News

Newsday, "GOL Airline Crash Lawsuit Update"

Long Island pilots Joseph Lepore and Jan Paladino may be home for the holidays, but the investigations and litigation set in motion by the midair collision in Brazil will be continuing into the new year and possibly beyond. More...

Homeowners Allege Carrier Corporation Concealed Significant Defects In Furnaces

December 20, 2006, Detroit, MI-- Homeowners in Michigan filed a class action lawsuit against Carrier Corporation, the manufacturer of Carrier and Bryant condensing furnaces (also marketed under the brand names “Day & Night” and “Payne”). The homeowners allege that beginning in the mid-1980s, Carrier started manufacturing its high-end furnaces out of inferior material that corrodes and prematurely fails, without disclosing that fact to consumers. Similar suits have been filed earlier by homeowners in Washington, Wisconsin and Ontario. Learn more...

December 12, 2006, San Francisco, CA -- California Superior Court Judge David W. Abbott granted final approval today to a class action settlement resolving claims regarding pricing and collection practices for uninsured patients at all of Sutter Health's affiliate hospitals. This groundbreaking case has resulted in an estimated $276 million in refunds or bill reductions for uninsured patients. Learn more...

Leading Alaska Newspaper Compliments State Attorney General

December 9, 2006, Anchorage, AK -- In an editorial entitled, “Good Work: State Collects Big In Fraud Case,” the Anchorage Daily News praised the Alaska Attorney General’s office for its successful work in a securities fraud lawsuit against America Online and Time Warner, Inc. “Working with an outside law firm that specializes in such cases, the state settled for $50 million on its original $70 million claim – a good day’s work in such cases.” Lieff Cabraser served as the outside counsel for the Alaska Attorney General. Read the editorial... [pdf format]

Business Week, "Alaska settles with AOL, Time Warner"

The state of Alaska has settled a securities fraud case for $50 million against America Online, Inc., Time Warner Inc. and Historic TW Inc. The state filed the lawsuit in 2004 in Juneau Superior Court, claiming that the companies misrepresented advertising revenues and growth of AOL and AOLTW, along with the number of AOL subscribers. More...

Associated Press, "Paxil Birth Defect Lawsuit: Families Suing maker of Paxil over Infant Deaths"

The maker of the antidepressant Paxil has been hit with five new lawsuits claiming the drug caused heart defects with serious health consequences. The suits charge that use of the drug by pregnant women led to heart defects in their children. The suits also allege that the birth defects led to the deaths of three children, and have seriously impaired the health of two others. More...

Five female financial advisors filed an amended class action lawsuit today in federal court charging sex discrimination at Smith Barney, the retail brokerage arm of Citigroup, which is the nation's largest financial institution. The additional plaintiffs are from Southern California and Florida. "Two more women, from two more Smith Barney branches, have come forward to join the class action gender discrimination lawsuit against the company," stated Lieff Cabraser partner Kelly M. Dermody. "Their stories confirm the allegations of the complaint that female financial advisors are not treated fairly and are denied compensation at Smith Barney branches from coast to coast." Learn more...

New York, NY -- Family members of an additional eleven passengers on Gol Airlines Flight 1907 who were killed after the aircraft collided with a plane owned and operated by ExcelAire Service joined an earlier federal court lawsuit filed by families members of ten passengers against ExcelAire and Honeywell International. Lieff Cabraser is spearheading the litigation in the United States arising out of the September 29, 2006, collision which the Gol Airlines aircraft plunging nose-first into the Amazon rainforest. Learn more...

Associated Press, "IBM Settles Overtime Lawsuit for $65M"

International Business Machines Corp. settled a federal class-action lawsuit Wednesday, agreeing to pay a total of $65 million to 32,000 technology workers who claimed the company illegally withheld overtime pay. More...

Newsday, "Investigators look to see if pilots in Brazil crash made mistake in using critical device as new lawsuit is filed"

While air traffic control errors seem to be growing more likely as the primary cause for the Sept. 29 midair collision in Brazil that killed 154, the radio management unit, or RMU, is under scrutiny from Brazilian and American investigators, according to aviation experts. The RMU is a rectangular electronic console that pilots on larger aircraft use to program critical navigation and communication equipment. More...

Five companies that purchased gasoline, motor oil and other oil-based products directly from CITGO Petroleum Inc. charged in a class action lawsuit that CITGO has been a willing participant in price-fixing schemes by the Organization of Petroleum Exporting Countries. CITGO is a wholly owned unit of Caracas-based Petroleos de Venezuela, the state oil company of Venezuela, which is a leading member of OPEC. The five company plaintiffs claim they were overcharged by CITGO and seek triple damages under U.S. antitrust law. Learn more...

Associated Press, "Lawyers for Brazil air crash victims file suit in U.S."

American attorneys representing the families of victims in Brazil's worst air disaster filed suit in a U.S. federal court Monday against ExcelAire Service Inc. and Honeywell International Inc. alleging negligence. More...

Learn more about the crash of Gol Airlines Flight 1907 and lawsuits filed by the families of victims of the accident.

Associated Press, "Government Probing Reports of Engine Fires "

The government has opened an investigation into some Ford Escape and Mazda Tribute sport utility vehicles after receiving complaints of engine compartment fires, Ford Motor Co. said Friday. More...

San Francisco Chronicle, "Ortho Evra weekly birth control patch target of lawsuit"

The maker and distributor of a widely used once-a-week birth control patch were the targets of lawsuits filed Wednesday in San Francisco by the mother of a 25-year-old woman who died after using the patch and by 44 other women who blame the device for blood clots and other illnesses. More...

Federal Court Appoints Lieff Cabraser Lead Counsel in Broadcom Stock Options Backdating Case

U.S. District Court Judge Manuel Real appointed Lieff Cabraser Lead Counsel in a stockholders’ derivative action against the board of directors of Broadcom Corporation. The suit alleges defendants intentionally manipulated their stock option grant dates between 1997 and at least the end of 2002 in order to enrich themselves at the expense of Broadcom and Broadcom shareholders. Learn more...

San Francisco Chronicle, "Class Action Lawsuits: They pay but deny any guilt"

What is the primary function of a class-action lawsuit? If it's to punish a company monetarily for an alleged misdeed, then the system seems to be working fairly well, considering the hundreds of millions of dollars handed out in settlements each year. More...

Associated Press, "Carrier Corp. Faces Class Action Suits"

Homeowners in Ontario and Wisconsin have filed separate class-action suits against Carrier Corp., seeking compensation for corrosion in furnaces sold since the mid-1980s under the Carrier, Bryant, Day & Night, or Payne brand names. More...

In its annual list of the premier plaintiffs' law firms in the United States, the National Law Journal recognized Lieff Cabraser. Lieff Cabraser was also a member of the National Law Journal's Plaintiffs' "Hot List" in 2005, 2004 and 2003, and is one of only three plaintiffs' firms in the nation to receive this award in each of the last four years. Over the past year, Lieff Cabraser has achieved a series of remarkable recoveries on behalf of consumers, businesses, employees, patients and homeowners.

Settlement Reached In Overtime Pay Class Action Lawsuit Against Wells Fargo

Oct. 7, 2006, San Francisco, CA -- U.S. District Court Judge Claudia Wilken of the Northern District of California granted preliminary approval to the settlement of a $12.8 million overtime pay class action lawsuit against Wells Fargo. The suit was filed by plaintiffs on behalf of themselves and approximately 4,500 current and former Wells Fargo employees nationwide who worked for Wells Fargo as Business Systems Consultants or e-Business Systems Consultants for alleged violations of federal and state wage and hour laws. Learn more...

Kelly M. Dermody Named As Finalist For 2006 Consumer Attorney For the Year

The Consumer Attorneys of California announced today that Lieff Cabraser partner Kelly M. Dermody has been selected as one of the finalists for its 2006 Consumer Attorney of the Year award. Ms. Dermody was recognized for her work as lead plaintiffs' attorney in the Sutter Health uninsured pricing case.

The Advocate.com, "Malpractice cap outdated; Court rules 31-year-old limit not adequate remedy today"

Louisiana's $500,000 cap on medical malpractice damages, passed 31 years ago, is unconstitutional because it no longer provides "an adequate remedy" to patients, the 3rd Circuit Court of Appeal in Lake Charles ruled Wednesday in a 3-2 decision. More...

Sacramento Business Journal, "Uninsured patients to get 35% refund in modified CHW settlement"

Uninsured patients who received treatment at a Catholic Healthcare West hospital from July 1, 2001 through Sept. 25, 2006 are eligible for a 35 percent discount or refund on their bill, following court action Monday that modified the settlement agreement in a class action lawsuit alleging price-gouging of patients without insurance.

"The only major change is the agreement now provides that all class members will be entitled to a refund or discount of 35 percent, regardless of their income," said Kelly Dermody, counsel for the plaintiffs at the firm of Lieff Cabraser Heimann & Bernstein LLP in San Francisco. "It's definitely not any less money, but this changes how it is allocated."

For more information about the settlement, click here.

Elizabeth J. Cabraser Named to the Daily Journal's Top 100 List

The San Francisco & Los Angeles Daily Journal named Elizabeth J. Cabraser to their annual list of leading 100 lawyers in California.Ms. Cabraser was selected to the annual list for her representation of consumers in class action lawsuits of national importance. Earlier this year, The National Law Journal honored Ms. Cabraser as one of the 100 most influential lawyers in America.

Ortho Evra Alert: New Warnings Added To Birth Control Patch Label

The Food and Drug Administration announced a second label update for the Ortho Evra birth control patch, with new information from two studies conducted to evaluate the increased risks of blood clots, strokes and other adverse side effects of the patch over those associated with oral contraceptive pills. One of the studies found a two-fold increase in serious blood clots. Read the latest news and current Ortho Evra patch warning...

Court Grants Preliminary Approval to Settlement for Consumers Who Purchased Dell Inspiron 5150 Notebook Computers

San Jose, CA -- U.S. District Judge James Ware granted preliminary approval to a class action lawsuit against Dell, Inc., by current and former owners of the Dell Inspiron 5150 who alleged certain defects with the notebook computer. The settlement provides a new extended one-year limited warranty to cover certain failures in the motherboard and power supply components in their notebooks, as well as a refund to class members who previously paid Dell or a third party to repair certain failures in the motherboard and power supply components in their notebooks. Learn more...

Steven E. Fineman Reappointed to Civil Justice Foundation Board Of Trustees

Sept. 11, 2006, Washington, D.C. -- Lieff Cabraser Managing Partner Steven E. Fineman has been reappointed to the Civil Justice Foundation through 2009. Founded in 1986 by members of the Association of Trial Lawyers of America (ATLA), and leading consumer advocates, the Civil Justice Foundation awards grants to grassroots consumer advocacy groups. To date, the Foundation has awarded more than $1,000,000 to more than 100 organizations. These modest grants (ranging from $1,500 to $20,000) exemplify ATLA and the Foundation's commitment to preventing consumer injury, and protecting consumers' access to justice. For more information on the Civil Justice Foundation, click here.

San Francisco Chronicle, "Guards seek overtime pay for off-the-clock briefings"

A group of past and present employees of Inter-Con Security Systems charged in a lawsuit Tuesday that the company requires security guards to attend 15-minute briefings before each shift without paying them. More about the Intercon employment overtime wages lawsuit...

Stockton Record, "Security firm hit with suit; Loss of overtime wages filed in multiple complaints"

A San Francisco law firm Tuesday filed a class-action lawsuit on behalf of current and former employees of Pasadena-based Inter-Con Security Services, charging that the company, which provides security services for Kaiser Permanente, among others, has failed to pay overtime wages. Learn more about the Inter-con overtime wages lawsuit...

Kathryn E. Barnett Named "Best of the Bar" by Nashville Business Journal for Third Time

For its annual list of outstanding attorneys in the mid-Tennessee region, the Nashville Business Journal once again recognized Lieff Cabraser's Kathryn E. Barnett as "Best of the Bar." The selection was based on nearly 1000 peer nominations and recognizes Ms. Barnett as a leader in the field of litigation. Ms. Barnett has extensive trial experience, including complex and class action cases, as well as catastrophic personal injury cases. For more information about Ms. Barnett, please view her biography.

Associated Press, "Investors react negatively to Apple disclosure; Need to restate earnings over stock options issues drive shares down"

As the stock option cloud over Apple Computer Inc. darkened, investors tried to determine Friday whether the company’s popular products are powerful enough to overcome the potential accounting and legal risks facing the maker of the iPod and the Macintosh. And more than 80 other companies nationwide are entangled in the stock option imbroglio. Learn more...

Learn more about the stock options mishandling litigation.

Marin Independent Journal, "Patients without insurance settle suit with Sutter"

Uninsured patients who were treated at Marin General Hospital or Novato Community Hospital in the past six years could be eligible for a 35 percent refund on their old medical bills under a court settlement approved Thursday. More...

San Francisco Chronicle, "Little Protection for Homeowners When Materials Fail"

Over the past several decades, the construction industry has run amuck in "new and improved" building products that turn out to be simply bad. In many cases, the companies producing these products go belly-up and disappear into the annals of capitalist failures. In addition to lead-based paint (which continues to poison inner-city children) and asbestos (a powerful carcinogen), there have been some spectacular if less well known failures. More...

Daily Journal, "Lawyers' Gun-Control Group Anniversary Fundraiser Will Feature Baez"

Singer and activist Joan Baez will perform Monday evening at an anniversary dinner and fundraiser for a lawyers' gun-control group founded in the wake of the massacre at 101 California St. More...

San Francisco Chronicle, "Catholic Healthcare West agrees to refund uninsured patients"

Catholic Healthcare West said Wednesday that it will provide full or partial refunds of hospital charges to tens of thousands of former patients in California, Arizona and Nevada to settle a lawsuit that accused the nonprofit company of overcharging the uninsured. More...
        
For more information about the Catholic Healthcare West settlement, click here.

Associated Press, "Catholic Healthcare West agrees to billing lawsuit settlement"

Hospital group Catholic Healthcare West agreed Wednesday to reimburse as many as 800,000 uninsured patients for excessive charges to settle a class-action price-gouging lawsuit. More...

For more information about the Catholic Healthcare West settlement, click here.

Kickback Scheme Alleged for Disclosure Reports Sold to California Home Sellers

San Francisco Chronicle, "Seafood chain accused of discriminating against blacks"

McCormick & Schmick's, the operator of about 60 upscale seafood restaurants nationwide, was sued in federal court Thursday for discriminating against black employees and applicants. More...
       
Lieff Cabraser is acting as plaintiffs' co-counsel in this case.

IT Business.ca, "Toshiba users take court action over Satellite 6100 Pro; Class-action suit claims laptop's motherboard is falling apart"

A national class-action lawsuit was filed this week against Toshiba of Canada Ltd., citing design problems with the Satellite Pro 6100 notebook computer. More...

The Business Review (Albany), "Hevesi files $250M suit against Qwest, Arthur Andersen"

State Comptroller Alan Hevesi has filed a securities fraud lawsuit against Qwest Communications International Inc. and its auditor, Arthur Andersen, for $250 million to recoup losses suffered by the state Common Retirement Fund. Hevesi said they lost the money as a result of phone accounting practices that inflated Qwest's stock price. More...

Herald & Review (Illinois), "CAT Retirees Sue Over Health Benefits"

Caterpillar Inc. retirees fed up with paying toward their health insurance are hoping a southern lawsuit might turn the clock back to the days of free medical care. More...

Caterpillar Retirees Sue to Maintain Full Healthcare Benefits

March 31, 2006, Nashville, TN -- Retirees of Caterpillar, Inc., have filed a class action lawsuit against the company 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.

Court Grants Final Approval of Settlement of Toshiba Notebook Class Action

Landmark Overtime Pay Class Action Lawsuit Against IBM by Tech Workers Expands

Times of India, "Desi sues firm over tax refunds"

An Indian employee of an information technology consulting company filed a lawsuit on Tuesday alleging he and other foreign workers were required to give their employers their tax return checks. More...

Click here for more information on the Tata Tax Refunds lawsuit.

National Public Interest Law Organization Honors William Bernstein

Appleseed, one of the largest pro bono networks across America, honored William Bernstein at their 2006 "A Bridge to the Future" event. Appleseed cited Mr. Bernstein for his outstanding leadership, extraordinary vision and unwavering commitment to civil justice. Appleseed is a network of public interest law centers working to identify and address injustices in communities across America.

The Recorder, "Fishing for Punitive Fix in Exxon Case"

The dozens of Alaska fishermen sardined into a Ninth Circuit courtroom Friday seemed to only reluctantly accept Judge Andrew Kleinfeld's statement that the court views "torturing and killing large numbers of people" as "more reprehensible than putting a drunk in charge of a supertanker." More...

Legal Intelligencer, "IBM Suit Shows Tech Industry Is in Wage Lawyers' Sights; National Wage-and-hour lawyers seem to be turning up the heat on the computer industry"

A lawsuit filed Tuesday against computer giant IBM Corp. for allegedly not paying overtime to tens of thousands of rank-and-file employees arrives on the heels of a series of suits making similar claims. More...

Kelly M. Dermody Named One of Top 20 California Lawyers Under Age 40

The Daily Journal selected Lieff Cabraser partner Kelly M. Dermody as one of the "Top 20 under 40" lawyers in California. "I have always identified with the underdog and people who have been historically marginalized and underrepresented," Ms. Dermody commented. In 2005, she served as one of the lead plaintiffs' lawyers responsible for settling a $50 million race discrimination class action against Abercrombie & Fitch stores for a class of approximately 50,000 people. To read a profile of Ms. Dermody, click here. To read the Daily Journal article, click here [pdf file].

Press Release, "IBM Tech Workers File Nationwide Overtime Pay Class Action Lawsuit in Federal Court"

Red Herring, "Worker Overtime Suit Hits IBM"

Technology workers for IBM sued the giant computer company on Tuesday in federal court for allegedly failing to pay overtime wages to tens of thousands of employees in a move that could have far-reaching implications for the tech industry’s workforce. More...

Los Angeles Times, "Securities Suits Down in 2005, Study Says"

The number of securities class-action such suits in 2005 dropped 17% to 176 last year, the lowest total since 1997, according to an annual report by Boston-based Cornerstone Research and Stanford Law School. More...

Business Tennessee Honors Kathryn E. Barnett

Business Tennessee has selected Lieff Cabraser's Kathryn E. Barnett as one of 150 "Best Lawyers in Tennessee" out of over 17,000 attorneys in the state. Noting that she is "a top lawyer in the class action category," the journal cited Ms. Barnett's role as co-lead counsel in the prosecution of the Tri-State Crematory case as evidence of her superlative legal skills and achievement in the field of torts.