Veronica Baca thought she’d won a new home. She had been named a finalist in a contest. She pulled the lucky key that opened a prize door at halftime of a Broncos game. She toured the house. She agreed to let the company use her image in advertisements. She signed a form titled “Centex House Party Grand Prize Release.” She was even in the local newspaper.
lawsuits
RIAA Defendant: Best Buy Replaced My Hard Drive During Warranty Repair
By 11.5.07
The RIAA defendant who lost her jury trial, Jammie Thomas, is telling her side of the story on p2pnet. Of particular interest: She claims that Best Buy made the decision to replace her hard drive, under the terms of her extended warranty, 6 months before she was served with the RIAA’s subpoena.
The Great Coffee Can Patent War, Starring Kraft and Procter & Gamble
By 11.3.07
If you drink Folgers or Maxwell House, the coffee can on your shelf is the subject of a patent war between Kraft and Procter & Gamble. Both are accusing the other of stealing the innovative technology used to contain your precious morning fuel in a resealable plastic can that can “withstand the pressure changes that occur between the factory and the consumer’s home.”
Sprint Will Allow Departing Customers To Unlock Their Phones
By 10.28.07
Sprint will relinquish unlock codes to departing customers in good standing as part of proposed class action settlement.The class was formed last year by California consumers who argued that the locked phones bound them to Sprint by making it more expensive to switch carriers. Sprint claimed that releasing the codes was unnecessary since the service contract clearly informed consumers that phones would only work on Sprint’s network.
Credit Card Companies Say TJ Maxx Breach Affected 94 Million Accounts
By 10.26.07
According to new court papers, Visa and Mastercard are saying that the TJ Maxx security breach actually affected 94 million accounts—more than double the amount that TJ Maxx reported.
By 10.26.07
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Man thinks he wins $1.6 mil at the slots, but then the casino takes him to a backroom and says they’re not going to pay because it was a computer error. Because the casino is an Indian one, he might not have recourse through the courts. [ABC]
Class-Action Suit Filed Against Systemax (aka TigerDirect) Over Unfulfilled Rebates
By 10.25.07
Last Thursday, a Texan filed a class-action suit against Systemax Inc. in federal court, alleging the company and its subsidiaries TigerDirect and OnRebate conspire to delay or reject rebates in order to sweeten profits. Systemax says no way, we pay our rebates on time; according to its chief financial officer, “All consumers who properly complete the rebate application and submit the required paperwork have their rebates paid, period.” But that’s not what the Texan says happened to him.
Man Files Defamation Lawsuit After Being Accused Of Shoplifting By Home Depot
By 10.23.07
A man who purchased a lawn tractor at the Edwardsville, IL Home Depot went back inside to buy some more stuff while employees loaded his tractor onto his truck.
The $400,000 Wedding Florist Lawsuit: Dirty Vases and Brown, Wilted Flowers
By 10.22.07
We briefly mentioned a lawsuit in which a bride (who happens to be a lawyer) was suing her florist for $400,000 after she was disappointed with the wedding flowers she paid $30,000 for.
Organic Principles, Regulations Ignored By Nation's Largest Organic Dairy
By 10.21.07
Consumers in twenty-seven states are suing Aurora Dairy, the nation’s largest organic dairy for selling milk that failed to meet basic organic standards. The suit is bolstered by findings from USDA inspectors, who found that between December 2003 and April 2007, Aurora: “labeled and represented milk as organically produced, when such milk was not produced and handled in accordance with the National Organic Program regulations.”
By 10.20.07
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Emboldened by the easy victories of other telecoms, AT&T has directed its squad of time traveling super-lawyers to sue Vonage for patent infringement. [NYT]
Lawsuit: Walgreens Substituted Chemo Drug For Prenatal Vitamins
By 10.19.07
A woman who suffered a miscarriage after taking chemo drugs that were supposed to be prenatal vitamins is suing Walgreens, according to the Chicago Tribune.
Deep Vein Thrombosis Lawsuits Against US Airways, Delta Allowed To Continue
By 10.18.07
Three airline passengers who claim that cramped seating gave them deep vein thrombosis can continue with their lawsuits against Singapore, Delta and US Airways, a judge ruled.
Progressive Says Lying Its Way Into Church Support Group To Dig Up Lawsuit Dirt Was "Reasonable"
By 10.18.07
Remember how Progressive got caught infiltrating a church support group and secretly recording it in hopes of discrediting two of its members involved in an insurance claim? And then their CEO posted a public apology, calling the incident “apalling?” Well, now, in defending itself against the lawsuit filed by the people whose privacy was breached, Progressive is calling its actions “reasonable.” Progressive must be some kind of special alchemist to brew a concoction both “appalling” and “reasonable” at the same time.
By 10.18.07
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Some newlyweds are suing a florist for $400,000 for messing up their wedding. They say they paid 30k for centerpieces of rust, fuchsia and dark green at $465 a pop, but were surprised to see cheaper flowers used to create pinkish-white centerpieces that ruined the overall look of the room. The florist says he has proof they got what they asked for and will counter-sue. We say we’re in the wrong business. [Reuters]
AT&T Says It Will Begin Prorating Termination Fees
By 10.17.07
Maybe the T-Mobile lawsuit has scared AT&T a bit, because they’ve announced that they’re changing their early termination policy: they will now prorate termination fees instead of charging a flat fee. They’re also removing the policy that required existing customers to extend a current agreement or sign up for a new one when changing their level of service. No word on when these changes will go into effect, but there’s nothing on their website yet.
