Lieff Cabraser Heimann & Bernstein, LLP Civil Justice Newsletter, Issue 21


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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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Court Grants Preliminary Approval to Settlement in Smith Barney Gender Discrimination Suit

May 1, 2008, San Francisco, CA -- U.S. District Court Judge Phyllis Hamilton granted preliminary approval to a $33 million settlement by Citigroup, Inc. to resolve claims by female Financial Advisors at its Smith Barney branch offices that the company discriminated against them on the basis of their gender in compensation and business opportunities (including account distribution, business leads, referral business, and partnership opportunities).

The proposed settlement provides for as many as 2,500 current and former female Smith Barney Financial Advisors nationwide to share in the settlement and comprehensive injunctive relief to increase opportunities for women going forward.

"The settlement mandates substantial changes in Smith Barney's system for awarding compensation and business opportunities in its branch offices for the next four years,'' stated Kelly M. Dermody of Lieff Cabraser. Learn more about the Smith Barney settlement at http://www.genderlawsuitagainstsmithbarney.com. The date for the court to determine whether the settlement should be given final approval has been set for August 13, 2008.

To learn more about Lieff Cabraser's work in protecting the rights of employees, visit http://www.lieffcabraser.com/practice_areas.htm#employment.

 

Death Toll from Contaminated Blood Thinner Drug Heparin Continues to Rise

April 21, 2008, Washington, D.C. -- The blood thinner drug heparin made by Baxter International, Inc. has caused severe side effects   including a profound drop in blood pressure, difficulty breathing and sometimes vomiting. This adverse reaction happens within a few seconds of injection of the drug and can be fatal.

In April, the U.S. Food and Drug Administration updated its report of deaths associated with heparin use to include 81 deaths in the United States. In addition, hundreds of patients worldwide have suffered severe reactions, including organ failure, linked to contaminated heparin. Earlier, the FDA announced that the active ingredient in heparin sold by Baxter was contaminated at Chinese manufacturing facilities.

In lawsuits filed against Baxter by Lieff Cabraser clients, the injured patients have charged that Baxter sold heparin that was defective due to contamination and inadequate inspection of its product.

"Prescription drug manufacturers have a duty to produce products that are safe and free of dangerous ingredients," stated attorney Wendy R. Fleishman of Lieff Cabraser. "Only through a lawsuit or otherwise making a claim against Baxter can patients obtain compensation for their injuries. The American public needs the drug companies, like Baxter, to take responsibility for the safety of their products -- especially those like heparin, which are manufactured in part in China."

Learn more about the heparin recall and how to contact a Lieff Cabraser attorney at http://www.personalinjurylawyeramerica.com/medical/heparin.htm.

 

Homeowners with High-Efficiency Carrier Furnaces Receive Protection of Extended Warranty

April 20, 2008, Seattle, WA -- U.S. District Court Judge Ronald B. Leighton granted final approval to a nationwide settlement in a class action lawsuit filed by current and past owners of high-efficiency furnaces manufactured and sold by Carrier Corporation. Nearly three million U.S. consumers purchased the furnaces covered by the settlement. Carrier sold the furnaces under the Carrier, Bryant, Day & Night and Payne brand-names.

The complaint charged that starting in 1989, Carrier began manufacturing and selling high efficiency condensing furnaces manufactured with inferior materials, which caused them to fail prematurely.

“It is an outstanding outcome for consumers, and we commend Carrier for stepping forward and taking care of its customers,” stated plaintiffs’ counsel Jonathan D. Selbin of Lieff Cabraser. The settlement provides an enhanced 20-year warranty for consumers whose furnaces have not yet failed. Consumers who paid to repair or replace the alleged defective part in their high-efficiency Carrier furnaces are eligible for a cash payment as well.

The deadline for class members to submit a claim is August 1, 2008. Claim forms are available online at www.furnaceclaims.com.

 

Deadline for Submitting Claims in De Beers Diamonds Antitrust Settlement Approaching

April 14, 2008, Newark, N.J. -- U.S. District Court Judge Stanley R. Chesler stated he will grant final approval to the settlement of class action lawsuits against the De Beers group of companies. Plaintiffs charged that De Beers conspired to monopolize the sale of rough diamonds. The settlement provides $295 million to purchasers of diamonds and diamond jewelry and prevents De Beers from continuing its illegal business practices.

Consumers and businesses that purchased diamonds between January 1, 1994 and March 31, 2006 may be eligible for a payment. Claim forms must be submitted by May 19, 2008, and can be obtained from www.diamondsclassaction.com.

 

Jury Finds Defect in Transmission of Jeep Grand Cherokee Caused Death of Infant

April 9, 2008, Chalmette, LA -- A Louisiana-state jury yesterday found DaimlerChrysler liable for the death of infant Collin Guillot and for injuries to his parents, Juli and August Guillot, and their then-3-year-old daughter Madison. The jury returned a unanimous verdict of $5 million in compensatory damages.

The jury found that a defect in the Jeep Grand Cherokee’s transmission, called the park-to-reverse defect, played a substantial factor in Collin Guillot’s death. The defect is a flaw in a vehicle’s transmission. To the driver, the vehicle appears to be in park. However, the transmission is neither in park nor in hydraulic reverse. Instead, it is in an unstable position between the two gears and the vehicle can suddenly shift into reverse.

Lieff Cabraser served as co-counsel in the trial. This is second case in a year in which Lieff Cabraser, working with local co-counsel, has successfully litigated a wrongful death case arising out of the same transmission defect in Chrysler vehicles.

Last year, we obtained a $54 million verdict in Mraz v. DaimlerChrysler, which included a $50 million award of punitive damages. The California jury found that the 1991 Dodge Dakota had a defective transmission and that DaimlerChrysler acted with malice and with a conscious disregard for the health and safety of others.

The defect at issue affects over a million vehicles on the road today, including 1988 through 2003 Dodge Dakotas, certain 1988 through 2006 Dodge Rams, and certain 1993 through 2004 Jeep Grand Cherokees.

Learn more at http://www.usautoinjurylaw.com/cases/defects/park-to-reverse.htm.

 

Lawsuits Charge Yamaha Rhino is a Dangerously Unstable Vehicle

February 24, 2008, Glamis, CA -- Two separate fatal accidents involving the Rhino Recreational Utility Vehicle (RUV) occurred within hours of each other at the Imperial Sand Dunes recreation area in Southern California. In both cases, passengers were killed after being ejected from their Rhino, even one passenger who was belted.

The four-wheel, side by side Rhino manufactured by Yamaha Motor Corporation has become one of the most popular RUVs sold in America. The Rhino seats the driver and passenger next to each other.

Some have claimed that the Rhino is less dangerous than other quads. However, Rhino riders have been killed or seriously injured in accidents nationwide. Those injured have often suffered broken or crushed arms, legs, feet, and ankles. In some cases the injuries were so severe as to require amputation.

In lawsuits filed against Yamaha, riders have charged that the Rhino contains design defects making it dangerously unstable. Even during turns at low speed, the complaints allege that the Rhino is prone to rolling over because it is top-heavy, narrow, and the tires are too small.

In addition, the Rhino has an unpadded, heavy and rigid steel roll cage outlining the entire side of the occupant compartment. Once the Rhino tips over, it has been alleged that the roll cage can cause severe and sometimes fatal injuries when the rider is pinned between the ground and the roll cage or ejected from the Rhino.

Lieff Cabraser represents over 100 individuals across America injured in Rhino accidents, including several clients who entered into confidential, favorable settlements with Yamaha for compensation for their injuries.

Learn more about the dangers of the Yamaha Rhino and recent safety information at www.yamaharhinorolloverandrecall.com.

 

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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