Legal News Article Excerpts
2010
May 6, 2010
Daily Journal, "Cities Get Boost in Claims Against Banks"
After treading water in court for more than a year, a dozen cities in California are poised to pounce on an array of investment and commercial banks that allegedly bilked taxpayers out of billions of dollars during a 10-year price-fixing conspiracy. More...
April 1, 2010
Commercial Appeal (TN), "Families sue over deaths of 2 DeSoto County girls"
The families of two DeSoto County girls killed nearly two years ago in an ATV accident have filed a lawsuit against the company that makes the all-terrain vehicle. Wednesday, Melissa and Richard Lee Bates, the parents of Emily Bates; and Aundria and Thomas Dilworth, the parents of Lauren Dilworth, filed a wrongful-death lawsuit against Yamaha Motor Corp. and Yamaha Motor Manufacturing Corp. of America. More...
March 25, 2010
Lieff Cabraser Attorneys Honored to Serve
Lieff Cabraser partners Fabrice N. Vincent and Elizabeth J. Cabraser have been respectively honored by prestigious professional associations. Mr. Vincent serves as a Subcommittee Chair for State Laws Subcommittee of the American Bar Association Section of Litigation. The Section of Litigation has recognized him as an Outstanding Subcommittee Chair for 2009-10. The award is given to attorneys for their dedication and hard work on behalf of the Section during the year. The ABA is the largest voluntary professional association in the world. It assists lawyers and judges in their work, and undertakes initiatives to improve the legal system for the public. The American Constitution Society has elected Ms. Cabraser to serve on its Board of Directors. The ACS works to uphold the fundamental principles of human dignity, individual rights and liberties, genuine equality, and access to justice.
March 17, 2010
The Margaret Brent Women Lawyers of Achievement Award, established by the American Bar Association Commission on Women in the Profession in 1991, recognizes and celebrates the accomplishments of women lawyers who have excelled in their field and have paved the way to success for other women lawyers. The award is regarded by many as the highest honor in the legal profession for female attorneys. The 2010 Margaret Brent awardees are Elizabeth Cabraser; Brooksley E. Born, retired partner at Arnold & Porter LLP; Willie Stevenson Glanton, former Iowa state legislator; M. Margaret McKeown, Judge, U.S. Court of Appeals for the Ninth Circuit; and Laura Stein, Senior VP General Counsel, The Clorox Company. The award ceremony will take place on August 8, 2010, during the ABA convention in San Francisco.
March 11, 2010
March 11, 2010, Los Angeles, CA -- Three separate families, from New York, Florida and Minnesota, filed lawsuits against Toyota Motor Corporation for the wrongful deaths of their loved ones. "The complaints charge that Toyota for years was aware that its vehicles were susceptible to sudden unintended acceleration, leading to fatal accidents," stated plaintiffs' counsel Robert J. Nelson. "Yet, Toyota never made any significant changes to improve the acceleration and electrical systems of its vehicles, in spite of the availability of safe and inexpensive modifications." Read about the Toyota recall accident litigation.
March 11, 2010
March 11, 2010, New York, NY -- Todd Lovelace and Christine Walker filed separate personal injury lawsuits against Zimmer Holdings, the nation’s largest producer of orthopedic devices. The complaints allege the plaintiffs were forced to undergo multiple surgeries and suffered debilitating injuries due to a defective artificial hip socket known as the Durom Cup, which was manufactured and sold by Zimmer. First on the U.S. market in 2006, the Durom Cup was implanted in 12,000 patients. Wendy R. Fleishman of Lieff Cabraser commented, "It is long past the time for Zimmer to formally recall the Durom Cup and take responsibility for the extreme pain and injuries its defective product has caused thousands of patients across America." Read about the Zimmer hip implant injury litigation.
March 11, 2010
Federal Court Rules Consumers' Claims Against Nation’s Leading Banks for Excessive Overdraft Fees May Proceed
March 11, 2010, Miami, FL -- U.S District Court Judge James Lawrence King denied motions by a number of the nation’s leading banks to derail federal lawsuits seeking to recover hundreds of millions of dollars in wrongful overdraft fees charged to consumers on debit card purchases. "The collection of excessive overdraft fees, usually around $35 per transaction, impacts millions of Americans each year," explained plaintiffs' counsel Michael W. Sobol of Lieff Cabraser. "While all bank customers have been affected, these overdraft fee policies hurt the financially vulnerable the hardest, often creating a domino effect, resulting in even more fees." Learn more about the bank overdraft litigation.
March 11, 2010
National Law Journal, "Plaintiffs Lawyers Jockey for Venue in Massive Toyota Litigation"
Plaintiffs lawyers have been positioning themselves for a front seat in the mounting litigation arising from the sudden unintended acceleration problems in vehicles manufactured by Toyota. Approximately 150 lawyers assembled on Friday at the InterContinental Chicago hotel to discuss sharing experts and legal strategies in the Toyota litigation, which now exceeds 80 lawsuits. More...
March 6, 2010
Daughter of Toyota Victim Rendered Quadriplegic Speaks Out
Two years ago, Chin Lin was driving his 2005 Toyota Camry on Interstate 5 in California. With him was his wife Pei-Yen Cheng and daughter Jessica Lin. Each were wearing their seatbelts. The Camry pulled slightly to the left, so Mr. Lin straightened it out, then quite suddenly, the vehicle shot off like an arrow. The brakes failed and Mr. Lin lost control as the vehicle crossed to the right side of the highway, and went off the side of the highway. The Camry rolled over several times and landed upside-down on its hood. Mr. Lin suffered grievous injuries, including fractured vertebrae in his cervical spine, rendering him quadriplegic. His daughter Jessica explains how the accident occurred and the impact it has had on her father.
March 5, 2010
California Lawyer Magazine Awards Robert J. Nelson 2010 CLAY Award
The California Lawyer Attorneys of the Year (CLAY) Awards recognize lawyers throughout the state whose legal work made a profound impact the preceding year. This year's recipients include Lieff Cabraser's Robert J. Nelson and his co-counsel for obtaining a $78.5 million whistleblower settlement, believed to be among the largest in the history of the federal False Claims Act in a case in which the U.S. Department of Justice did not intervene. The complaint alleged the nation's largest for-profit university had defrauded the Department by obtaining billions in federal student loans and Pell Grants while making improper incentive payments to admissions recruiters based on the number of students they signed. Mr. Nelson was Lead Trial Counsel for the plaintiff team.
March 4, 2010
FDA Issues Warnings for Health Claims Made by Food Manufacturers
In a nationwide crackdown on misleading and questionable claims on food packages and company websites, the U.S. Food and Drug Administration has issued warning letters to seventeen food manufacturers across America. The agency accused the companies of pumping up the nutritional claims of their products without medical evidence or masking contents like unhealthy fats. Among the products cited by the FDA are walnuts from Diamond Foods, Pom Wonderful Juice, and Nestlé Juicy Juice products.
March 1, 2010
Direct Purchasers Seek Reversal of Dismissal of Claims that CITGO is Liable Under U.S. Antitrust Laws for Price Fixing in Connection with OPEC Cartel
Direct purchasers of gasoline and other petroleum-based products from CITGO Petroleum Corporation argued before the U.S. Court of Appeals for Fifth Circuit that CITGO is an American corporation and liable under federal antitrust laws for becoming a member and instrument of the OPEC, participating in the cartel's conspiracy to fix oil prices globally. Lieff Cabraser sought reversal of the district court's decision dismissing the case under the Act of State Doctrine. Lieff Cabraser serves as co-counsel for the plaintiffs and appellants. Learn more about the CITGO antitrust class action lawsuit.
March 1, 2010
Robert J. Nelson Speaks at Roundtable on Products Liability Law
In a roundtable discussion sponsored by California Lawyer magazine, Lieff Cabraser attorney Robert J. Nelson argued that the U.S. Supreme Court in Wyeth v. Levine, 129 S.Ct. 1187 (2009) "loudly and strongly affirmed the notion that preemption is a doctrine that should rarely be used, and in fact, courts should be counseled against its use." The panel reviewed other recent, notable federal and California cases in products liability law. Read the roundtable discussion here.
February 24, 2010
Newsday, "Automaker sued over fatal crash"
The family of a Long Island woman who died in a 2007 crash has filed a wrongful-death lawsuit contending that the problem of unexpected acceleration could affect all Toyotas built since 2002. Tyrene Livingston, 21, of Roosevelt, was killed in October 2007 when her Toyota Yaris - a model not affected by recall notices - went out of control across four lanes of U.S. Route 30 in East Pittsburgh, Pa., and into some woods. More...
February 22, 2010
Court Rules Consumers' Fraud and Racketeering Claims May Go Forward Against National Arbitration Forum and Its Owners
U.S. District Court Judge Paul A. Magnuson denied in large part motions to dismiss a class action lawsuit filed by consumers against the National Arbitration Forum, Inc. ("NAF"), and several entities that own NAF, alleging fraud and racketeering activity. The plaintiffs, consumers whose debt disputes were submitted to binding arbitration before the NAF, allege NAF conducted sham arbitrations that resulted in rulings in favor of creditors. Read the Court's order.
February 22, 2010
National Public Radio, "Toyota Seen Facing Multiple Lawsuits"
It's not just Congress, regulators or consumers who are taking aim at Toyota these days. Lawyers are joining the fray, with the number of lawsuits filed against the world's largest automaker climbing daily. Toyota has already recalled more than 8.5 million vehicles because of unintended acceleration and braking problems. Now, the company and the U.S. government are looking into steering complaints involving its popular Corolla compact. More...
February 21, 2010
Toyota Boosted Profits by $100 Million by Limiting Safety Recall
The Detroit News reports that a document turned over to congressional investigators shows Toyota officials bragged in July 2009 about avoiding a costly whole-scale recall in 2007 of its vehicles due to sudden acceleration complaints. Instead, a limited recall of floor mats of 55,000 Camry and Lexis vehicles occurred, which was estimated to have saved Toyota more than $100 million compared to a wider recall. Less than a month after the document was written, a California Highway Patrol officer and three others died in an accident attributed to unintended acceleration when the accelerator pedal got stuck in the floor mat. Learn more about Toyota sudden acceleration accidents.
February 20, 2010
New York Times Reports Diabetes Drug Avandia Linked to Hundreds of Fatal Heart Attacks
The New York Times reports that hundreds of people taking Avandia, a prescription drug used to treat Type 2 diabetes, needlessly suffer heart attacks and heart failure each month, according to confidential government reports that recommend the drug be removed from the market. If every diabetic now taking Avandia were instead given a similar pill named Actos, the article states, about 500 heart attacks and 300 cases of heart failure per month would be averted because Avandia can hurt the heart. Learn more about Avandia side effects and legal resources for injured patients.
February 12, 2010
Widow Files Personal Injury and Wrongful Death Lawsuit Against Toyota
Jacquelyn Donoghue filed a lawsuit in Federal court against Toyota Motor Corporation seeking compensation for injuries to herself and for the death of her husband in a sudden unintended acceleration accident. "Millions of Toyota vehicles were not equipped with a safety feature, known as 'brake-to-idle' override, that enables drivers to override the electronic throttle and control the vehicle in the event of a sudden unintended acceleration," stated attorney Robert J. Nelson. "This safety feature is used by other automotive manufacturers. Toyota’s failure to incorporate it, the complaint alleges, in the Prius driven by Jacquelyn Donoghue played a direct role in the death of her husband John Donoghue." Learn more about Toyota sudden acceleration accidents and lawsuits.
February 10, 2010
Mother Charges Yaz Birth Control Pill Killed Her Daughter
In a report by the CBS affiliate TV station in Nashville, Tennessee, Traci Mayfield spoke of her love for her 20-year old daughter Leah, "We were more than mother/daughter, we were best friends. She blossomed into a beautiful young lady [in college]." In January 2010, Leah was rushed to the hospital after passing out in the shower. Less than an hour later she was dead. The official cause of death was a pulmonary embolism (a blood clot in the lungs). At the emergency room, a doctor informed Traci Mayfield that Yaz, a prescription birth control pill Leah had been taking, could have caused the blood clot. Represented by Lieff Cabraser, Traci Mayfield has filed a lawsuit against Bayer, the manufacturer of Yaz, for death of her daughter and is warning others of the dangers of Yaz. Watch the news report.
February 5, 2010
Appellate Court Rules Dell Must Defend Suit Alleging Defective Notebooks
The United States Court of Appeal for the Ninth Circuit reinstated a class action lawsuit filed by California consumers accusing Dell, Inc. of selling defective Inspiron notebook computers. The unanimous decision reversed an order of the federal district court dismissing the case. The appellate court found that the provision of Dell's sales contract compelling the individual arbitration of claims against Dell was unenforceable because the value of each defective notebook was insufficient for consumers to pursue their claims individually. Learn more about the Dell Inspiron class action lawsuit.
February 5, 2010
Reuters, "Dell Must Defend Suit Alleging Defective Notebooks"
A federal appeals court reinstated on Friday a proposed class-action lawsuit accusing Dell Inc of selling defective notebook computers. A panel of the U.S. Ninth Circuit Court of Appeals in San Francisco reversed a federal district court's 2008 dismissal of the case against the third-largest personal computer maker. More...
February 2, 2010
Class Action Lawsuit Seeks Overtime Pay for AT&T Technical Support Workers
A former AT&T technical support worker filed a class action lawsuit charging that AT&T Inc. has a common practice of misclassifying its technical support workers as exempt and failing to pay them for all overtime hours worked. AT&T's technical support workers, who work in titles such as Technician, Technical Architect, Technical Consultant, Network Engineer, IT Analyst, Maintenance Administrator, Project Manager, Program Manager, and Business Manager of IT, among others, are responsible for installing, maintaining, and/or supporting computer software and/or hardware. The lawsuit alleges that these workers were unlawfully denied overtime pay. Learn more about the AT&T overtime pay class action lawsuit.
February 2, 2010
Consumer Files Class Action Lawsuit Against Sallie Mae for Intrusive Autodialer Calls to Borrowers' Cell Phones
A Seattle resident filed a nationwide class action lawsuit against Sallie Mae over alleged unauthorized autodialer calls to the cell phones of borrowers who took out student loans with the national lender. "Nobody should be subjected to repeated, intrusive autodialer calls at all hours from their lender, especially on their cell phones," commented Jonathan D. Selbin of Lieff Cabraser. "We hope today’s lawsuit brings some relief to borrowers who have enough to worry about these days without receiving harassing calls like these." Learn more about the Sallie Mae class action lawsuit.
February 1, 2010
Michael W. Sobol Speaks On Class Action Law
On January 28, 2010, the Consumer Attorneys of California College of Trial Arts San Francisco Trial Lawyers Association, hosted the Fourth Annual Class Action Seminar. The much-anticipated yearly seminar provides a forum for class action practitioners to catch up on recent developments in the law and learn about new ideas in the prosecution and trial of class actions. Speaking on the seminar's panel was Lieff Cabraser's Michael Sobol.
January 22, 2010
Elizabeth J. Cabraser and Steven E. Fineman Speak at ACS Symposium
On Jan. 21, 2010, the American Constitution Society (ACS) hosted a symposium on Access to Justice in Federal Courts at New York University School of Law. The symposium focused on recent U.S Supreme Court decisions that have curtailed access to federal courts and limited the types of claims and relief that plaintiffs can pursue. Participating in the panel discussions were Lieff Cabraser's Elizabeth J. Cabraser and Steven E. Fineman. Click here to watch a recording of the symposium.
January 4, 2010
Lieff Cabraser Named One of the Top Employment Plaintiffs Firms of the Year
The legal publication Law360 selected eight law firms in the U.S. as its top employment plaintiffs firms of 2009, including Lieff Cabraser. Law360 highlighted the firm's work on behalf of employees at Wal-Mart Stores Inc.'s Washington state stores, settling a suit claiming the retailer forced its workers to skip meal breaks and work overtime without pay. The settlement covers as many as 88,000 employees at 50 Washington Wal-Mart and Sam's Club stores and requires Wal-Mart to implement new technologies to ensure compliance with wage-and-hour laws. "We're really pleased with the year we've had and the diversity of types of employees we've been able to help," stated Lieff Cabraser partner Rachel Geman.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last seven years, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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