Lieff Cabraser Consumer Law Newsletter
Issue #16, December 2004

Top News

Widely Prescribed Pain Medication Vioxx Recalled

Settlement of Employment Discrimination Suit Against Abercrombie & Fitch Announced

Wal-Mart Workers In Washington State Seek Their Full, Earned Wages

Nextel Customers in California Allege Company's Billing Plan Is Deceptive

Consumer Protection Settlement For Toshiba Notebook Owners Announced

Hilton Hotels Charged With Imposing Excessive Telephone Fees

Complaints Reported Concerning Maytag, Jenn-Air, Hoover, Magic Chef and Admiral Ovens

Bar Association of San Francisco Installs James M. Finberg As President

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Introduction

Top News

Widely Prescribed Pain Medication Vioxx Recalled

          On September 30, 2004, the international prescription drug company Merck announced the recall of its arthritis and pain medication Rofecoxib, sold under the brand name Vioxx, because a study showed an increased risk of heart attack and stroke.

          The study that led to the recall of Vioxx showed that patients regularly taking Vioxx faced twice the risk of a heart attack compared to patients not taking Vioxx. Vioxx users with a history of cardiovascular issues were at a five-fold increased risk.

          In lawsuits filed against Merck by Lieff Cabraser and co-counsel, patients allege that Merck advertised Vioxx as safe for adults, had fewer side-effects and adverse reactions than other pain relief medications and would not interfere with daily life. Plaintiffs charge that Merck misrepresented the safety of Vioxx as Merck knew the drug caused serious medical problems.

          To learn more about the Vioxx lawsuits, please visit http://www.vioxxlegalresources.com.

Settlement of Employment Discrimination Suit Against Abercrombie & Fitch Announced

          On November 16, 2004, U.S. District Court Judge Susan Illston granted preliminary approval to a class action settlement in the case of Gonzalez v. Abercrombie & Fitch.

          The settlement requires the retail clothing giant to pay $40 million to Latino, African-American, Asian-American and female applicants and employees who charged the company with discrimination. The settlement also requires the company to institute a range of policies and programs to promote diversity among its workforce and to prevent discrimination based on race or gender.

          To learn more about the settlement, please visit http://www.afjustice.com.

          The 53,000 Washington residents who have worked for Wal-Mart can sue the retail giant as a class over working conditions. On October 6, 2004, King County Superior Court Judge Terry Lukens certified a class of current and former hourly workers at Wal-Mart, Sam's Club or Supercenter stores between 1995 and the present. Plaintiffs allege that Wal-Mart systematically forces employees to work off-the-clock and through lunch and rest breaks.

          Eligible workers are automatically included in the newly certified class and will receive letters in about a month notifying them of the litigation. Lieff Cabraser serves as Co-Lead Counsel in the Washington Wal-Mart litigation.

           To learn more about this case and to contact a Lieff Cabraser attorney, please visit http://www.lieffcabraser.com/wal-mart.htm.

Nextel Customers in California Allege Company's Billing Plan Is Deceptive

          Lieff Cabraser is representing California consumers in a class action lawsuit against Nextel Communications, Inc. alleging unfair, unlawful and deceptive business practices.

          Plaintiff Galit Strugano, a Nextel wireless customer, alleges that Nextel offered her and other customers a billing plan that would round up airtime calls to the next second, instead of the next minute. Subsequently, plaintiff alleges, Nextel unilaterally changed the terms of its service plan with plaintiff and class members by imposing a new service fee of $1.15 per month and rounding calls up to the next minute, rather than the next second as promised.

          Nextel wireless customers in California that have similar complaints are welcome to contact Lieff Cabraser to report their experiences.

Consumer Protection Settlement For Toshiba Notebook Owners Announced

          On October 21, 2004, Lieff Cabraser announced that it had negotiated a settlement with Toshiba America Information Systems, Inc. to provide relief for owners of certain Toshiba Notebook computers with screens that tend to flicker or dim.

          The relief includes a cash refund for those who had the problem fixed by Toshiba or a Toshiba authorized dealer, and an extension of the warranty for the computers subject to the settlement.

          For more detailed information on the settlement, please visit http://www.lieffcabraser.com/notebook-flicker.htm.

Hilton Hotels Charged With Imposing Excessive Telephone Fees

          In a complaint filed in California state court, it is alleged that Hilton Hotels substantially marks up the cost of long-distance calling for hotel guests, and, in violation of California law, fails to notify customers of these charges.

          The complaint alleges that Hilton buys service from telephone companies at wholesale prices, and then marks up the service before reselling it to customers. In 1997, the California legislature passed a law which requires nonpublic utility providers of telephone services, such as Hilton, to "display or post on or near the telephone equipment so as to be easily seen by telephone users … the charges applicable to all of the available telephone services."

          Guests of Hilton who would like to submit their complaints concerning telephone fees should contact Lieff Cabraser attorney Barry R. Himmelstein at bhimmelstein@lchb.com.

Complaints Reported Concerning Maytag, Jenn-Air, Hoover, Magic Chef and Admiral Ovens

          Lieff Cabraser is investigating complaints by owners of Maytag, Jenn-Air, Hoover, Magic Chef and Admiral ovens. It has been alleged that defects in the control panels of certain of these ovens have forced homeowners to replace the panels at their own expense.

           If you own a Maytag, Jenn-Air, Hoover, Magic Chef or Admiral oven and have had to replace or repair the control panel, please feel free to submit your complaint to Lieff Cabraser attorney Kristen E. Law at klaw@lchb.com.

About Lieff Cabraser Heimann & Bernstein, LLP

          Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP, is a national plaintiffs' law firm with offices in San Francisco, New York and Nashville.

          We represent consumers in consumer protection cases; patients in cases involving dangerous or defective products; employees subjected to discrimination and unlawful labor practices; shareholders, institutional investors and public entities in securities and financial fraud litigation; homeowners and others exposed to environmental contamination and toxic substances; and consumers, businesses and public entities alleging antitrust violations by large corporations.

          We can be reached on the internet at http://www.lieffcabraser.com or by mail to Lieff Cabraser Heimann & Bernstein, LLP, 275 Battery Street, 30th Floor, San Francisco, CA 94111-3339.

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