Shepherd, Finkelman, Miller & Shah, LLP
Shepherd, Finkelman, Miller & Shah, LLP
866-540-5505 877-891-9880

Dedicated Client Advocacy

Consumer Fraud Archives

Legal loophole allows faulty air bags back into salvage vehicles

We haven't heard very much in recent months about the federal government's largest auto product recall in history. It wasn't all that long ago that nearly every major news outlet had at least one headline offering up the latest bad news regarding Takata air bags. Age and the environment have not proven kind to certain models of these crash safety devices. As a result, many of them have come to be deadly defective products.

Proposed Class Demands Docs in Namenda Antitrust Suit

The high costs of health care is a major issue in the U.S., which was highlighted in 2015 when Turing Pharmaceuticals notoriously increased the price of the drug that is used as the standard of care for treating a life-threatening parasitic infection from $13 to $750 overnight. When drug companies monopolize a drug through patents, it makes it extremely hard to maintain affordable prices, which becomes particularly unjust when dealing with people's health. Luckily, antitrust laws can help remedy this effect of monopolized drugs.

Jury Awards Class $454 Million in Consumer Fraud Case

In order for the rule of law to be effective in society, the consequences of breaking the law must be large enough to deter offenders. In the criminal system, the punishment for crime can be anywhere from paying fines to the death penalty. On the other hand, the civil system mostly deals with monetary damages and injunctive relief, which includes changes in policies or other non-monetary remedies. When determining monetary damages, there are two key factors: actual damages that were lost by the plaintiff and punitive damages that are meant to punish the defendant.

Consumer fraud: Who is most vulnerable to investment scams?

When many people in Connecticut and elsewhere conjure up images of victims susceptible to investment and other types of securities fraud, they might reasonably picture an isolated elderly person who lacks financial acumen, keeps money stashed around the house and is eager to talk with anyone who might call on the phone.

Pharmaceutical Antitrust Suit Survives Motion to Dismiss

Recently pharmaceutical company Fresenius Kabi USA LLC ("Fresenius") accused Par Pharmaceutical Companies, Inc. ("Par") of abusing its monopoly on an anti-diuretic drug, which increases blood pressure in patients with vasodilatory shock, by increasing prices and preventing competitors from entering the market, which violates antitrust laws. On February 10, 2017, the U.S. District Court for the District of New Jersey allowed the case to proceed by denying Par's motion to dismiss.

Shored-up anti-scam bill seeking to protect seniors introduced

We all know that there is no dearth of con artists working hard in unscrupulous businesses and industries across the country, seeking to take the hard-earned money -- indeed, the life savings -- of victims who are not constantly on guard against consumer fraud.

Five Million Dollar Settlement for Johnson & Johnson Bedtime Products

The National Sleep Foundation recommends 14 to 17 hours of sleep for newborns, and 12 to 15 hours of sleep for infants. However, as many caretakers know, ensuring children achieve the optimal amount of sleep can be difficult. As a result, Johnson & Johnson Consumer Companies, Inc. ("Johnson & Johnson" or the "Company") created "J&J's Bedtime" line of baby products to help babies sleep. Unfortunately, many customers who bought J&J's Bedtime products were disappointed by the results.

ConAgra Class Certification Upheld in Ninth Circuit

When a group of people have a similar grievance relating to a product, consumer class actions are an incredible legal tool to recover losses. As a class, consumers have more leverage to hold companies accountable for their products, especially in instances where their individual losses are not enough to justify proceeding on their own. Rule 23 of the Federal Rules of Civil Procedure ("Rule 23") outlines the legal requirements to form a class. Class certification requires having a group that is numerous enough so that individual litigation is impractical, the group must have common questions of law or fact, typical claims, and the representative party must be able to fairly and adequately protect the interests of the class.