According to Reuters, a class action lawsuit may proceed against Delta Airlines and Air-Tran Airways over alleged claims that the airlines conspired to set baggage fees. Legal action against Delta and Air-Tran was first brought in 2009 after it was alleged that Air-Tran executives invited Delta to begin charging an increased baggage fee following an earnings conference call. Atlanta-based Judge Batten ruled that there was “sufficient factual specificity to establish unlawful conspiracy” in the case. He did, however, reject claims that the Atlanta-based carriers had attempted monopolization of the local marketplace. Judge Batten also acknowledged that Delta’s recent merger with Northwest further complicated the case, given that prior to the merger, Northwest had charged a baggage fee, whereas Delta had not. Judge Batten indicated that Delta may be able to argue that the baggage fee was introduced to facilitate the integration of Northwest’s policies and procedures with that of the new and expanded company. For further information on class action lawsuits call Burg Simpson toll free on 1.888.895.2080

Posted by Seth A. Katz at 08:42 AM | Permalink | Comments (0) | TrackBacks (0)

A Judge in California has ruled that a lawsuit brought against Apple Inc. and AT&T can be given class action status. The class action will combine a number of individual lawsuits which allege that Apple’s exclusive agreement with AT&T forced consumers to commit themselves to a five-year service contract, rather than for the two-years they thought they were signing up for when they first bought their phones. Claims of anti competitive practice, first surfaced in 2007, given that iPhone users were forced to subscribe to AT&T’s network. This ruling will allow the named plaintiffs who represent the class of consumers to sue both Apple and AT&T for anti-trust law violations.

Posted by Seth A. Katz at 09:43 AM | Permalink | Comments (0) | TrackBacks (0)

The latest version of Apple’s iPhone has only been on the market for one week, but already Apple and AT&T are facing numerous lawsuits because of antenna reception problems with the new iPhone 4. Heralded as a breakthrough in cell phone technology, problems surrounding reception signal and Apple’s new wraparound antenna have led many to believe that Apple has a major product defect on its hands.

Continue reading "iPhone 4 - the first rotten apple? " »

Posted by Seth A. Katz at 10:03 PM | Permalink | Comments (0) | TrackBacks (0)

San Francisco has become the first city in the nation to require all mobile phone retailers to display the amount of radiation emitted from their headsets. The new law, which was passed on Tuesday, June 16, has received a mixed reaction from consumer protection groups and the telecommunication industry. Many consumer groups have welcomed the introduction of the legislation, declaring it a major victory for cell phone shoppers. Some industry bodies have voiced concern that the move will damage commerce. Specifically the new law requires mobile phone retailers to list the specific absorption rate (SAR) of a device. Currently phones sold in the United States must not have a SAR rate greater than 1.6 watts per Kg. The scientific and medical community remains divided as to the potential dangers of radiation omitted from mobile

Posted by Seth A. Katz at 09:35 AM | Permalink | Comments (0) | TrackBacks (0)

AT&T will reverse its policy of "locking" its cell phones, after settling a class action lawsuit. Beginning July 2010, the telecom company will provide customers with an "unlock code", making it easier for customers to use their existing AT&T handsets on other compatible wireless networks. The overall aim is to make it easier for customers to switch carriers at the end of their contracts. There are some notable exemptions to this change, including Apple's iPhone. As part of the settlement, AT&T has admitted no previous wrong doing.

Posted by Seth A. Katz at 01:02 PM | Permalink | Comments (0) | TrackBacks (0)

A federal jury in New York has found the U.S. Division of Novartis AG, guilty of discrimination against female employees on the grounds of pregnancy, promotion and pay. Novartis has been ordered to pay $250 million in punitive damages to a class of more than five and a half thousand women. The ruling comes just days after the same jury had awarded more than $3.3 million to a group of 12 former Novartis employees, who originally filed suit in 2004. Judge Colleen McMahon will calculate the exact amount of back pay, lost benefits and adjusted wages. Novartis intends to appeal.

Posted by Diane V. Smith at 11:18 AM | Permalink | Comments (0) | TrackBacks (0)

The House Energy and Commerce Committee has released new proposals to strengthen vehicle safety and the authority of the National Highway Traffic Safety Administration (NHTSA). The Committee recommends that every new car or truck be fitted with a black box to record event data, which authorities could use to help determine the causes of a crash. The draft legislation also proposes eliminating a cap on the civil penalties a car maker could face, as well fining auto company executives up to $250,000 for providing false or inaccurate information to authorities. The proposals also call for the NHTSA to be able to issue an immediate recall for vehicles known to contain an "imminent hazard of death or serious injury."

Posted by Seth A. Katz at 09:50 PM | Permalink | Comments (0) | TrackBacks (0)

Toyota Motor Corp is facing the largest ever penalty sought by the National Highway Traffic Safety Administration (NHTSA) against an automobile manufacturer in the United States. NHTSA has announced that it is seeking a $16.375 million civil penalty on account of Toyota’s of failure to notify the agency of a lethal 'sticky pedal defect’ within the required the five working day time frame. NHTSA accuses Toyota waiting almost four months before taking action, needlessly putting millions of drivers and their families at risk of serious personal injury or even death. In a recent press statement NHTSA has also confirmed that it has obtained documentary evidence that proves Toyota knew of the potential defect as early as September 29, 2009 and waited until late January 2010 before issuing a recall for some 2.3 million Toyota and Lexus vehicles.

Posted by Seth A. Katz at 10:15 AM | Permalink | Comments (0) | TrackBacks (0)

A Nevada Clark County judge has ruled that former patients of the Endoscopy Center of Southern Nevada and the Desert Shadow Endoscopy Center who were not infected by Hepatitis C will not be able to go ahead with the class-action lawsuit filed against the centers. District Judge Allan Earl’s ruling upsets those who wanted to be a part of the suit because they endured weeks of anxiety waiting for test results. Both outpatient centers were using syringes and vials multiple times over the course of about four years. The centers may have infected more than 100 people. The ruling does not limit the uninfected former patients to file their own lawsuit against the endoscopy centers.

Posted by Seth A. Katz at 08:00 AM | Permalink | Comments (0) | TrackBacks (0)

Two previous lawsuits that have been filed against the company that employed the engineer in the deadly Metrolink crash near Los Angeles have been combined into one class-action lawsuit. Veolia Transportation is to be sued over labor policies for allegedly not giving employees proper rest breaks, overtime and other benefits. Since the September 12th deadly crash Veolia has been under scrutiny. Federal investigators are reviewing whether fatigue played a role in the collision. The diabetic engineer blamed for the collision was in the midst of a 10.5 hour split shift. Of 222 train passengers, 25 people were killed and 21 remain hospitalized. The Los Angeles Times researchers reported that the crash sent 86 people to hospitals in the San Fernando Valley, Westwood, Hollywood and Ventura County.

Posted by Kerry N. Jardine at 08:11 PM | Permalink | Comments (0) | TrackBacks (0)

A federal judge in North Dakota has given final approval to a $7 million settlement in a class-action lawsuit brought against Canadian Pacific Railway. The suit arose from a January 2002 derailment and chemical spill in that state, near Minot, that sent a deadly cloud over the area. The plaintiffs' attorney, Gordon Rudd, says checks could be in the mail by mid-November. The settlement, approved by U.S. District Judge Dan Hovland, does not affect people who have filed individual lawsuits against the railway. Canadian Pacific Railway attorney, Tim Thornton, said settling the class-action lawsuit "seemed like the appropriate thing to do'' and that the railway is "glad to have it resolved.''

Posted by Kerry N. Jardine at 04:11 PM | Permalink | Comments (0) | TrackBacks (0)

Less than a year after contaminated lettuce was blamed for making dozens of customers sick, Taco John's corporations in South Dakota and surrounding states are suing food suppliers for negligence. The class-action lawsuit, filed in federal court in Sioux Falls, seeks a jury trial and $5 million. The plaintiffs named are Taco John's corporations in Iowa, Minnesota, and North and South Dakota. Defendants are Bix Produce Company and Roma Food Enterprises. The cover sheet on the filing describes the cause of the action as "negligence in the handling of food." The U.S. District Judge agreed to seal the complaint, so little else about the initial filing is publicly available. It is unclear if the lawsuit is connected to last year's E. coli contamination, but The Associated Press reported in December that Taco John's International dropped Bix Produce as a supplier in the wake of that outbreak.

Posted by Kerry N. Jardine at 06:28 AM | Permalink | Comments (0) | TrackBacks (0)

According to an annual national ranking of state civil justice systems, California's class action law ranks 46th in the nation in fairness and reasonableness. The rankings were released by the U.S. Chamber of Commerce's Institute for Legal Reform. John H. Sullivan, president of the Civil Justice Association of California says, "Simply put, California has the fifth-worst class action law in the country and it's time for the Legislature to install balance and clarity and make this part of the civil justice system work for all Californians. Until the Legislature does, consumers will continue to pay for these lawsuits through higher prices of everyday goods and services." CJAC claims other states and Congress have passed reforms to improve their class action laws, yet California statutes have remained largely unchanged, giving neither judges nor lawyers clear guidelines for handing these cases. California is increasingly seen as a safe haven for opportunistic class action lawsuits, the group said.

Continue reading "California Susceptible to Class Action Lawsuits" »

Posted by Kerry N. Jardine at 09:45 PM | Permalink | Comments (0) | TrackBacks (0)

A class action lawsuit involving hundreds of Labrador City women who were exposed to tainted gynecological instruments appears to be resolved. The suit involved 327 women and was launched after they were told they would need to be tested for diseases such as HIV and hepatitis A and C. Lawyer Ches Crosbie says it's not certain that participants in the class action suit would have received more compensation. The women were informed in 2003 that they may have been exposed to infectious diseases while they underwent tests at the gynecological clinic at Capt. William Jackman Memorial Hospital in Labrador City. Brenda Rideout, a Labrador City resident who joined the action, said it's important for women to not be complacent about the care they receive. "We should make sure this kind of thing shouldn't happen," she said. "Just going and getting a simple test done isn't something where you should be putting yourself at risk for losing your life."

Continue reading "Labrador hospital to settle over use of unclean instruments" »

Posted by Kerry N. Jardine at 09:42 PM | Permalink | Comments (0) | TrackBacks (0)

The massive peanut butter recall brought hundreds of phone calls to a Fort Myers law firm. Now, a class action complaint has been filed with one of the firm's offices in Hendry County. However, it will represent people across the state. Hundreds of kids and adults are part of a statewide class action suit. Scott Weinstein, with the law firm of Morgan and Morgan, filed the complaint against peanut butter company ConAgra. "There are hundreds of individual files," said Weinstein. "If people can show they had medical expenses like going to the hospital or doctor because they had salmonella and a stomach problem, or prescriptions they needed to get, they need to be reimbursed."

Continue reading "Class action suit filed against peanut butter maker" »

Posted by Kerry N. Jardine at 08:57 PM | Permalink | Comments (0) | TrackBacks (0)