A judge rejected a settlement that would have granted a $19 Sharper Image coupon to consumers who purchased the Ionic Breeze… and $1.8 million in fees to the lawyers.
class action
Court Allows Lawsuit Against T-Mobile To Proceed
By 10.11.07
On Wednesday, the California Supreme Court refused to review two earlier findings, which killed T-Mobile’s final chance at blocking a lawsuit against its early-termination fees and practice of locking phones. This is the third time T-Mobile has tried to stop the case from proceeding, and both a state trial judge and a state appeals court have already rejected T-Mobile’s claims that its customers were required by the terms of their contracts to submit to binding arbitration.
Class-Action Lawsuits Filed Against Apple, AT&T Over iPhone
By 10.10.07
A class-action lawsuit was filed on October 5th against the unholy duo of Apple and AT&T, charging that they intentionally broke unlocked headsets via the last firmware update, and conspired illegally to monopolize parts of the mobile phone market by preventing consumers from using any services other than those provided by the two companies. The suit charges the two companies, either jointly or separately, with six formal counts, including “alleged violations of the California Business and Profession’s Code, The Cartwright Act, The Sherman Act, The Federal Trade Commission Act, The Communications Act of 1934, and The Telecommunications Act of 1996, as well as rules and policies established by the FCC.”
Class Action Lawsuit Filed Against Walmart, Pathmark, Topps Meat For Selling E. Coli Tainted Beef
By 10.5.07
28 people in 8 states have fallen ill due to e. coli exposure from Topps frozen hamburgers and now a class action lawsuit has been filed against the meat processor and several grocery stores who sold the product. 10 people have been hospitalized. One has hemolytic-uremic syndrome, which causes kidney failure.
By 10.3.07
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A federal judge in California certified a class-action lawsuit against Target Corp on Tuesday. The suit claims that Target’s website is not accessible to the blind, and the plaintiffs have accused Target of violating state and federal anti-discrimination laws. “All e-commerce businesses should take note of this decision and immediately take steps to open their doors to the blind,” said the president of the National Federation of the Blind, a party to the suit. [Reuters]
By 9.25.07
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A class-action lawsuit was filed yesterday against Simplicity Inc., Target Corp., and Graco Children’s Products Inc. for their roles in the unfolding defective crib recall. The lawyer who filed the suit originally represented the family of a 9-month-old who died in 2005 from one of the badly-designed cribs, which can be dangerous if assembled incorrectly. [Chicago Tribune]
TJ Maxx Settles Class Action Lawsuits
By 9.22.07
The announcement did not specify the settlement cost, but noted that its estimated costs were included in a $107 million reserve included in its second-quarter report for fiscal 2008 and its estimate of $21 million in costs expected in fiscal 2009. The $107 million figure includes costs from other lawsuits not included in the customer class actions, the Framingham-based company said.
Interview With RIAA Lawsuit Target Tanya Andersen
By 9.19.07
You might remember Tanya. She was falsely accused by the RIAA of sharing over 1,000 songs. Rather than admit they had the wrong person, the RIAA lawyers just wouldn’t quit.
Ameriquest Is Dead
By 9.10.07
Ameriquest, the lender the epitomized everything that was f*cked up about the subprime mortgage meltdown, is dead.
Comcast's Class Action Waiver Ruled "Unconscionable"
By 9.7.07
Comcast can’t use their mandatory arbitration clause to keep its Georgia customers from obtaining class-action status in a lawsuit that alleges Comcast inappropriately collected too many franchise fees. The amount that was improperly collected (about $11 a subscriber) isn’t enough to warrant a bunch of individual lawsuits, so Comcast thought it could get away with it by citing its mandatory arbitration clause forbidding class-action lawsuits. It worked at first, but now the 11th Circuit Court is having none of it.
Lawsuit Says Mattel Should Pay For Lead Testing
By 8.21.07
A lawsuit filed Monday asks Mattel to pay for lead testing to determine if children have been exposed to lead from the millions of recalled toys.
Class Action Status Requested For Malicious Prosecution Suit Against RIAA
By 8.18.07
Remember Tanya Anderson? After the RIAA’s case against the 42 year-old single mother for downloading gangsta rap was dismissed with prejudice, Tanya turned around and sued the RIAA for fraud, racketeering, and malicious prosecution. Now, her lawyers have filed papers in federal court asking to grant her suit class action status. From Ars Technica:
Reservation Rewards Infects GameStop?
By 8.6.07
Coupon merchant “Reservation Rewards” has infected GameStop, according to reader Mike. For those of you who are not familiar with “Reservation Rewards,” here’s how it works:
Consumers Can't Sign Away Rights To Class Action Lawsuits
By 7.13.07
The Supreme Court of Washington State has ruled that consumers cannot sign away their right to participate in a class action lawsuit, according to the Seattle Post-Intelligencer.
Lawsuit: XBOX 360 Scratches Discs?
By 7.11.07
Brouwer said his Xbox 360 scratched two of his games, “Gears of War” and “Madden NFL 07,” and that Microsoft offered to replace the games for a $20 fee. He is seeking more than $5 million in damages, according to the court filing.
We’re assuming the $5 million is to replace everyone’s games (class action) and not just for him. This lawsuit deals only with disc scratching, an entirely separate issue from the “general hardware failure” that prompted Microsoft to extend the XBOX 360 warranty.
Hybrid Mileage Claims Spur Lawsuit
By 7.7.07
A California man shocked that his Honda Civic Hybrid’s gas efficiency didn’t match EPA estimates has decided to file a class action suit against Honda for false advertising. John True spent an extra $7,000 on the hybrid model after seeing advertisements that claimed average city fuel efficiency of 49 mpg. True was horrified to discover that after 6,000 miles of driving, he only averaged 32 mpg.
The lawsuit claims American Honda Motor Co. has misled consumers in its advertisements and on its Web site. The suit notes that while the Environmental Protection Agency and automobile window stickers say “mileage will vary,” some Honda advertisements read “mileage may vary.” That implies that it’s possible to get the mileage advertised, said William H. Anderson, a Washington, D.C., attorney for True.
Coca-Cola Settles Benzene Lawsuit
By 5.15.07
Benzene can form in soft drinks containing vitamin C, also called ascorbic acid, and either sodium benzoate or potassium benzoate. Scientists say factors such as heat or light exposure can trigger a reaction that forms benzene in the beverages.
Cingular Tries to Get Class Action Lawsuit Thrown Out, Cites Arbitration Clause
By 3.5.07
“Although the exact wording of these provisions has changed somewhat over time, each has required customers to pursue their disputes with Cingular or AT&T Wireless in either individual arbitration or small claims court,” the defendants allege in their motion.
