Lieff Cabraser Consumer Law Newsletter

Lieff Cabraser Civil Justice Newsletter

Issue #19, June 2006

Top News

Lawsuit Filed Against Bausch & Lomb For Infection From Contact Lens Solution

On May 25, 2006, Connecticut resident Martin Rivera filed a personal injury lawsuit against Bausch & Lomb for having suffered permanent vision loss following the use of ReNu with MoistureLoc contact lens solution.

Rivera developed Fusarium keratitis, a serious fungal eye infection, and suffered significant vision loss in his right eye in January 2006 after using ReNu with MoistureLoc. The infection quickly became so serious that Rivera was forced to undergo painful corneal transplant surgery to his right eye in February 2006 in an attempt to save his remaining sight in that eye. While the surgery was successful, Rivera has been left with permanent vision loss and remains at risk for serious eye injuries in the future.

Clusters of Fusarium keratitis cases associated with the use of Bausch & Lomb's ReNu with MoistureLoc product were reported in November 2005 in several parts of Asia, including Singapore and Hong Kong. On April 9, 2006, the U.S. Centers for Disease Control announced it was investigating a multi-state outbreak of over 100 cases of Fusarium keratitis. As of May 12, 2006, the CDC had received reports of 122 confirmed cases, 15 possible cases and 60 cases still under investigation.

"Bausch & Lomb has not yet acknowledged its responsibilities to injured consumers," stated Wendy R. Fleishman, the Lieff Cabraser attorney representing Mr. Rivera. "Bausch & Lomb must compensate all users of ReNu contact lens solution who developed Fusarium keratitis, including reimbursing patients for the cost of their surgeries and other expenses, and agree to pay for necessary future medical care."

Learn more about the Bausch & Lomb ReNu solution recall and litigation.

Canned Tuna and Risk of Fetal Exposure to Mercury

Mercury is a toxic metal that can cause severe neurological problems in children and adults. Mercury contamination is especially dangerous for women of child-bearing age as mercury exposure can also damage a fetus.

Tuna has been the subject of recent public concern due to the presence of mercury. Recent news reports have revealed high levels of mercury in many types of tuna and contradict official statements by the U.S. government on the safety of tuna.

On June 6, 2006, officials at Consumers Union, publisher of Consumer Reports magazine, said they decided to recommend a tuna-free diet for pregnant women based on a Chicago Tribune investigative series on mercury in fish and the latest testing by the Food and Drug Administration. The Chicago Tribune reported in 2005 that about 15 percent of canned light tuna -- the kind of tuna touted by the FDA as a low-mercury option -- is made with a species that often contains high amounts of the toxic metal.

It is unclear if a single meal of high-mercury seafood could damage a fetus. Consumers Union, though, concluded that enough experts think the developing brain is so sensitive to mercury that caution should prevail.

Lieff Cabraser represents adult and child victims of mercury poisoning from tuna. Learn more about the danger of high mercury levels in tuna.

Unlawful Kickbacks to Major California Real Estate Brokerages Alleged

Lieff Cabraser is investigating claims that major real estate brokerages in California, including Coldwell Banker, Century 21, ERA, Intero, Lyon, Prudential California Realty and Re/Max of California and Hawaii, received indirect kickbacks of real estate closing costs paid by sellers of residential property, in violation of federal law.

If you sold a home in California within the last year and used any of these brokerages, please visit www.lieffcabraser.com/broker-complaints.htm to learn how you can advance the rights of property owners and obtain a free, no-obligation review of your claim.

Employees Charge McCormick & Schmick’s Restaurants with Race Discrimination

McCormick & Schmick’s Seafood Restaurants, Inc., a group of 61 upscale restaurants across the nation, has been charged with violating federal and state laws against race discrimination.

In a class action lawsuit, African-American job applicants and current employees of the restaurant chain, including Spenger’s Fresh Fish Grotto in Berkeley, California, allege the restaurants fail to hire qualified African Americans and instead favor white job applicants and employees in an effort to present a "white image" to the public.

"McCormick & Schmick's touts 'We are in the business of People -- our employees and our guests.' But the company fails to live up to the promise of treating all employees equally and fairly," said Bill Lann Lee, a partner at Lieff Cabraser and former Assistant Attorney General for Civil Rights in the U.S. Department of Justice. "McCormick & Schmick's uses racial stereotypes to deny job opportunities and promotions to thousands of qualified African-American applicants and employees."

Learn more...

Risk of Blood Clots and Stroke With Ortho Evra Birth Control Patch Explained

The Ortho Evra contraceptive patch releases estrogen through the skin into the bloodstream. Using the patch, women are exposed to higher levels of estrogen than those found in most birth control pills.

Since its introduction to the market in 2002, over ten million prescriptions have been written for the birth control patch under the brand name Ortho Evra. In 2004, there were 9,677 reports of adverse effects from Ortho Evra birth control patch. Among the side effects reported have been debilitating strokes, leaving some users almost completely paralyzed.

It has long been known that estrogen can increase the risk of blood clots and strokes (thrombosis). However, Ortho-McNeil, the manufacturer of the Ortho Evra birth control patch, has previously asserted that the patch and the pill carry roughly the same risks. In November 2005, Ortho McNeil changed its warning label to say that increased estrogen exposure may increase the risk of adverse events.

Lieff Cabraser represents individuals and the families of individuals across America who have suffered severe injuries after use of the Ortho Evra birth control patch. To learn more about the case against the Ortho Evra, please visit www.orthoevrasideeffectslawsuit.com

Lawsuit Filed in NSA Wiretapping Privacy Violations Case

On May 30, 2006, two subscribers of AT&T phone service filed suit against the company for secretly providing private customer telephone call records to the federal government without a court-authorized warrant or subpoena.

The nationwide class action lawsuit comes a few weeks after USA Today reported that, following the 2001 terrorist attacks, AT&T, Verizon, and Bell South secretly provided records on tens of millions of customer phone calls to the National Security Agency (NSA).

Represented by Lieff Cabraser, the plaintiffs allege AT&T violated federal law and that plaintiffs and the class are entitled to damages. Learn more...

Caterpillar Retirees Sue to Maintain Full Healthcare Benefits

On March 31, 2006, retirees of Caterpillar, Inc., filed a class action lawsuit against the company in federal court in Nashville, Tennessee, to preserve the free, lifetime health care coverage promised them under collective bargaining agreements.

"Workers at Caterpillar made the company into the world's leading manufacturer of construction and mining equipment and were assured free lifetime healthcare coverage," commented plaintiffs' counsel Elizabeth Alexander of Lieff Cabraser. "Caterpillar should not charge them for any portion of their health care coverage through deductions from their pension benefits."

Learn more about the Caterpillar Retirees Health Benefits case.

Families of Victims of Helios Flight 522 File Lawsuit Against Boeing In U.S. Court

On February 22, 2006, families of victims of the crash of Helios Flight 522 filed a lawsuit against The Boeing Company in United States District Court in Chicago, Illinois.

One hundred and fifteen passengers and six crew members died on August 14, 2005, when the Boeing 737-200 apparently flew without cabin pressure and then crashed north of Athens, Greece.

Plaintiffs are represented by Lieff Cabraser Heimann & Bernstein, LLP, in cooperation with the Cyprus law firm Phoebus, Christos Clerides, N. Pirilides & Associates.

The complaint alleges that a series of design defects in the Boeing 737-300 led to the pilots' failure to understand the nature of the problems they were facing. Foremost among these was that the pressurization warning "horn" on the Boeing 737-300 emits the same sound used to alert pilots about improper takeoff and landing configurations.

The pilots' confusion was compounded by the fact that the very danger they were being warned of -- low cabin air pressure -- impairs cognitive functions. "If you are warning about a dangerous condition that impairs a pilot’s ability to think, it is common sense that you make that warning as clear as possible, and Boeing did not do that," commented Robert L. Lieff.

Learn more...

Court Grants Final Approval of Settlement of Toshiba Notebook Class Action

On March 17, 2006, The California Superior Court granted final approval to a settlement of a class action by consumers who purchased or acquired Toshiba Satellite Pro 6100 Series notebook computers in the United States.

Consumers charged the notebooks were defective. The settlement provides for new warranties for class members.

Learn more...

Landmark Tech Worker Overtime Pay Class Action Lawsuit Against IBM Expands

On March 14, 2006, counsel filed an amended complaint in the nationwide overtime pay class action lawsuit against International Business Machines Corporation. The suit has expanded to include claims under Colorado, Illinois, Minnesota and New Jersey state law. The suit already included claims for overtime compensation under federal law for all workers in the United States as well as California and New York state law claims.

The growing group of named plaintiffs, seeking to represent tens of thousands of other current and former technical support workers, charges the computer giant with failure to properly pay overtime wages. Claims under other states’ laws may be added in the future.

IBM employs more than 300,000 workers; the proposed class includes tens of thousand of systems administrators, network technicians and other technical staff throughout the United States.

Sierra Club Documentary Profiles Ongoing Impact of Exxon Valdez Disaster

In "The Day the Water Died," Sierra Club TV profiles one of the worst environmental disasters of our time. On March 24, 1989, eleven million gallons of oil spilled into the Prince William Sound, destroying a complex and delicate ecosystem which has yet to fully recover.

Twelve years after a jury awarded $5 billion in punitive damages against Exxon for more than 33,000 commercial fishers, food processors and Alaska natives, Exxon is still appealing the court-ordered punitive damages award. To view this documentary, click here.

To learn more about the Exxon Valdez lawsuit, click here.

Class Action Lawsuit Filed Against Tata America International Corporation

Class Action Lawsuit Filed Against Tata America International Corporation On February 14, 2006, Gopi Vedachalam, an employee of Tata America International Corporation, filed a nationwide class action lawsuit in U.S. District Court in San Francisco against Tata America International Corporation and its parent corporations. The suit charges that Tata, one of India's largest conglomerates, has unjustly enriched itself by requiring all of its non-U.S.-citizen employees to endorse and sign over their federal and state tax refund checks to Tata.

"Tata's employees from India and other countries working legally in the United States, including thousands of technical support personnel and project managers, work hard to see that the American corporations they support and Tata are profitable," stated Lieff Cabraser partner Steven M. Tindall. "These workers are entitled to any amount of taxes they overpaid federal and state tax agencies."

Learn more...

Best Buy Accused of Excluding Women and Minorities From Top-Paying Jobs

Six current and former employees of Best Buy filed a class action civil rights lawsuit in federal court in San Francisco, charging the electronics chain discriminates against women and minorities, specifically African Americans and Latinos, in hiring, promotions, job assignments and compensation.

"Qualified women and minority applicants are turned away," charged plaintiffs' attorney Bill Lann Lee, "and even when the company does hire them, it generally does not permit them to work on the sales floor -- the pathway to promotion."

For more information, visit www.bbdiscrimination.com

Lieff Cabraser 2006 Awards & Attorney Honors

On January 3, 2006, Business Tennessee selected Lieff Cabraser's Kathryn E. Barnett as one of 150 "Best Lawyers in Tennessee."

On January 26, 2006, the Daily Journal selected Lieff Cabraser partner Kelly M. Dermody as one of the "Top 20 under 40" lawyers in California.

On February 2, 2006, Appleseed, one of the largest pro bono networks across America, honored William Bernstein at their 2006 "A Bridge to the Future" event.

On February 13, 2006, Best Lawyers in America named Lieff Cabraser partners Elizabeth J. Cabraser and Steven E. Fineman to its 2006 edition of the top lawyers nationwide.

Lastly, in its annual review of the Top 75 Women Litigators in California, the Daily Journal again recognized Elizabeth J. Cabraser as among the state's most prominent female litigators.

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 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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