class actions Archives

Suits Allege Apple Concealed Knowledge of iPhone 7 Defect

May 10th, 2019|Categories: Class Actions, HB Risk Notes, Technology Law|Tags: class actions, class certification, complex litigation, Product Liability, Product Recall|

Apple Inc. has been sued in federal courts in Illinois and California for allegedly knowingly selling iPhone 7 and 7 plus models with an audio chip defect, called the “Audio IC Defect” or “Loop Disease” by consumers, which causes an array of operational issues. The bug gums up handset audio functions, grays out speaker buttons during calls, and degrades microphone fidelity. And if that's not enough it can kill Siri's voice command capabilities. The plaintiffs accuse Apple of actively concealing the Audio IC Defect while advertising the iPhone 7 as “the best iPhone we ever made.” The plaintiffs claim that when they first experienced operational problems Apple didn't offer complimentary repairs. The suits allege breach of warranty and violation of California and Illinois consumer protection laws. Plaintiffs seek class certification, damages, attorneys' fees, and injunctive relief. In Illinois, the plaintiffs may also try to force Apple to repair, recall, and/or replace current defective iPhone 7s in the United States and notify all purchasers of the Loop Disease. Evidence shows “Apple’s internal acknowledgement and subsequent discontinuation of their out-of-warranty repairs without public announcement of the Audio IC Defect amounts to misrepresentation and concealment of the Audio IC Defect,” the California complaint in Casillas v. Apple reads. Complaints available on Scribd.com. Casillas v. Apple, N.D. Calif., No. 3:19-cv-2455 Castelli v. Apple, N.D. Ill., [...]

Top Class Actions: Vaccine Litigation Case Roundup

April 19th, 2019|Categories: Class Actions, HB Risk Notes, Mass Torts|Tags: class actions, emerging litigation, mass torts, personal injury, Product Liability|

[one-half-first][/one-half-first] [one-half]There have been numerous lawsuits filed alleging injuries caused by the shingles vaccine Zostavax. Cases have stated they were not warned of the adverse side effects of the vaccine alleging it caused the diseases it is meant to prevent, among other things. Here is what the CDC says to consumers: “Your risk of shingles and postherpetic neuralgia (PHN) increases as you get older. CDC recommends that people 60 years old and older get shingles vaccine (Zostavax®) to prevent shingles and PHN. Shingrix (recombinant zoster vaccine) is the preferred vaccine, over Zostavax® (zoster vaccine live), a shingles vaccine in use since 2006. Zostavax may still be used to prevent shingles in healthy adults 60 years and older. For example, you could use Zostavax if a person is allergic to Shingrix, prefers Zostavax, or requests immediate vaccination and Shingrix is unavailable. Zostavax (zoster vaccine live) was licensed by the FDA in 2006. This vaccine reduces the risk of developing shingles by 51% and PHN by 67%. It is given in one dose as a shot, and can be given in a doctor’s office or pharmacy.“ Read more: https://www.cdc.gov/vaccines/vpd/shingles/public/zostavax/index.html The vaccine is produced by Merck & Co. Their product information can be found here: https://www.merckvaccines.com/Products/Zostavax Here is a roundup of the cases filed. [/one-half] 1.Husband and Wife File Zostavax Shingles Vaccine Lawsuit "A North Carolina husband and [...]

National Geographic Disclosed Customer Info, Class Action Says — Top Class Actions Blog

April 14th, 2019|Categories: Class Actions, Corporate Compliance, HB Risk Notes|Tags: class actions, compliance, data privacy, Privacy, regulations|

[one-half-first][/one-half-first] [one-half] "The National Geographic class action states that prior to and at the time that he subscribed to the magazine, the company did not notify him that it discloses the personal reading information of its customers. "Markham also claims that he wasn’t provided with any written notice that National Geographic makes a practice of renting, exchanging, or otherwise disclosing personal reading information to third parties, and provides no means of opting out. "However, the National Geographic information disclosure class action lawsuit says that since subscribing to National Geographic and between Mach 26, 2016 andJuly 30, 2016, National Geographic disclosed Markham’s personal reading information to data aggregators, data appenders, and/or data cooperatives." Read the complete post by Top Class Actions Editor Emily Sortor here. [/one-half]

Million-Dollar Settlement in Employee Background Check Case, Top Class Actions Reports

April 11th, 2019|Categories: Class Actions, Employment, HB Risk Notes, HB Tort Notes|Tags: class actions, compliance, data privacy, employment law, protected personal information (PPI)|

"Job applicants have secured a $1.2 million settlement ending allegations that Maxim Healthcare did not properly inform potential employees that they would have a consumer report pulled as part of the application process. Class Members include those who applied and got a job with the healthcare services company between May 5, 2009 and Aug. 27, 2012, who were also subject to a consumer report check by Maxim. The Maxim Healthcare class action lawsuit claimed that Maxim violated federal consumer privacy protections when procuring employee background checks."

Attorney General Ferguson of Washington Sues State’s Top Opioid Distributers

March 20th, 2019|Categories: Class Actions, Emerging Litigation & Risk, HB Risk Notes, HB Tort Notes, Mass Torts|Tags: class actions, Drug Laws, Drugs & Devices, Healthcare, mass torts|

“We are woefully under-resourced when it comes to treatment. The people who are responsible for this epidemic should being paying for it. We are going to hold these companies accountable and get more money into our communities for treatment.” --Washington AG Bob Ferguson The three largest distributors of prescription opioids in Washington State are being sued by Attorney General Bob Ferguson for fueling the state's opioid epidemic. Detailed in Ferguson's King County lawsuit are the billions of dollars made from these suspicious shipments of over 2 billion pills of unregulated oxycodone, fentanyl, hydrocodone and other opioids. "Prescriptions and sales of opioids in Washington skyrocketed more than 500 percent between 1997 and 2011. In 2011, at the peak of overall sales in Washington, more than 112 million daily doses of all prescription opioids were dispensed in the state — enough for a 16-day supply for every woman, man and child in Washington," according to the AG's announcement. "In 2014 McKesson, Cardinal Health and AmerisourceBergen shipped enough opioids to Pend Orielle County to supply every single resident with dozens of pills. In 2009, McKesson alone supplied enough for dozens of pills for every resident of the county. The specific shipment numbers are currently under seal." The accused distributors are in the top 15 Fortune 500 list based on 2017 revenue. In addition to the [...]

Stigma and Shame Hampered AIDS Treatment in the 80s, and Opioid Treatment Today

January 2nd, 2019|Categories: Class Actions, HB Risk Notes, HB Tort Notes, Insurance|Tags: class actions, Healthcare, healthcare fraud, insurance, Liability Claims|

By Tom Hagy I worked in the press office of the New Jersey Department of Health in the 1980s. Aside from hazardous waste, asbestos, cancer, a chemical fire or two, the annual influenza "crisis" and the occasional salmonella outbreak, AIDS was one of the most urgent, frightening and misunderstood health issues of the day. The U.S. epidemic began with one reported case in 1981, according to the Centers for Disease Control, and grew to an astounding 36.9 million people living with HIV/AIDS in 2017 as reported by the World Health Organization. The office I worked in was tasked with providing information to the public and members of the press. At the time many public health professionals believed -- as is the case with many diseases -- that education on how to prevent transmission of the HIV virus would all but eliminate its spread. All we had to do was educate the public and, most importantly, the high-risk groups. Education is a common weapon in fighting disease. It's why we wash our hands, cough into our elbows and try not to put salt on absolutely everything we put in our mouths. In the early 1980s the "problem" was that the high-risk groups were having homosexual sex and injecting drugs -- not typical themes addressed by politicians. Early on more conservative policymakers didn't [...]

Cyber Insurance Policy Language Review: A Deep Dive Into Key Policy Provisions and Important Differences Among Cyber Policies | Oct. 25, 2018 | Now On-Demand!

October 3rd, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: Business Interruption, class actions, cybersecurity, Insurance Companies, mass torts|

[one-third-first] Now Available On Demand PLACE: Your computer or mobile device PRICE: $197 CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Judy Selby Principal Judy Selby Consulting LLC Scott Godes Partner Barnes & Thornburg Please contact us with any registration questions: Brownie.Bokelman@LitigationConferences.com Kathleen.McFadden@LitigationConferences.com Your registration includes: • A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. • The opportunity to connect directly with speakers via email to HBWebinars@LitigationConferences.com • At least one-hour of CLE credit. Produced in collaboration with Judy Selby Consulting LLC Also available as part of your subscription at the Thomson Reuters West LegalEdcenter. [/one-third-first] [two-thirds] What's in your cyber policy? Cyber insurance can provide a lifeline to companies dealing with today’s high stakes and constantly evolving cyber risk and regulatory compliance landscape. But not all cyber policies are created equal, and a single policy word can mean the difference between a covered and an uncovered claim. In this session, we analyze various cyber insurance coverage terms, conditions, and exclusions and describe how the words can impact coverage for real-life claims. What you will learn: • Important differences among generally available insurance coverages for cyber and privacy risks • Understanding basic cyber insurance policy conditions and [...]

Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018

September 1st, 2018|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts, Torts-On-Demand-CLE|Tags: Claims management, class actions, lien resolution, mass torts, Settlements|

[two-fifths-first] Two ways to access this session. Get it direct from HB for just $197 for the video -- audio synced with slides. Or, it's included in your West LegalEdcenter (Thomson Reuters) subscription. ____________________ Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens: Beyond Traditional Medicare and Medicaid Issues Take this highly practical course with two deeply experienced practitioners who share insights on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims [...]

Complex Post-Settlement Liens | Webinar | July 26, 2018 | 2pm

July 4th, 2018|Categories: Complex Business Litigation, HB Tort Notes, Law Firm Operations|Tags: class actions, complex litigation, compliance, lien resolution, Litigation & appeals|

[two-fifths-first] Date: July 26, 2018 Time: 2pm-3:30pm Fee: $125 Register and pay online or contact Kathleen.McFadden@LitigationConferences.com (484) 324-2755 x2000 Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens Join us for a highly practical session with two deeply experienced practitioners who will share their insights and answer your questions on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers will discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims against their insureds, and Taransky v. Sec. U.S. Dept. of [...]

Class Actions Weekly Roundup from Top Class Actions

March 31st, 2018|Categories: Class Actions, HB Tort Notes, Mass Torts|Tags: class actions, Drugs & Devices, mass torts, Product Liability, Product Recall|

This roundup is prepared exclusively for HB Litigation Conferences by: Walmart Class Action Claims Glucosamine Tablets are Mislabeled Walmart has been hit with a class action lawsuit claiming that their store brand glucosamine tablets are mislabeled. Plaintiffs Cynthia Parker, Reba Garth, Margaret Herrin, and Shirley Reinhard allege that Walmart misrepresents its store-brand glucosamine sulfate dietary… Read More Sorin 3T Heater Cooler Lawsuit Alleges Serious M. Chimaera Bacterial Infection An Indiana man has filed a Sorin 3T heater cooler lawsuit against LivaNova PLC, alleging their cardiac heater cooler device had caused him to develop a potentially fatal infection. The claimant filed the Sorin 3T heater cooler… Read More Coca-Cola Seeks Dismissal of Diet Coke Class Action Lawsuit Coca-Cola asked a New York federal court to toss a class action lawsuit alleging the company’s use of the name “Diet Coke” is misleading. The company argues that claims against its use of the word “diet” in… Read More Couple Files Stryker Hip Recall Lawsuit Over Metallosis Complications Thousands of hip implants were affected by a Stryker hip recall after they were linked with serious complications, including metallosis. Some patients affected by these major side effects have turned to litigation, hoping to regain some… Read More Facebook Class Action Challenges Facial Recognition Technology Facebook faces a new class action lawsuit alleging that the social media site captured and stored biometric information of [...]

Top Class Actions’ Top Trends Affecting Class Actions in 2018

March 31st, 2018|Categories: Class Actions, HB Tort Notes, Mass Torts|Tags: class actions, emerging litigation, mass torts, mult--district litigation (MDL), Product Liability|

Editor's Note: This article was written by Kim Gale at Top Class Actions and is reprinted here with the permission of the publisher. Scott Hardy, the company's President & CEO, is one of the speakers featured at HB's Class Action Mastery conference May 9-11, 2018 in New York. Top Class Actions is sponsoring that event and its companion program, Mass Tort Med School, the same week. As we come close to rounding out the first quarter of 2018, it is clear that several class action lawsuit trends from 2017 will continue to ripple through the court system this year. Class Action Lawsuit Stats Did you know three areas are responsible for a third of all class action lawsuits filed in the U.S.? The federal courts in California, Southern District (Miami) of Florida, and the Eastern District (Brooklyn) of New York keep lawyers and judges the busiest. In the initial nine months of 2017, a total 3,136 federal class action lawsuits were filed in those areas alone, according to an article published Dec. 9, 2017 by PorterWright.com. These statistics are apt to change because new Supreme Court decisions (Bristol-Myers Squibb v. Superior Court of California and BNSF Railway Co. v. Tyrrell) rein in a court’s jurisdiction and ability to litigate matters when residents from outside the court’s state make claims. These new decisions mean a [...]