Class Action

04/12/2016

EMV Credit Card Reader Lawsuit

EMV Credit Card Chip Lawsuit

Audet & Partners, LLP is investigating claims on behalf of small merchants and retailers seeming from fees and charges incurred in connection with transition to the new EMV chip-based point of sale (POS) transaction system recently implemented by major U.S. card issuers. In recent years, prominent financial institutions and credit card issuers including Visa, MasterCard, American Express, Discover, Bank of America, Chase, Citibank, PNC and Wells Fargo issued new credit cards containing EMV chips to customers requiring merchants to install new equipment... Read More
09/17/2015

TimberSIL Lawsuit Investigation Based on Premature Rotting

TimberSIL Lawsuit

Audet & Partners, LLP is investigating claims that TimberSIL wood, used extensively in New Orleans home reconstruction following Hurricane Katrina, is now beginning to show signs of extensive, premature rotting.  A traditional wood alternative, TimberSIL is a wood composite fortified with glass.  The material was marketed as being especially friendly to the environment as it omits chemicals that might otherwise slow the rate of decay. Now, in addition to problems being reported in New Orleans, property owners in several states are... Read More
01/16/2015

What is a Class Action?

What is a Class Action?

Class Action Lawsuits   Class action lawsuits are brought when a sizable number of people (the "class") suffer similar injuries due to the actions of a particular defendant, usually a company. In order to proceed as a class action, however, certain criteria must be met. “Certification” is the process by which a judge will decide if a class action is appropriate. Generally, a case will be “certified” if there are similar legal or factual issues and the class is large enough to make... Read More
08/25/2014

Class Action Against Whole Foods Challenges Homeopathic Claims

Class Action Homeopathic Whole Foods

Audet & Partners, LLP reports that a new class action lawsuit recently brought in the U.S. District Court for the Southern District of Florida challenges claims made by Whole Foods Market, Inc. regarding products including Cough Ease for Kids, Cough Ease, Flu Ease and Arnica Montana 30C.  Each of these claims are based on the assertion that the company extracted a premium for these products from potentially hundreds of thousands of consumers by claiming that the products effectively treat the... Read More
07/16/2014

Overprescription of Antipsychotic Drugs to Seniors Class Action Lawsuit Settled

Overmedication of Seniors Class Action Lawsuit

Audet & Partners, LLP reports that, in what may be the first class action lawsuit of its kind, a California nursing home has settled claims brought on behalf of 305 current and former residents that the hospital overprescribed antipsychotic medication to residents.  The lawsuit brought against the Ventura Convalescent Hospital in 2010 alleged that the facility engaged in the practice of  administering a variety of "extremely dangerous" antipsychotic drugs as an illegal means of chemically restraining seniors.  The facility agreed to pay... Read More
05/07/2014

How Do I Start a Class Action Lawsuit?

How to Start a Class Action Lawsuit

In recent years, there has been a groundswell of misinformation largely designed to dissuade individual consumers from joining together to bring class action lawsuits against large corporations based on various issues including consumer fraud, illegal bank lending practices, personal injuries resulting from defective products, and similar theories. The truth is that it is only through class action lawsuits that many larger corporations, product manufacturers, pharmaceutical companies, etc., are motivated to modify their practices in a way that protects ordinary consumers from... Read More
01/30/2014

Court Denies J.C. Penney Co. Motion to Dismiss TCPA Suit

A proposed class action lawsuit against J.C. Penny Co. Inc. over spam text messages will continue after a California federal judge rejected J.C. Penny’s attempt to use an offer of judgment to moot the lawsuit. Plaintiff Tracy Maier sued J.C. Penny Co. in January 2013 for violations of the Telephone Consumer Protection Act (TCPA).  Maier had received unsolicited text messages from the retailer after signing up for J.C. Penney’s online rewards program and providing her cellphone number in the process.  The... Read More
07/15/2013

Georgia-Pacific PrimeTrim Building Trim

georgia-pacific-primetrim-lawsuit(1)

Audet and Partners, LLP is investigating claims that PrimeTrim, a synthetic building molding product manufactured, marketed, and sold by Georgia-Pacific often fails to perform up to warranty standards and marketing representations touting the product as more durable than traditional lumber.  To the contrary, many owners of buildings that have incorporated PrimeTrim have allegedly found that PrimeTrim has shown signs of deterioration, rotting, swelling, buckling, delamination, water absorption, warping and/or bulging well before the expiration of the 30-year express warranty provided... Read More
07/02/2013

Dollar General Employment Class Action

dollar_general_meal_break_class_action

Audet and Partners, LLP has filed a class action against Dollar General Corp. (“Dollar General”) in the United States District Court for the Middle District of Tennessee, Case No. 3:13-cv-00652, alleging violations of the Federal Fair Labor Standards Act, as well as specific employment statutes within the State of Tennessee. The lead plaintiffs in this lawsuit allege that while working between 32-40 hours per week, they were given meal breaks but as supervisory “keyholders” they were not allowed to leave... Read More
04/19/2013

Stericycle, Inc. Excessive Billing

stericycle_excessive_charges

Stericycle, Inc., a publicly-traded company with revenue swelling 14.1% in 2012 to $1.96 billion, maintains an expansive network of medical waste transport vehicles, collection sites, and treatment facilities in the United States and 11 international markets.  Stericycle's extensive customer base includes hospitals, laboratories, physician practices, dental offices, long-term care facilities, blood banks, veterinarians, and other generators of biohazardous waste. Following the enactment of the Medical Waste Tracking Act of 1988, Stericycle was formed in 1989.  Since becoming a publicly-traded company in... Read More
03/13/2013

Spam Text Hot on FTC Radar

ftc_text_spam

As recently reported, the Federal Communications Commission (FCC) has previously taken steps to protect consumers from text message solicitations otherwise known as “text spam.”  Earlier this month, the Federal Trade Commission (FTC) stepped in to file charges against 29 defendants (comprised of text spam operators, “spammers,” and associated website operators involved in the scam) in various jurisdictions around the United States.  The targeted defendants allegedly sent 180 million unwanted text messages to unsuspecting consumers.  According to Charles A. Harwood, acting director... Read More
03/07/2013

Class Actions Hang in Balance of Supreme Court Docket

clas-action-lawyers-audet-and-partners

The United States Supreme Court is set to decide a series of cases this year that could have a dramatic impact on the future of class action litigation.  The way the nation’s highest court rules in these cases could impact class action litigation in a litany of cases that cover such diverse topics as unsafe pharmaceuticals, defective medical devices, consumer fraud claims, defective consumer products claims and other cases that are often pursued as a class action lawsuit.  The key... Read More
03/05/2013

California Class Action Involving College Athletes Seeking Royalties Allowed to Proceed

Plaintiffs recently won a significant victory in the pending anti-trust lawsuit brought against the NCAA, Collegiate Licensing Company and EA Sports when a federal judge rejected the NCCA’s early challenge to the litigation proceeding as a class action. The lawsuit seeks damages for use by the NCAA, its sports’ marketing company and EA sports for the use of college athletes’ likenesses, images and names on television and in video games. While the ruling did not authorize certification as a class... Read More
02/19/2013

Domino’s Pizza Drivers Decertified in Class Action for Tips

Recently the 8th U.S. Circuit Court of Appeals decertified the Domino’s Pizza Drivers class action lawsuit brought by 1,600 delivery drivers against the company for wrongfully denying them tips in violation of the Minnesota Fair Labor Standards Act. We are currently evaluating claims by hospitality workers, such as Domino’s Pizza delivery drivers, who have had gratuities wrongfully withheld from them. Workers may have the right to bring a class action lawsuit for violation of wage and hour laws or... Read More
02/19/2013

Facebook Settles Sponsored Stories Class Action Lawsuit

If you or your child have or have had a Facebook account and a Facebook Sponsored Story featured your or your child’s name or profile picture, you or your child may be entitled to up to $10 by virtue of a new class action settlement. Given the public interest in this case, our class action law firm has provided answers to some of the most common questions about the settlement below. Sponsored Stories is one of Facebook’s advertising programs... Read More
12/05/2012

Central AC Warranties Amount to Hot Air

Goodman and Amana air conditioning units are at the center of a new class action lawsuit. Apparently, the company knew its AC units were defective, but sold them anyway without warning consumers or issuing a recall. Products sold with inherent defects of this nature often violate product warranties issued by manufacturers. These warranties, by law, are intended to protect consumers when purchased products fail to perform as reasonable expected. In the case of defective central air units... Read More
11/28/2012

Received an Unsolicited “Spam” Text Message? You Could Be Entitled to Damages

A recent national study suggests that nearly 75% of cell phone users that send and receive text messages have received unsolicited or "spam" text messages advertising or promoting products and/or services. Another study estimates that the number of unique commercial text messaging ad campaigns quadrupled in the first half of 2012, and that receipt of such messages increased 300% between 2011 and 2012. Consumers are protected from unsolicited commercial text messages by the Federal Act known as the Telephone Consumer... Read More
11/28/2012

Injured by an Exploding Flushmate Toilet? You May Be Able To Join a Class Action Lawsuit

After people were injured by "exploding toilets" the Consumer Products and Safety Commission ordered a recall of over 2.3 million Sloan Flushmate III toilets. This was a very popular toilet because of its of its powerful flush. The system, however, apparently was not strong enough to withstand the air and water pressure it created, causing the tank lid to rise and shatter the tank. There have already been over 300 flushmate problems reported involving toilets that have... Read More
11/28/2012

Valley Fever Infections Rise Among California and Arizona Prison Inmates

In recent years there has been an epidemic of valley fever in California and Arizona. Valley Fever Infection, coccidioidomycosis, is a disease caused by fungus which lives in the soil. It can be contracted by simply breathing in the dust in a contaminated area. Symptoms of valley fever include fever, aches, pains, coughing and running nose. Coalinga prison inmates and other prisoners in the San Joaquin Valley are at particularly high risk for valley fever. In 2005 inmates... Read More
10/25/2012

Mexico Class Action Filed Against British Petroleum

On October 23, 2012, Audet and Partners, LLP filed a class action lawsuit against British Petroleum in Mexico City, Mexico.Between April and July 2010, it is believed that the explosion of BP's Deepwater Horizon drilling rig resulted in leakage of some 4.9 million barrels of oil into the Gulf of Mexico. In a subsequent effort to cosmetically reduce the appearance of oil on the water surface, BP covered the oil spill with 1.9 million gallons of Corexit, an oil... Read More