distributors of propane in refillable propane tanks, agreed to reduce the volume of their refillable propane tanks from 17 to 15 lbs., while maintaining current pricing.  This strategy resulted... Read More

Fluidmaster Toilet Connector Lawsuit Investigation

Fluidmaster Defective Toilet Connector Class Action

Audet & Partners, LLP is currently investigating problems reported by consumers with toilet connectors manufactured by Fluidmaster, Inc.  Consumers have reported serious property damage resulting from faulty connectors that failed or ruptured prematurely.  Information has surfaced that the company may have known of the defects in these products, but chose to market these connectors despite this knowledge. Initially sold with a ten-year warranty, it is suspected that the company shortened the warranty period to five years once consumers began calling the... Read More

Rustoleum Restore Defective Product Lawsuit

Rustoleum Restore Defective Product Lawsuit

Rustoleum® Restore® Lawsuit Investigation Audet & Partners, LLP is investigating claims on behalf of consumers who have purchased and used Rustoleum® Restore® resurfacing products on outdoor decks.  It has been alleged that the Restore® product, when applied to exterior decks may be prone to premature peeling and/or bubbling, leading to expensive repair costs for property owners. In one reported case, a homeowner alleged that he applied Rustoleum® Restore® to his outdoor deck in 2013, only to have significant peeling and bubbling begin... Read More

E-mail Spam and Unsolicited Electronic Messages

E-mail Spam Lawsuits

Aligned with the maturation of the Internet as the primary medium through which people communicate, are increasingly sophisticated marketing strategies using e-mail as an invasive sales and marketing tool.  In response to the misuse of e-mail for unsolicited marketing purposes, California has remained on the forefront of states enacting legislation to punish and deter e-mail spammers. California law (Business and Professions Code § 17529.5) specifically states that a "person or entity" may not: (a) Initiate or advertise in an unsolicited commercial e-mail advertisement from... Read More

VA Hospital Illegal Wait List Investigation

VA Hospital Illegal Wait Lists

Audet & Partners, LLP is investigating claims on behalf of U.S. veterans and their families that a VA hospital in Phoenix illegally neglected to render necessary medical care to many veterans in a timely fashion, in many cases leading to serious personal injury or death. Federal regulations mandate that VA hospitals enter all new patients into a nationwide electronic wait system database designed to better ensure that all veterans receive care in a timely fashion.  It has been alleged, however, that... Read More

Depakote and Birth Defects

Depakote Lawsuit Information Children born to women taking the commonly prescribed seizure medication Depakote (divalproex sodium) are more likely to have birth defects and other problems. Studies have demonstrated a strong link between Depakote and serious birth defects including Spina bifida, cleft palate, limb deformity, congenital cardiac defects, facial dysmorphism. 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... Read More

Transvaginal Mesh Implants


American Medication System(AMS) SETTLEMENT On April 30th, 2014 Audet & Partners, LLP  reached an agreement with AMS regarding resolution of its Mesh cases.  The firm represents hundreds of AMS mesh clients and was able to reach an excellent result for its AMS clients.  The firm expects to provide details regarding the settlement to its clients in the next few weeks, as well as to commence implementation of the settlement process with the goal of paying clients settlement amounts in the near... Read More

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