In light of the Consumer Financial Protection Bureau's proposal to ban arbitration clauses, U.S. District Judge Jed Rakoff recently denied Uber Technologies Inc.'s ("Uber" or the "Company") push for customers to arbitrate their claims with the Company.
The connotation of the word "natural" may be followed by images of flowers growing in a large field or a glacial waterfall rushing down a forest mountainside. So, naturally, consumers may be surprised to see synthetic ingredients such as Methylisothiazolinone or Benzisothiazolinone on their natural-labeled products. In fact, a class action lawsuit against Seventh Generation Inc. ("Seventh Generation" or the "Company") accused the Company of illegally misleading consumers by labeling its cleaning products as "natural," despite its use of synthetic preservatives.
Many consumers would be thrilled to find they get a free trial subscription for Sirius XM's ("Sirius") satellite radio with their car purchase. But once the free trial is over, many of those same customers who did not continue their subscription become less than pleased to receive phone calls from Sirius encouraging them to re-subscribe. At least, that is what happened to Francis W. Hooker Jr. ("Hooker"), who filed a class action on behalf of himself and others similarly-situated against Sirius for allegedly violating the Telephone Consumer Protection Act ("TCPA").
An investor, Tribhuwan Bisht, slapped Boeing with a putative class action lawsuit after being tipped off that Boeing had utilized dishonest accounting practices. Bischt caught wind of the practices through a media report documenting the alleged misbehavior. The tip came from Bloomberg Media's coverage of a possible SEC investigation into the 787 Dreamliner and 747 Jumbo's account.
In 2007, a lawsuit was filed against energy giant Edison International, alleging that the company violated the Employees Retirement Income Securities Act of 1974 (ERISA) by offering employees higher-priced retail class mutual funds as retirement plan investments when what were basically the same funds could be had under lower-cost institutional shares. The class action against Edison was brought on behalf of about 20,000 employees and retirees.
For decades Hollywood studios have found creative and controversial ways of dividing profits among industry professionals. One specific area where actors, writers and directors have taken issue is in the division of profits from home video revenue.
Legal claims are highly procedural and time-sensitive. To be successful, claims must be correctly processed and contain sufficient evidence to move the claim forward. The federal government and the states also have various statutes of limitations for different kinds of claims, and if you are party to a legal dispute, then your lawyer should be abreast of the relevant procedural requirements and statutes of limitations when advising you on your case.
Legal complaints continue to be filed in connection with defective ignition switches made by General Motors. The defective switches can cause cars to shut down suddenly, and 45 fatalities have been linked to the defects. The company has recalled about 2.6 million affected vehicles. Now, in addition to legal claims brought by families of the deceased, a class action lawsuit has been filed by GM investors.
A number of veteran litigators at Shepherd, Finkelman, Miller & Shah started out as labor attorneys. Since then, SFMS lawyers have represented a wide range of clients, including labor organizations, private employers, public employers, employee plaintiff groups and individual employees.
We recently discussed the nature of class action lawsuits and how they can provide a level playing field for plaintiffs who would otherwise not have the resources to take on a large corporation or other entity. "What is a class action and how is one started?" has more on that subject.