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

04/10/2015

Dietary Supplement Lawsuit Investigation Probes Hidden Amphetamine

Audet & Partners, LLP is investigating widespread reports that dietary supplements purchased for several years at popular retailers contained hidden amounts of the amphetamine-like stimulant called BMPEA, or β-methylphenylethylamine.  IN 2013, the U.S. Food and Drug Administration ("FDA"), identified BMPEA in multiple supplements containing "Acacia rigidula" despite scientific evidence that BMPEA has never been identified or extracted from Acacia rigidula, a plant native to Texas. In recent years there has been mounting evidence of the dangers posed to humans by BMPEA.  In... Read More
04/08/2015

Felon Firings By Apple May Be Illegal

Audet & Partners, LLP is investigating claims by construction workers who claim to have been discharged from work on Apple's new Cupertino campus based solely on their status as previously convicted felons.  While for certain types of employment a prior felony conviction may bear some relevance to potential job responsibilities, this generally does not hold true for construction work and situations such as the recent felon firings at Apple. The San Francisco Chronicle recently reported on one worker, Kevin Yip, who... Read More
03/18/2015

Parking Heater Antitrust Lawsuit Investigation

Audet & Partners, LLP is investigating potential claims by purchasers of parking heaters that the price of these units in the aftermarket may have been artificially and illegally inflated as the result of anticompetitive behavior by Espar, a prominent parking heater manufacturer. Espar recently pled guilty to charges brought by the U.S. Department of Justice which alleged price-fixing and antitrust violations under the Sherman Antitrust Act.  The charges against Espar and its coconspirators alleged, among other things, a scheme that was... Read More
02/26/2015

Nvidia Lawsuit Investigation Challenges Specs of GTX 970

Nvidia GTX 970 Lawsuit Investigation Audet & Partners, LLP is investigating claims of consumers that the GTX 970 graphics card manufactured by Nvidia was promoted by Nvidia with misleading specifications.  The card, used for memory-hungry, high-end gaming, was promoted on Nvidia's website and elsewhere as having 4 GB of GDDR5 VRAM.  Subsequent complaints have led to discovery that the card RAM is in fact broken into two segments of 3.5 GB and 500 MB.  Testing of the card has suggested possible performance... Read More
02/24/2015

Anthem Breach Leaves Children Especially Vulnerable

The recent data hack of Anthem subscriber information has left millions of children at risk of identity theft.  The Anthem breach exposed confidential information on more than 80 million individuals, including social security numbers. At particular risk are children who have been added to Anthem accounts maintained by their parents.  Children subscribers of Anthem often have yet to establish any credit history.  This absence of any historical credit information may make it far easier for criminals to open accounts with stolen... Read More
02/18/2015

Spark Energy Lawsuit Alleging False Advertising

Audet & Partners, LLP is investigating several complaints from consumers regarding potentially fraudulent sales tactics of Spark Energy.  Consumers have alleged that although promised savings on their energy bills, within months after switching to Spark Energy, their energy bills suddenly skyrocketed, in some cases doubling, compared to rates charged by other local providers. Upon investigation, information suggests that Spark Energy may have implemented a sales program whereby it may have intentionally failed to disclose its plan to increase customer rates well beyond prevailing market rates... Read More
02/18/2015

XOOM Energy Lawsuit Investigation for False Advertising

Audet & Partners, LLP is investigating several complaints from consumers regarding potentially fraudulent sales tactics of XOOM Energy.  Consumers have alleged that although promised savings on their energy bills, within months after switching to XOOM, their energy bills suddenly skyrocketed, in some cases doubling, compared to rates charged by other local providers. Upon investigation, information suggests that XOOM Energy may have implemented a sales program whereby it may have intentionally failed to disclose its plan to increase customer rates well beyond prevailing market rates after... Read More
01/26/2015

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
12/01/2014

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
11/20/2014

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
11/04/2014

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
11/03/2014

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
10/31/2014

Wrestler Concussion Lawsuit Investigation Against WWE

wrestler-concussion-lawsuit

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
10/30/2014

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
10/01/2014

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
09/18/2014

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
09/12/2014

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
07/21/2014

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
07/10/2014

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
07/09/2014

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