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Law Firm Group Seeks National Suit Against Toyota
Class Action |
2010/02/11 09:16
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Lawyers with nearly two dozen firms around the country hope to consolidate their claims that Toyota Motor Corp.'s recalls have cost customers billions of dollars. P. Tim Howard, a Northeastern University law professor leading the group seeking class-action status for numerous existing lawsuits, said Wednesday that the more than 8 million vehicles recalled by Toyota have collectively lost more than $2 billion in resale value because of the recalls. Kelley Blue Book and other automotive guides have warned that the recalls begun in November are eroding the value of Toyotas. The car appraisal guide estimated Wednesday that the resale value of recalled cars and trucks will fall another 1.5 percent. That's on top of a drop of 1 percent to 3 percent Blue Book analysts forecast last week. Howard, who litigated against tobacco companies in the 1990s, also said he will seek damages for Toyota drivers who have decided not to use their recalled vehicles, although the value is more difficult to determine. |
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Investors file class action complaint against Toyota
Class Action |
2010/02/09 08:39
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Toyota Motor Corp. was sued today in Los Angeles federal court for failing to disclose to investors that there was a major design defect in the automaker's acceleration systems. The proposed class action complaint, filed in U.S. District Court in downtown Los Angeles by a San Diego law firm on behalf of all purchasers of Toyota publicly traded securities, accuses Toyota, certain of its affiliates and certain of their officers and directors with violations of the Securities Exchange Act of 1934. The suit alleges that Toyota issued "materially false and misleading statements" regarding its operations and its business and financial results and outlook when the company knew it had a design problem. "Defendants misled investors by failing to disclose that there was a major design defect in Toyota's acceleration system, which could cause unintended acceleration," the lawsuit, filed by the firm Coughlin Stoia, alleges. "As a result of defendants' false statements, Toyota's securities traded at artificially inflated prices - reaching a high of $91.78 per share on Jan. 19." Toyota's stock price had fallen to $73.49 per share on Feb. 3. Toyota was also sued Friday in Los Angeles County Superior Court on behalf of all affected owners of the 2010-year Prius and the 2010 Lexus HS250h hybrid. Both models share the same braking system, which has been the object of consumer complaints. |
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Appeals court blocks FedEx class action
Class Action |
2009/07/28 05:06
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A federal appeals court ruled Monday that a group of FedEx Corp. employees who claim the company failed to pay them for all hours worked cannot form a class action group.
A three-judge panel of the 11th Circuit Court of Appeals on Monday upheld a federal judge's decision to block the hourly employees from filing a class action lawsuit. The judge had ruled that the court inquiries into each employee's individual situation would "swamp" any of the group's common issues. The employees contend that FedEx has engaged in a "pervasive and long-standing policy" of failing to pay hourly employees for all time worked. FedEx hourly employees are required to manually enter their scheduled start, end and break times into a hand-held tracker. But employees also use time cards as a backup tracking method. The group claims they frequently worked during unpaid breaks. They also say they weren't paid for the gap periods between punching in or out on a time clock and when they actually started or finished work. For example, if an employee punched in at 7:45 a.m. but entered a start time of 8 a.m. into the tracker, there would be a 15-minute gap for which the employee would not be paid. A spokesman for FedEx wasn't immediately able to comment on the ruling Monday. |
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Court to consider whether to allow Vioxx lawsuits
Class Action |
2009/05/26 06:34
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The Supreme Court will decide whether shareholders can sue pharmaceutical company Merck & Co. because of the failure of its former blockbuster painkiller Vioxx.
The high court agreed Tuesday to review Merck's challenge to a federal appeals court's reinstatement of a class-action securities lawsuit.
Investors had charged Merck with providing misleading information or omitting information about the risks of Vioxx. A U.S. District judge dismissed the November 2003 lawsuit, ruling that all the plaintiffs' claims were time-barred under the statute of limitation. But the 3rd U.S. Circuit Court of Appeals decided to allow the lawsuits and Merck appealed to the Supreme Court. Vioxx was pulled from the market Sept. 30, 2004, because it doubled risks of heart attack, stroke and death. That day alone, stockholders lost a collective $28 billion. |
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Class-action lawsuit over tobacco ads proceeds
Class Action |
2009/05/20 08:45
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Consumers have the right to sue as a group over advertising they believe misled them into buying products, a divided state Supreme Court ruled Monday in reinstating a massive suit against the tobacco industry.
The 4-3 decision rejected business arguments that, if accepted, would have virtually prohibited class-action suits for false advertising by requiring proof that every plaintiff - millions of them, in some cases - had seen an allegedly deceptive ad and relied on it to make a purchase. The court majority said that evidence is required only for the single plaintiff or small group that represents the entire class. "This gives the consumers rights to protect themselves from fraudulent advertising," said Mark Robinson, a lawyer for the smokers who sued tobacco companies in 1997. The ruling could make California "the class-action capital of the country," retorted William Stern, a lawyer for business organizations and a co-author of Proposition 64, a 2004 ballot measure at the heart of the case. The suit accused the companies of waging a long advertising campaign that concealed cigarettes' addictive and harmful effects. Unlike individual suits over illnesses allegedly caused by tobacco company deception, the current suit seeks reimbursement of money spent by every Californian who bought cigarettes during the period covered by the case: June 10, 1993, to April 23, 2001. The case was filed under California's unfair-competition law, a far-reaching statute that lets private citizens sue on behalf of the general public over illegal business practices, including deceptive advertising. The law was narrowed by the business-sponsored Prop. 64, which requires a plaintiff to show that he or she had actually been harmed by the business practice. Prop. 64 did not say, however, how the new requirement would affect class actions, in which an individual or a small group sues on behalf of consumers in the same circumstances. The crucial question Monday was whether every member of the class must show harm from the challenged business practice, a virtual impossibility in most cases. |
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Settlement limits insurers' claims in Vioxx deal
Class Action |
2009/01/23 08:40
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Former Vioxx users getting part of a $4.85 billion settlement ending most personal injury suits over the withdrawn painkiller will get a bigger piece of the pie, thanks to an unusual settlement Thursday with their health insurers.
Insurers who paid medical expenses for claimants in the settlement — one of the largest ever in the pharmaceutical industry — have been trying to recoup their expenses from the claimants. The insurers placed liens against any amounts recovered by thousands of former Vioxx users or their survivors, and unsuccessfully tried to make plaintiff lawyers disclose identities of all Vioxx claimants.
Under an agreement approved Thursday by U.S. District Judge Eldon Fallon in New Orleans, the amount the more than 100 private insurers participating in the deal can recover from liens will be reduced by at least half. There's also a sliding scale that limits the total an insurer can recover from each claimant, attorney Christopher Seeger, who negotiated the agreement, told The Associated Press in an interview. Insurers could get at most 15 percent of a $100,000 settlement, or $15,000, and 10 percent of any settlements worth more than $250,000. It's the first such settlement with insurers in a mass litigation case, Seeger said. "It's a great deal for the (insurance) carriers. It's a very good deal for the claimants," said Seeger, co-lead counsel for plaintiffs in the consolidated federal Vioxx cases. Drugmaker Merck & Co., based in Whitehouse Station, N.J., pulled Vioxx off the market in September 2004 amid mounting evidence it greatly increased the risk of heart attack, stroke and death. That triggered tens of thousands of lawsuits from Vioxx users who claimed they were harmed. |
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Madoff Spinoffs - Another Investment Class Action
Class Action |
2009/01/02 09:22
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A class action in Manhattan Federal Court claims Tremont Market Neutral Fund was grossly negligent in handing over 27% of its money to Bernard Madoff for his alleged $50 billion Ponzi scheme.
Here are the defendants in the Tremont Funds case: Tremont Market Neutral Fund LP, Tremont Partners Inc., Tremont Group Holdings Inc., Oppenheimer Acquisition Corp., Oppenheimer Funds Inc., Massachusetts Mutual Life Insurance Co., and Ernst & Young LLP.
A class action in Manhattan Federal Court claims these defendants handed over investments in the Rye Select Broad Market Fund to Bernard Madoff for his alleged Ponzi scheme: Rye Select Broad Market Fund LP, Tremont Partners Inc., Tremont Group Holdings Inc., Rye Investment Management, Jim Mitchell, and Robert Schulman.
Three members of the Sciremammano family sued Bernard Madoff, saying he took more than $2 million from them, in Manhattan Federal Court. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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