We wrote about Eric Drew a few weeks ago—his personal information was stolen by a shady lab technician while he was undergoing treatment in 2004.
lawsuits
Pre-Emption Doctrine Would Make FDA Responsible For All Drug Problems, Shield Big Pharma From Lawsuits
By 4.8.08
Johnson & Johnson is waiting to hear whether or not a judge in Ohio will allow any lawsuits over its Ortho birth control patch to move forward, and the New York Times says lawyers on both sides think there’s a good chance he may find in the company’s favor based on the doctrine of pre-emption. The argument goes that it’s the FDA’s responsibility to monitor the safety and labeling of drugs that go to market, and therefore if something goes wrong, it’s the agency’s fault and not the pharmaceutical company’s.
Google's Street View Is All Up In Your Driveway Looking At Your Basketball Hoop
By 4.8.08
The couple, Aaron and Catherine Boring, have succeeded in getting the photos yanked from the site, but the industrious minds over at the Smoking Gun found another even more intrusive set of photos taken by the search giant.
Arbitration Mill Sued By San Francisco
By 4.7.08
A San Francisco attorney has sued the National Arbitration Forum for being biased towards credit companies and ignoring consumer rights. [More]
Lawsuits Claim Insurers Are Choking Social Security With Unnecessary Disability Applications
By 4.3.08
Two whistleblower lawsuits have been filed recently against insurers, faulting them for requiring unnecessary and repeated disability applications with Social Security before they’ll pay out any benefits. One person says her disability insurer, the Unum Group—which was only paying her $50 a month for a temporary injury she was almost certain to recover from—called her 10 times to ask her about her Social Security disability application. The woman told the New York Times “she did not need or want money from Social Security, and did not think she was entitled to it. Her doctors had told her she would recover, and Social Security is limited to people whose disabilities are total and permanent.”
By 4.3.08
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The Starbucks barista tip sharing lawsuit has spread to New York. [NYT]
Gibson Sues Makers Of Guitar Hero And Rock Band For Patent Infringement
By 4.2.08
Gibson is suing Activision, Harmonix, Electronic Arts, and MTV over alleged patent infringement over the companies’ involvement in Rock Band and the Guitar Hero series. The lawsuit is not over Guitar Hero’s use of the iconic Les Paul, SG, and Explorer guitars as controllers, but for violation of a decade-old patent for….drumroll please… “a method for simulating a live performance using a musical instrument, a 3D headset with stereo speakers, and a pre-recorded concert.” (US Patent 5,990,405) Gibson does not rock, at all…
Apple Sued: New 20" iMac Screens Display 260k Colors, Not Millions
By 4.2.08
Anyone who has been on the receiving end of an Apple ad campaign in the past 10 years knows that they tend to play fast and loose with the truth in their ad copy. Their towers are the fastest, their laptop is the thinnest, their phone is the most advanced. With so many unchecked exaggerations, Apple sometimes comes across as the consumer electronics version of Donald Trump, augmented by killer industrial and UI designers. Now a law firm in California has filed a class-action suit against the company for misrepresenting its new 20-inch iMac models as being capable of producing millions of colors, when in fact they use a substandard el-cheapo screen that is nowhere near as capable as what’s in the 24-inch models.
Judge Wants To Know Why 31 Law Firms Are Seeking A Cut Of The "Credit Card Hidden Transaction Fee" Settlement
By 4.2.08
Last year’s class-action settlement against Mastercard, Visa, and several banks over the fees they charged customers who traveled abroad came up to about $336 million, and of that, 31 law firms are claiming a total of about $86 million for fees. The federal judge responsible for determining how much they get paid wants to know why.
Walmart Drops Lawsuit Against Brain Damaged Worker
By 4.1.08 — Updated: 10.25.12
The world’s largest retailer said Tuesday in a letter to the family of Deborah Shank it will not seek to collect money the Shanks won in an injury lawsuit against a trucking company for the accident.
Arkansas Attorney General To Payday Lenders: Shut Down Or I'll See You In Court
By 3.31.08
On March 18, Arkansas Attorney General Dustin McDaniel sent letters to 156 payday lenders, ordering them to stop issuing new loans and void any current and past due loans or face legal action. McDaniel charges that the lenders are violating Arkansas’s constitutional prohibition against usurious interest rates.
Lawsuit Says Verizon's Text Message TV Show Contests Are "Illegal Gambling"
By 3.29.08
A class-action lawsuit has been filed in California against Verizon and several third-party companies, alleging that they promoted illegal gambling by enticing customers to pay to enter contests in which there was an “infinitesimally” small chance of winning, reports RCRWireless. “The suit centers on 99-cent charges levied on wireless consumers who played contests associated with popular TV shows like ‘Deal or No Deal’ and ‘Sole Survivor.'” The plaintiffs claim that the contests were less promotional sweepstakes than “illegal lotteries designed to generate revenues far in excess of the value of the cash awarded.”
Starbucks CEO Thinks Pesky "Laws" Don't Apply To His Company
By 3.28.08
In the state of California it is illegal for supervisors to share in employee tips. Starbucks recently lost a lawsuit brought by an employee who said he was forced to share a portion of his tips with his supervisor. The judgment awarded over $100 million in back tips and interest to the Starbucks baristas of California, and now several similar lawsuits are pending in other states.
Leukemia Survivor Settles ID Theft Lawsuit With TransUnion; Five More Companies To Go
By 3.27.08
When Eric Drew was in the hospital being treated for leukemia five years ago, a lab technician stole his personal information and began opening up credit card accounts in his name.
By 3.27.08
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The US Isn’t the only wacky lawsuit country. In China, KFC won a defamation lawsuit filed by an elderly gentleman who accused the fast food chain of damaging his social standing, because he felt their “teadog set meal” implied that he and his grandson had become “dog friends.” [China Daily]
Starbucks Ordered To Pay Back $100 Million In Tips
By 3.21.08
A California judge has ordered Starbucks to pay its employees more than $100 million in tips and interest that was paid to shift supervisors, says the Associated Press.
By 3.20.08
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A 9-page look at how big business has been scoring big wins in the Supreme Court over the past 30 years [NYT].
Mugger Used Our Credit Card, Now CapitalOne Sued Us Without Us Knowing For $1200 And Won
By 3.20.08
Andrew’s wife got mugged, the thief rand up purchases on her credit card, and now CapitalOne has sued them for $1200 and won. How can this be? Andrew writes:
In May of 2005 my wife was mugged at one of the elevated train stations in Chicago. After calling the police and filing a police report, she started calling each credit card company to cancel each account. Except she forgot about one card, her CapitalOne card. A card hardly ever used and only had a $500.00 limit…
