News

LA Times, "Lacking Lawyers, Justice is Denied"

          Dave Stewart's 72-year-old mother went to Stanford University Medical Center for double knee-replacement surgery in April. Four days later, she was dead. To Stewart, an anesthesiologist, it seemed a classic case of medical malpractice. After the operation, his mother developed sharp abdominal pain that she described as "10 on a scale of 1 to 10," according to her medical records. The hospital failed to diagnose the cause of her pain and continued to treat her with narcotics. Her vital signs became unstable and she was moved to the intensive care unit, but she died of complications from an untreated bowel obstruction. State regulators cited the hospital in the case this fall. More...

Op Ed: Washington Regulators Should Not Have Final Say Over What Is Safe

December 26, 2007, Nashville, TN -- Writing in The Tennessean, Lieff Cabraser partner Mark P. Chalos explains why we should not rely on regulators in Washington, D.C., to ensure the safety of products sold in the U.S. He goes on to summarize an effort to bar those injured by defective medical devices from obtaining redress in our civil court system. "While most bureaucrats are well-meaning and hard-working, there should be limits to what they are asked to do," writes Mr. Chalos. "There is a role for Washington bureaucrats in regulating medical products, but they should not be permitted to take power that for centuries has belonged to juries." Read the commentary...

QuickBooks Users File Lawsuit Against Intuit for Widespread Deletion of their Data

Three businesses that rely on QuickBooks Pro for Macintosh filed a class action lawsuit against the product’s manufacturer Intuit for sending faulty software code on the weekend of December 15-16, 2007, that caused the wholesale deletion of their QuickBooks data and other files. “Although Intuit has finally halted the automatic downloading of the faulty software, Mac users nationwide have each incurred hundreds to thousands of dollars in labor and other costs trying to restore their valuable data, some of which will never be recovered. Today’s lawsuit seeks compensation for lost data as well as the time and money spent attempting to recover the lost data,” said Michael W. Sobol of Lieff Cabraser and plaintiffs’ co-counsel. Learn more about the QuickBooks class action...

MSNBC.com, "Ford recalls 1.1 million vehicles for engine flaw"

Ford Motor Co. said Thursday it is recalling 1.17 million trucks, sport utility vehicles and vans to fix an engine sensor that could lead to engine stalling. More...

Mercury News, "Lawsuit aims to cut ER fees"

          The lawyers who last year forced two hospital corporations to stop charging uninsured patients exorbitant prices for medical care are now taking on California's largest group of emergency room doctors. A class-action lawsuit filed this week on behalf of two Contra Costa County women claims the doctors charged the women "unfair, unreasonable and inflated" prices - and ruined their credit to boot. More...

McClatchy-Tribune Business News, "Ford to settle SUV lawsuit: Explorer owners would get vouchers for new Ford vehicles"

        A proposed settlement in a massive class-action lawsuit brought in Sacramento against the Ford Motor Co. would give 1 million Explorer owners in four states the opportunity to claim vouchers toward the purchase of a new Ford vehicle. More...

Bay Area Reporter, "Report: Law firms should diversify"

          Competition for top talent at the country's premiere law schools is increasingly being waged over how gay-friendly law firms are. Recruiters for law firms report that even straight graduates are looking to see if firms have LGBT-supportive policies as they weigh job offers. On the flip side, LGBT lawyers largely remain fearful that coming out at work will hinder their ability to become partners in their firms. And surveys have shown that the problem persists even at Bay Area-based legal houses, despite the region's progressive reputation. More....

Personal Injury Lawsuit Filed Against Medtronic For Faulty Defibrillator Lead Wire That Caused Devastating Shocks

Kim Orange of Bowling Green, Kentucky, filed a personal injury lawsuit against Medtronic Inc., for suffering devastating electrical shocks due to a defective lead wire system for her defibrillator. The lawsuit, filed in Minnesota state court where Medtronic is based, seeks damages for the physical pain and medical expenses Ms. Orange has incurred, as well as compensation for Ms. Orange's future medical care and expenses due to the defective Medtronic device. "The defect is potentially fatal. Yet, Medtronic has not agreed to compensate patients for their extreme injuries or for having to undergo invasive surgeries to replace the fractured leads," noted plaintiff’s counsel Mark P. Chalos of Lieff Cabraser. "Only by filing a lawsuit or otherwise making a claim against Medtronic can injured patients obtain justice and compensation for their injuries." Learn more....

The Bar Association of San Francisco released a 46-page report designed to assist law firms attract lesbian, gay, bisexual and transgender attorneys, and establish a fair workplace to retain them. The report contains recommendations, online resources for companies, a list of relevant nonprofit organizations and a checklist of best practices. Kelly M. Dermody, a partner at Lieff Cabraser and co-chair of the committee that drafted the report, said, "It's one of the great truisms of San Francisco's legal community that it is one of the best communities to be a LGBT lawyer. But the sad truth is even in San Francisco the work to create inclusive environments for LGBT attorneys is not complete." For a copy of the BASF Report, click here.

Cathode-Ray Tube (CRT) Manufacturers Charged With Price Fixing

San Francisco, CA -- Businesses and individuals that purchased cathode-ray tubes ("CRTs") and products containing CRTs filed a class action complaint alleging leading CRT manufacturers operated a global cartel to fix the prices of CRTs sold in the United States. "With the rapid fall in demand for CRTs over the past decade due to the introduction of technologically superior products, prices for CRTs should have rapidly declined as well," stated plaintiff's counsel Joseph R. Saveri of Lieff Cabraser. "Instead, for almost a decade, we have seen periods of unnatural and sustained price stability, as well as inexplicable increases in the prices of CRTs." Learn more about this case....

Bloomberg News, "Philips, Samsung Maintain Cathode-Ray Cartel, Suit Claims"

          Royal Philips Electronics NV and five other electronics-makers were sued by a customer for allegedly conspiring to inflate the prices of glass-tube displays found in some computer monitors and televisions. The complaint, filed today in federal court in San Francisco, claims Philips was joined in the alleged price-fixing cartel by LG Electronics Inc., Tatung Co.'s Chunghwa Picture Tubes unit, Matsushita Electric Industrial Co., Samsung Electronics Co. and Toshiba Corp. The plaintiff seeks class status to represent all customers affected by the alleged price fixing. More...

New York Times, "Lawsuit Charges CRT Makers With Price-Fixing"

          A class-action lawsuit was filed against six monitor manufacturers on Tuesday, alleging the companies of being a "global cartel" involved in price-fixing of CRT monitors. The lawsuit, filed in the U.S. District Court for the Northern District of California on behalf of Nathan Muchnick Inc., alleges that six manufacturers Chunghwa, LG Electronics, Matsushita, Philips Electronics, Samsung and Toshiba artificially inflated the prices of CRT products to remain stable despite a rapid decline in demand. More...

South Florida Business Journal, "Switch to digital may leave ADT customers feeling insecure"

          Secured by ADT? One lawsuit alleges the company marketed a product that will soon be obsolete. ADT says the suit has no merit. Boca Raton-based ADT Security Services may be the nation's largest alarm system provider, but many of its 6 million customers may not be secure come February. More...

Federal Court Grants Preliminary Approval to Nationwide Consumer Class Action Settlement With Carrier Corporation

U.S. District Court Judge Leighton has granted preliminary approval to a settlement of the class action lawsuit filed by current and past owners of the allegedly defective high-efficiency furnaces manufactured by Carrier Corporation equipped with PPL secondary heat exchangers. Approximately three million U.S. and Canadian consumers affected by the settlement purchased the furnaces under the Carrier, Bryant, Day & Night, and Payne brand-names. "We believe this is a terrific result for consumers," said Lieff Cabraser partner Jonathan D. Selbin. "We are proud of what we have accomplished with this settlement, and Carrier has really stepped up to the plate to take care of its customers." Learn more about the proposed settlement...

Medical Industry Week, "AMO faces legal claims following contact lens recall"

       Lieff Cabraser Heimann & Bernstein LLP has announced that ten contact lens solution users from across America have filed a personal injury lawsuit against Advanced Medical Optics in state court in Los Angeles, CA.. More...

Lieff Cabraser Offers Assistance to Students Dealing with Community Violence

In support of students traumatized by community violence, Lieff Cabraser and Bay Area attorneys have joined together to sponsor a therapist to work with students at George Washington Carver Elementary School in the Bayview neighborhood of San Francisco. Called the Carver Healthy Environment and Response to Trauma in Schools, or Carver HEARTS, the project was initiated by Lieff Cabraser partner Kelly M. Dermody. "If you can't be in class in a healthy state of mind, there's no way you're going to learn," Dermody said. "What's happening at 6 years old is putting these kids on a path that's hard to undo." Learn more....

AMO Recall: Ten Patients with Severe Eye Injuries File Lawsuit

Demonstrating the ongoing national tragedy of the defective contact lens solution manufactured by Santa Ana, California-based Advanced Medical Optics, Inc. ("AMO"), ten contact lens solution users from across America filed personal injury lawsuits against AMO in state court in Los Angeles. Each plaintiff suffered vision loss due to Acanthamoeba keratitis, an extremely painful infection of the cornea that can cause blindness, from use of AMO's Complete MoisturePlus Multi Purpose contact lens solution. Learn more...

          For the second consecutive year, Law & Politics magazine recognized Lieff Cabraser partner Kathryn E. Barnett as a Mid-South Super Lawyer. This year, Ms. Barnett has taken a leading role in the lawsuits in federal court arising out of the recall of Peter Pan and Great Value peanut butter. In September 2007, U.S. District Court Judge Thomas Thrash, Jr., appointed Lieff Cabraser as Plaintiffs’ Lead Counsel as well as to the Plaintiffs' Executive and Steering Committees to lead and coordinate the prosecution of thousands of injury, death and consumer cases.

$4.85 Billion Settlement Reached In Vioxx Product Liability Litigation

Merck & Co., Inc. announced that it has entered into an agreement with the executive committee of the Plaintiffs' Steering Committee of the federal multidistrict Vioxx litigation as well as representatives of plaintiffs' counsel in state coordinated proceedings. Merck will pay a fixed amount of $4.85 billion into a settlement fund for qualifying claims already filed against Merck. Claims will be evaluated on an individual basis. Elizabeth J. Cabraser serves on the Plaintiffs’ Steering Committee. Lieff Cabraser represents patients who suffered serious injuries and families of patients who died after ingesting Vioxx. Learn more about the settlement at www.officialvioxxsettlement.com.

At its 4th annual awards ceremony, the Public Interest Law Foundation of the University of San Francisco School of Law recognized Lieff Cabraser partner Elizabeth J. Cabraser with its "Award for Public Interest Excellence." Ms. Cabraser was selected for "her outstanding contributions to the struggle for equality, peace and justice." Ms. Cabraser was also honored in September 2007 by the Daily Journal as one of only 14 attorneys to be named a Top 100 attorney in California for ten years in a row.

Lieff Cabraser managing partner Steven E. Fineman will be speaking at The Globalization of Class Actions in Oxford, England. The conference features an international panel of "leading legal scholars, practitioners and judges to examine and debate the global spread of class actions and other forms of representative and group litigation." Mr. Fineman will be a panelist on the topic of negotiating resolutions. Sponsored by Stanford Law School and The Centre for Socio-Legal Studies of Oxford University, the conference will take place on December 12-14, 2007.

Consolidated Complaint Charges Manufacturers of Liquid Crystal Displays Operated Global Cartel

Businesses and individuals that purchased Liquid Crystal Display (LCDs) products directly from the world's leading manufacturers filed a consolidated class action complaint charging defendants with operating a global cartel to fix the prices of LCDs sold in the United States for the past decade. Lieff Cabraser partner Richard M. Heimann serves as one of two Interim Lead Counsel sharing responsibility for supervising discovery, trial and post-trial proceedings on behalf of plaintiffs. Learn more...

National Law Journal Selects Lieff Cabraser as One of the Nation's Best Plaintiffs' Firms

In its annual list of the premier plaintiffs' law firms in the United States, The National Law Journal once again recognized Lieff Cabraser. Only 12 other law firms were selected for the 2007 National Law Journal Plaintiffs' Hot List. Lieff Cabraser is one of only two plaintiffs' firms in the nation to receive this award in each of the last five years. Over the past year, Lieff Cabraser has achieved a series of remarkable recoveries on behalf of consumers, businesses, employees, patients and homeowners. Learn more...

Court Appoints Lieff Cabraser to Leadership Position in Gol Airlines Disaster Case

U.S. District Court Judge Brian Cogan appointed Lieff Cabraser managing partner Steven M. Fineman as Co-Lead Counsel in the multidistrict litigation in the Eastern District of New York (Brooklyn) concerning the September 29, 2006 crash of a Gol Airlines plane. One hundred and forty eight passengers and six crew members died when Gol Airlines Flight 1907 plunged nose-first into the Amazon rainforest after colliding with an Embraer Legacy aircraft operated by the American company ExcelAire. Learn more...

Associated Press, "Medtronic sued over recalled device"

          A man who claims he received 47 unneeded jolts from his implanted defibrillator is suing Medtronic over the broken wires the company is recalling. Plaintiffs Leonard Stavish and Kelly Luisi seek class-action status in U.S. District Court in Minneapolis as representatives of people they say were hurt. The lawsuit's allegations include emotional distress and negligence, and it seeks restitution, disgorgement of profits, and punitive damages. More...

Patients File Lawsuits Against Medtronic for Manufacturing Faulty Defibrillator Lead Wires

Heart patients nationwide implanted with recalled defibrillator leads filed separate lawsuits in Minneapolis, Minnesota, and San Juan, Puerto Rico, against the manufacturer Medtronic Inc., and related companies. Each plaintiff received a cardiac pacemaker/defibrillator combination that was attached to their heart with a lead wire system manufactured by Medtronic and sold under the brand name Sprint Fidelis. In the case of three of the patients, the Sprint Fidelis lead fractured or frayed, necessitating additional surgery to remove the device and implant a new lead system. Learn more...

Associated Press, "Medtronic Recall: Medtronic sued for Faulty Lead"

          Recalls had already battered the heart device industry when Medtronic warned doctors that the wires connecting a patient's heart to its implantable defibrillators break too often. Medtronic told doctors to stop using the Sprint Fidelis wires after linking five deaths to breaks in them. The company said the Fidelis wires failed slightly more often than the thicker wires they were meant to replace. More...

Daily Journal Names Elizabeth J. Cabraser as Top 100 California Attorney

Lieff Cabraser partner Elizabeth J. Cabraser has been selected by the Daily Journal as one of the Top 100 attorneys in California. This marks the tenth consecutive year the Daily Journal has recognized Ms. Cabraser for this honor, naming her one of only fourteen attorneys included on the list for all ten years for her "lasting influence" as one of the leading lawyers in California. In a profile, Ms. Cabraser noted that Lieff Cabraser evaluates cases based on their social utility and whether they will advance our clients' rights and the law.

The Nashville Post, "Nashville attorney steers nationwide legal action vs ConAgra"

         Nashville lawyers from Lieff Cabraser Heimann & Bernstein will carry much of the load for plaintiffs in the 49 lawsuits filed so far against ConAgra Foods Inc., in the wake of February's discovery of Salmonella in the company's peanut butter. More...

KLTV-7, "East Texas Family Files Wrongful Death Suit Against ATV Company"

        It's been almost three months since an East Texas couple lost their nine-year-old son in an ATV accident. On June 22nd, J.T. Crow of Winnsboro was killed when the Yamaha Rhino he was riding in rolled over at a slow speed, pinning him underneath. It's a tragedy that has prompted Crow's family to bring awareness to the dangers of Yamaha Rhino's by filing a wrongful death suit against the company. More...

Court Appoints Lieff Cabraser to Plaintiffs' Leadership Group in Peanut Butter Recall Litigation

U.S. District Court Judge Thomas Thrash, Jr., appointed Lieff Cabraser Plaintiffs’ Lead Counsel in the federal court lawsuits arising out of the recall of Peter Pan and Great Value peanut butter earlier this year. The Court also appointed liaison counsel, and plaintiffs' executive and steering committees to lead and coordinate the prosecution of thousands of injury, death and consumer cases. Consumers nationwide contracted Salmonella poisoning from eating contaminated peanut butter produced at a single plant in Sylvester, Georgia, owned by ConAgra, Inc. Click here to read the Court's order.

Longview News-Journal, "Parents of boy killed on ATV suing maker"

        The parents of a 9-year-old boy killed in an all-terrain vehicle rollover wreck have filed a wrongful death lawsuit in Wood County district court against Yamaha Motor Corp. More...

AMO Contact Lens Recall: Seven Patients with Severe Eye Injuries File Lawsuit

Signaling a further expansion in the litigation against Advanced Medical Optics, Inc. ("AMO"), seven contact lens solution users from across America filed a personal injury lawsuit against AMO in California Superior Court. Each plaintiff suffered vision loss due to Acanthamoeba keratitis, an extremely painful infection of the cornea, from use of AMO’s Complete MoisturePlus Multi Purpose contact lens solution. "In addition to obtaining full compensation for our clients through the lawsuit, we are seeking to have the Court force AMO to make its recall notice loud and clear, so that the product is completely off the market and no future injuries occur," stated Lieff Cabraser partner Wendy R. Fleishman.

The Recorder, "Plaintiffs Bar Eyes Big False Claims Case"

         Seeing the potential for billion-dollar damages, lawyers who sue over government contracts are watching a false claims suit against the University of Phoenix. On Friday, a federal judge in Sacramento, Calif., cleared the case for trial. More...

Court Rules Massive Fraud Lawsuit May Proceed Against University of Phoenix

U.S. District Court Judge Garland E. Burrell denied a motion by the University of Phoenix to dismiss a far-reaching lawsuit against the university for violating Federal law, the so-called incentive compensation ban. "The Higher Education Act prohibits colleges and universities that provide federal financial aid to students from using incentive payments to employees for recruiting students, which is precisely the course of conduct the University of Phoenix pursued," stated plaintiffs' attorney Robert J. Nelson. "The Court's decision is a significant victory for students and taxpayers. We look forward to a trial on the merits." Learn more about the University of Phoenix fraud lawsuit...

Ford Recalls 3.6 Million Additional Vehicles Due to Switch Fire Danger

Ford Motor Company expanded a recall of millions of Ford, Lincoln and Mercury cars, trucks and SUVs built from 1992-2004 due to a defective cruise control switch. The faulty cruise control switch, which can corrode over time and ignite, has been linked to thousands of fires. Under pressure from the National Highway Transportation Safety Agency, Ford has recalled a total of 10.4 million vehicles in relation to this issue. Lieff Cabraser represents Ford owners injured in vehicle fires. Learn more about the Ford fire recall...

Race and Color Class Action Against Morgan Stanley Settled

Lieff Cabraser and co-counsel announced a settlement in principle with Morgan Stanley on behalf of approximately 1,200 African-American and Latino Financial Advisors and Registered Financial Advisor Trainees employed at Morgan Stanley since October 12, 2002. The lawsuit challenged inequities in opportunities for African Americans and Latinos in the distribution of accounts and other business opportunities. Learn more...

Court Certifies Nationwide Class of Mortgage Borrowers in Suit Against Litton Loan Servicing

U.S. District Court Judge Margaret M. Morrow granted plaintiffs’ motion for certification of a nationwide class of customers of Litton Loan Servicing who made timely payments yet were assessed late fees within sixty days of the transfer of the servicing of their loans to Litton. Plaintiffs charge that Litton engages in a scheme in which it fails accurately to service its borrowers' loans and then falsely claims that the borrowers are in default. Learn more...

Associated Press, "Jury finds middle school negligent in locker room cameras case"

         A jury awarded $40,000 each to 32 middle school students who were taped by security cameras in a school locker room. More...

WBIR, "Jury awards students $40,000 each over locker room tapings"

         A jury on Tuesday awarded $40,000 each in damages to 32 students who were taped by Internet-connected cameras in locker rooms at a Middle Tennessee middle school. More...

The Herald-Citizen, "Jury finds Livingston Middle School negligent"

        A four-week-long trial involving a lawsuit against the Overton County School System ended Friday, and the 12-member jury has yet to make a decision. More...

Court Appoints Lieff Cabraser to a Leadership Position in LCD Antitrust Case

U.S. District Court Judge Susan Illston appointed Interim Lead Counsel in a nationwide class action litigation against the manufacturers of flat-panel TV screens and other products incorporating liquid crystal displays (LCDs). Representing direct purchasers of LCD products, the Court appointed Lieff Cabraser partner Richard M. Heimann as one of two Interim Lead Counsel sharing responsibility for supervising discovery, trial and post-trial proceedings on behalf of plaintiffs. The complaints charge that defendants conspired to raise, fix and stabilize the prices of LCDs from January 1, 1998, through December 31, 2005. Learn more...

Court Grants Final Approval to Landmark IBM Overtime Pay Class Action

July 12, 2007, San Francisco, CA -- U.S. District Judge Phyllis J. Hamilton granted final approval to a $65 million settlement in an overtime pay class action lawsuit against IBM. The settlement constitutes one of the largest settlements ever in an overtime pay case involving the computer industry. Plaintiffs charged that IBM violated federal and state laws by improperly classifying certain current and former IBM technical services and IT specialists as exempt from overtime compensation. Under the terms of the settlement, each qualified individual will be entitled to apply for a payment, in accordance with an agreed formula.

Court Permits Overtime Pay Class Action Lawsuit Against A&P

July 12, 2007, New York, NY -- New York State Supreme Court Judge Herman Cahn entered an Order on July 3, 2007 granting class certification to plaintiffs’ claims that A&P systematically denied overtime pay to their hourly employees. This Order means that the case will continue on behalf of thousands of cashiers, clerks, bakers, deli, and other hourly-paid workers in New York State who are challenging A&P’s alleged failure to pay overtime since 1998. "We are pleased that the Court recognized that the workers’ claims against A&P for willfully forcing employees to work ‘off-the-clock’ to reduce payroll expenditures are suitable for review on a class-wide basis," said Rachel Geman, a partner at Lieff Cabraser. Learn more...

Court Certifies Class in Caterpillar Class Action

July 12, 2007, Nashville, TN -- U.S. District Judge Aleta A. Trauger granted the Caterpillar retiree plaintiffs' motion for class certification and designated the named plaintiffs as class representatives. With co-counsel, the firm represents retirees of Caterpillar, Inc. in a class action lawsuit against the company to preserve the healthcare benefits promised them under collective bargaining agreements. In 2004 Caterpillar began charging monthly premiums despite long-standing contracts that promise free healthcare to certain beneficiaries and spouses. Learn more...

Court Upholds $50 Million Punitive Damage Award Against DaimlerChrysler Corporation

June 28, 2007, San Pedro, CA -- Los Angeles Superior Court Judge Mel Red Recana denied two post-trial motions submitted by DaimlerChrysler Corporation. The motions were filed in response to a jury verdict which ordered the automaker to pay $50 million in punitive damages to Adriana Mraz and her three children for the wrongful death of San Pedro longshoreman Richard Mraz. The Court found that the evidence presented at trial was so persuasive that "the court or jury could not have reached a different decision or verdict." Learn more...

Kelly Dermody Named Public Justice Trial Lawyer of the Year Finalist

June 27, 2007, Washington, D.C. -- Lieff Cabraser partner Kelly M. Dermody has been chosen by the Public Justice Foundation as a Finalist for Trial Lawyer of the Year for her outstanding work in Dancer v. Catholic Healthcare West, in which she negotiated a settlement to end unfair billing practices against uninsured patients. The winner of the nationally-prestigious award will be announced on July 17th at the foundation's anniversary dinner in Chicago. Learn more...

Court Certifies Class In Scripps Health Uninsured Patients Litigation

June 27, 2007, San Diego, California -- Superior Court Judge Steven Denton entered an order granting class certification to claims by Phillip Franklin that Scripps Health charges its uninsured patients unreasonable and unconscionable prices. The case will continue on behalf of potentially one hundred thousand uninsured patients, most living in the San Diego and Southern California region, who challenge alleged price gouging by Scripps hospitals since 2002. “We are pleased that the Court recognized that Scripps has engaged in systemic pricing practices toward the uninsured which are suitable for systemic review,” said Kelly M. Dermody, a partner at Lieff Cabraser. Learn more...

Texas Corneal Transplant Patient Files Personal Injury Lawsuit Against Contact Lens Solution Manufacturer

Signaling an expansion of the litigation against Santa Ana, California-based Advanced Medical Optics, Inc. ("AMO"), Fort Worth, Texas resident Debbie Wooten filed today a personal injury lawsuit for damages suffered against AMO in federal court in Los Angeles. Wendy R. Fleishman, a partner at Lieff Cabraser, stated, "AMO must compensate all users of its contact lens solution who developed serious eye infections, 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 Advanced Medical Optics lawsuit.

Engineers and Tech Works File Overtime Pay Lawsuit Against Cadence Design Systems

May 30, 2007, San Francisco, CA -- Employees of Cadence Design Systems, Inc. filed a nationwide class action lawsuit in federal court charging the computer services company with failure to pay overtime wages in violation of federal and state labor laws. The suit was filed on behalf of current and former Cadence Systems Engineers, who were wrongly classified by the company as exempt from the overtime provisions of wage and hour laws. "Hundreds of Cadence technical support workers put in long hours to support the company's computer systems and help Cadence bring in $1.5 billion in revenues," stated Lieff Cabraser partner Kelly M. Dermody. "These employees deserve to be paid for their efforts to make Cadence successful." Learn more about the Cadence Design Systems' overtime lawsuit.

May 28, 2007, New York, NY -- Lieff Cabraser partner Elizabeth J. Cabraser received a top honor from the National Law Journal (NLJ) as one of the "50 Most Influential Women Lawyers in America." The NLJ award was given to women who have "demonstrated the power to change the legal landscape, shape public affairs and launch industries," said Rex Bossert, NLJ editor-in-chief. Ms. Cabraser is one of only 10 women to have also appeared on the NLJ's original list in 1998 of the most influential women attorneys in America. Learn more about Elizabeth Cabraser.

AMO Contact Lens Solution Recalled Due to Outbreak of Eye Infections

May 27, 2007, Santa Ana, CA -- Advanced Medical Optics advised its customers to immediately stop using AMO Complete Moisture Plus Multi-Purpose Solution after the Centers for Disease Control identified a link to a rare but potentially blinding eye infection. According to health officials, 138 confirmed cases of the infection, Acanthamoeba keratitis, have occurred since January 2005 among users of AMO Complete Moisture Plus. Learn more about the AMO lens solution recall.

American Association for Justice, "Malpractice Insurers Price-Gouging Doctors"

          The American Association for Justice (AAJ) today released a report revealing the medical malpractice insurance industry has been price-gouging doctors through excessive premiums and needlessly contributing to the growing cost of healthcare. Written by former Missouri Insurance Commissioner Jay Angoff, the study is based on recent annual reports from the top 15 medical malpractice insurers as rated by A.M. Best. The report shows that these insurers artificially raised doctors’ premiums and misled the public about the nature of malpractice claims -- asserting that a so-called “malpractice crisis” exists. The report puts the lie to that claim. More...

Minnesota Homeowners Join National Litigation Against Carrier Corporation

Homeowners in Minnesota today filed a class action lawsuit against Carrier Corporation, the manufacturer of Carrier high efficiency condensing furnaces. The homeowners allege that, beginning in 1989, Carrier stopped manufacturing its high-efficiency condensing furnaces with high-grade stainless steel and instead used plastic-coated mild steel that corrodes and fails well before the industry standard and expected life of 20 years. The case was filed on behalf of an estimated 150,000 residents of Minnesota who own or owned these furnaces manufactured by Carrier and sold under the Carrier, Bryant, Day & Night, and Payne brand-names. Learn more.

Federal Court Certifies Washington Consumer Class Action Against Carrier Corporation

U.S. District Court Judge Ronald B. Leighton ordered that a case filed by current and past Washington State owners of high-efficiency furnaces manufactured by Carrier may proceed as a class action lawsuit. The class action complaint alleges that Carrier concealed from consumers that it stopped using high-end steel in favor of cheaper steel in its high efficiency condensing furnaces. Learn more about the Carrier furnace litigation.

Daily Journal Names Elizabeth Cabraser and Kelly Dermody Top Women Litigators

Lieff Cabraser partners Elizabeth J. Cabraser and Kelly M. Dermody have been chosen by the Daily Journal editorial staff as Top Women Litigators in California for 2007. With regard to Ms. Cabraser, the Daily Journal notes that she "does more than represent plaintiffs; her task as a veteran class counsel is to design and structure trials." As for Ms. Dermody, the Journal stated that due to her efforts, "a million people without health insurance no longer are being overcharged for hospital care."

Court Certifies Class of Minnesota Property Owners Bringing Suit Against Ameriquest

Minnesota District Court Judge Lloyd B. Zimmerman ordered that a complaint filed by Minnesota property owners who obtained mortgage loans from Ameriquest Mortgage Company from February 1999 to the present may proceed as a class action. Plaintiffs charge that Ameriquest has engaged in deceptive and unlawful business practices in violation of Minnesota law through targeting economically vulnerable persons in a predatory lending scheme. Learn more...

Reuters, "FedEx Express Settles Racial Bias Suit"

          Package delivery company FedEx Corp. said Wednesday that it had agreed to settle a racial discrimination lawsuit brought against its express unit, FedEx Express, for $53.5 million. More...

$54.9 Million Settlement Reached in FedEx Race Discrimination Class Action

April 10, 2007, San Francisco, CA -- Class counsel announced that a $54.9 million settlement has been reached in a race discrimination class action lawsuit by African American and Latino employees of FedEx Express. The settlement requires FedEx to reform its promotion, discipline, and pay practices. Under the settlement, FedEx will implement multiple steps to promote equal employment opportunities, including making its performance evaluation process less discretionary, discarding use of the "Basic Skills Test" as a prerequisite to promotion into certain desirable positions, and submitting policy changes to demonstrate that its revised practices do not continue to foster racial discrimination. Learn more...

Associated Press, "Ford recalls 500,000 Escape SUVs for brake trouble"

500,000 Escapes from 2001-2004 linked to potential engine fire danger

          Ford Motor Co. said Tuesday it was recalling more than 500,000 Ford Escape sport utility vehicles after receiving reports of engine fires linked to corrosion on antilock brake connectors. Ford said the recall involved 444,880 Escapes from the 2001-2004 model years in the United States, and about 75,000 Escapes in Canada, Mexico and Europe. The recall does not affect hybrid versions of the SUV, the automaker said. More...

Nationwide Class Action Lawsuit Against ConAgra For Salmonella Poisoning In Its Peanut Butter Expands

March 23, 2007, Rome, GA -- Thirty-two consumers spanning 16 states, including the parents of nine children who became seriously ill after eating Peter Pan or Great Value peanut butter, filed an amended class action complaint against the international food conglomerate ConAgra Foods, Inc. The proposed class consists of all persons nationwide who contracted Salmonella Tennessee from eating ConAgra’s contaminated peanut butter. Learn more...

Independent Truck Stop Owners Allege Overcharging by Credit Card Company

March 22, 2007, Philadelphia, PA -- Marchbanks Truck Service, Inc. and Universal Delaware, Inc. filed an antitrust class action lawsuit against Comdata, the owner of a monopoly credit card system used by practically every truck stop in the U.S. Plaintiffs allege that Comdata has used its market dominance to impair competition and has charged independent truck stops millions of dollars in excessive fees. Learn more....

Federal Court Denies Tata's Motion to Dismiss Class Action Lawsuit Seeking Return of Workers' Tax Refunds

March 14, 2007, San Francisco, CA -- District Court Judge Vaughn Walker denied the motion of Tata America International Corporation to compel arbitration in India and dismiss the nationwide class action lawsuit in United States court. The complaint, brought in Federal court in San Francisco, alleges Tata unjustly enriched itself by requiring all of its non-U.S.-citizen employees to endorse and sign over their federal and state tax refunds to Tata. Lieff Cabraser serves as co-counsel for plaintiffs. More...

First Coast News, "Vioxx Jury Awards $47.5M to Idaho Couple"

          Merck & Co.'s painkiller Vioxx contributed to an Idaho postal worker's heart attack, a jury in Atlantic City ruled Monday, reversing the verdict in the man's first trial and hitting Merck with a total of $47.5 million in damages. In one of Merck's biggest losses over the drug so far, the jurors awarded the man and his wife $20 million in compensatory damages Monday morning, then later said Merck should pay $27.5 million in punitive damages. More...

Associated Press, "LA jury says DaimlerChrysler must pay $54 million in truck death"

          A jury found that DaimlerChrysler must pay about $54 million to the family of a longshoreman who was killed by a Dodge truck that backed over him at the Port of Los Angeles, attorneys said Friday. A Superior Court jury awarded damages to the family of Richard Mraz, 38, of San Pedro, in a negligence and product liability suit. More...

Long Beach Press Telegram, "$55.2M award in port death; Jury finds DaimlerChrysler negligent in alleged 'park-to-reverse' defect"

          The family of a longshoreman who was run over by a Dodge pickup at a container terminal in 2004 has been awarded $55.2 million by a jury who found the truck mechanically defective. Richard Mraz, 38, was working at the American Presidents Line facility on Terminal Island when the pickup reversed into him after he had exited it, knocking him to the ground and resulting in a fatal head injury. More...

Wire Services, "San Pedro family verdict: $50 million; Punitive award for a death blamed on a faulty vehicle produced by DaimlerChrysler follows decision granting compensatory damages"

          A San Pedro woman and her three children were awarded $50 million in punitive damages Wednesday in a wrongful death suit against DaimlerChrysler Corp. A Los Angeles Superior Court jury found that DaimlerChrysler knowingly and intentionally failed to cure a defect that led to the May 1, 2004, death of 38-year-old Richard Mraz, according to Robert J. Nelson, attorney for Mraz's widow, Adriana Mraz. More...

Detroit News, "DCX loses suit in Dodge owner's death; L.A. jury awards $55M to Dakota driver's wife, who contends truck's defect killed husband"

          A Los Angeles County jury Wednesday slapped DaimlerChrysler AG with a $55 million verdict in a trial stemming from the April 2004 death of a 38-year-old longshoreman killed in an accident involving his 1992 Dodge Dakota. More...

$54.4 Million Verdict Rendered Against DaimlerChrysler For Failing To Fix Known Transmission Defect That Killed Young Father

March 7, 2007, Los Angeles, CA -- In a wrongful death action, a California-state jury today returned a $50 million punitive damages award against DaimlerChrysler for its failure to cure a known defect in millions of its vehicles. On March 2, 2007, the same jury found DaimlerChrysler liable for the death of Richard Mraz and returned a verdict of $4.4 million in compensatory damages for his wife and her three children. Lieff Cabraser attorney Robert J. Nelson served as lead trial counsel for the family. The jury found that a park-to-reverse defect in the automatic transmission of the Dodge Dakota driven by Mr. Mraz played a substantial factor in his death, and that DaimlerChrysler was negligent in failing to adequately recall or retrofit the vehicle. More...

Detroit News, "Texan's death rekindles Ford switch issue; Family of retiree files suit blaming component linked with engine fires"

          Al Gavegan Sr.'s death in a house fire last summer left family and friends in San Antonio searching for answers -- and they say the evidence leads straight to Ford Motor Co. and a faulty electrical switch. More...

Nashville Post, "Nashville lawyer leads class action following Salmonella outbreak"

          Kathryn Barnett, head of Lieff Cabraser Heimann & Bernstein, LLP's Nashville office, is leading the plaintiff firm's class action against ConAgra Foods Inc., the maker of Peter Pan peanut butter, following linkage of the potentially lethal Salmonella Tennessee bacterium to ConAgra products sold to consumers. More...

Kelly M. Dermody Receives California Lawyer Magazine Attorney of the Year Award

February 22, 2007, San Francisco, CA -- California Lawyer magazine has named Kelly M. Dermody, partner at Lieff Cabraser, a California Attorney of the Year for 2007. The magazine awarded Ms. Dermody the prestigious CLAY (California Lawyer Attorneys of the Year) Award for her representation of hundreds of thousands of uninsured patients who alleged that Sutter Health charged them excessive and unfair prices for medical treatment and engaged in aggressive and unfair collections practices. As a result of plaintiffs’ litigation against Sutter Health, the hospital chain entered into a precedent-setting and comprehensive settlement that provided substantial monetary relief for all uninsured patient class members and required all of Sutter’s 23 hospital affiliates to lower their prices for all uninsured patients going forward. Learn more...