September
4, 2007, Winnsboro, Texas -- Jeremy and Heidi Crow filed a wrongful death lawsuit
against Yamaha Motor Corporation based on the death of their nine-year old
son Jeremy Todd ("J.T.") Crow.Lieff Cabraser Heimann & Bernstein, LLP Civil Justice Newsletter, Issue 20
Top News
Introduction
The Lieff Cabraser Civil Justice Newsletter is published by the national law firm of Lieff Cabraser Heimann & Bernstein, LLP. With over 50 lawyers in three offices, Lieff Cabraser has a comprehensive, diversified civil litigation practice that is unique among plaintiff law firms in the United States. We also maintain affiliations with attorneys worldwide and represent persons from outside the United States in cases prosecuted in American courts.
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Family of Boy Killed In Yamaha Rhino Rollover Accident Alleges Vehicle Is Dangerously Unstable
September
4, 2007, Winnsboro, Texas -- Jeremy and Heidi Crow filed a wrongful death lawsuit
against Yamaha Motor Corporation based on the death of their nine-year old
son Jeremy Todd ("J.T.") Crow.
On June 22, 2007, J.T. Crow was a passenger in a Yamaha Rhino ATV when the vehicle at slow speed rolled over. The Yamaha Rhino’s lack of doors resulted in his ejection despite being belted. Crow was pinned underneath the Rhino and suffered substantial injuries. Emergency personnel rushed J.T. Crow to the emergency room of Jasper Memorial Hospital in Jasper, Texas, where he was pronounced dead.
"Because of this tragedy so many persons have been deeply affected for the remainder of their lives. J.T. was a very smart and beautiful boy. He excelled at academics and sports, but most special was his compassion for others and gift for making people feel important," stated Heidi Crow. "It is written, 'He who saves one life, saves the entire world.' That is why our family has filed suit against Yamaha. The Rhino vehicle is unsafe and poses a grave hazard to its riders."
"The complaint charges that the Yamaha Rhino ATV is prone to roll over during turns even at low speeds because of inherent flaws in its design," stated Fabrice N. Vincent of Lieff Cabraser, which is representing the Crows. "Yamaha has been aware for years of serious injuries and deaths of drivers and passengers in rollover accidents, yet has not modified the Rhino's design to correct for its stability problems."
Learn more about the dangers of the Yamaha Rhino and recent safety information at www.yamaharhinorolloverandrecall.com.
Contact Lens Solution Users File Personal Injury Lawsuit For Dangerous Eye Infections
August
24, 2007, Los Angeles, CA -- Signaling an expansion of the litigation
against Advanced Medical Optics, Inc. ("AMO"), seven contact lens
solution users from across America filed a personal injury lawsuit against
AMO in state court in Los Angeles.
Each plaintiff alleges he or she 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.
"AMO has not yet acknowledged its responsibilities to injured consumers," stated Wendy R. Fleishman of Lieff Cabraser. "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."
In May, 2007, AMO Complete was recalled by the manufacturer. However, plaintiffs charge that AMO failed to adequately notify consumers and retailers. Many consumers continue to use the product and suffer injuries as a result.
"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 Fleishman.
Learn more about the AMO contact lens solution recall and lawsuits.
Court Rules Massive Fraud Lawsuit May Proceed Against University of Phoenix
Sacramento, CA, August 20, 2007 -- 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 of Lieff Cabraser. "The Court's decision is a significant victory for students and taxpayers. We look forward to a trial on the merits."
The complaint charges that the University of Phoenix defrauded the federal government of billions of dollars since 1997. Hundreds of thousands of former University of Phoenix students without degrees are obligated to pay back high interest loans for decades.
Plaintiffs seek a court order requiring the University of Phoenix to return its ill-gotten profits to the Federal government, and begin abiding by the same set of rules for student loans as followed by responsible colleges and universities.
Ford Recalls 3.6 Million Additional Vehicles Due to Switch Fire Danger
August 6, 2007, Washington, D.C. -- 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.
Court Certifies Nationwide Class of Mortgage Borrowers in Suit Against Litton Loan Servicing
July 30, 2007, Los Angeles, CA -- 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 about the Litton Loan Servicing class action.
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 Professionals 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.
Learn more about overtime pay and the computer industry.
Court Upholds $50 Million Punitive Damage Award Against DaimlerChrysler
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 longshoreman Richard Mraz. The case is now on appeal.
Mr. Mraz suffered fatal head injuries when the 1992 Dodge Dakota pickup truck he had been driving at his work site ran him over after he exited the vehicle believing it was in park. The jury found that a defect in the Dodge Dakota’s automatic transmission, called a park-to-reverse defect, played a substantial factor in Mr. Mraz’s death. The jury also found that DaimlerChrysler was negligent for failing to adequately recall or retrofit the vehicle.
Mr. Mraz was not the first person to die from this defect, but likely the 13th person. There have been hundreds of accidents where people suffered debilitating physical injuries when the DaimlerChrysler vehicles they were driving moved into reverse when the driver believed that he or she had placed the shift selector of the vehicle in the park position. The defect at issue affects over a million vehicles on the road today, including 1988 to 2003 Dodge Dakota pickup trucks and 1993-1998 Jeep Grand Cherokees.
Learn more about the DaimlerChrysler park to reverse defect.
Minnesota Homeowners Join National Litigation Against Carrier Corporation For Concealing Alleged Defects In High-Efficiency Furnaces
May
10, 2007, Minneapolis, Minnesota – Homeowners in Minnesota filed a class action
lawsuit against Carrier Corporation, the manufacturer of Carrier high efficiency
condensing furnaces. 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.
"My furnace failed in the middle of January when it was 20 degrees outside," said James Nogosek of Winona, Minnesota, one of the plaintiffs.
The homeowners allege that 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. Carrier has never disclosed this problem to its customers, the suit further alleges.
"Carrier's warranty does not cover labor charges for replacement of the part they knew would fail," explained Jonathan D. Selbin, plaintiffs' counsel with Lieff Cabraser. "Homeowners who bought their furnace on the assurance by Carrier that it would last a lifetime have been forced to spend hundreds or even over a thousand dollars on the repair of their faulty furnace, or have had to spend thousands on a brand new furnace."
In 2005, homeowners in the State of Washington filed suit, followed by homeowners in 2006 in Wisconsin, Michigan and Ontario, Canada. On May 1, 2007, U.S. District Court Judge Ronald B. Leighton ordered that the case on behalf of Washington homeowners may proceed as a class action lawsuit.
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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