LA Times: How Restaurants Are Struggling to Pay Rent During Coronavirus Pandemic

Robert J. Nelson and Naomi Pomeroy Discuss Business Interruption Insurance Claim Denial and Lawsuits on OpenTable’s ‘In it Together’ Webinar Series

The impact of the Coronavirus on the restaurant industry has been massive. As reported by the Los Angeles Times, restaurant owners have been forced to cut costs and cut staff. Even after receiving government-issued Paycheck Protection Program money, many still cannot afford to pay their rent or payroll. [Read more…]

Final Approval Granted to Settlement of Nationwide Mercedes-Benz Vehicle A/C Mold and Mildew Case

Mold in vehicle air conditioning

Uncapped settlement will provide reimbursement for qualified past repairs and all or part of the cost of future repairs to owners and lessees of approximately 2.5 million Mercedes-Benz vehicles affected by the alleged HVAC system mold and mildew defects

Lieff Cabraser and Corpus Law Patel announce U.S. District Judge Amy Totenberg has granted final approval to a nationwide settlement between vehicle owners/lessees and Mercedes-Benz to end the class action product defect litigation over claims that certain Mercedes-Benz vehicles were affected by HVAC system defects that led to noxious odors inside the vehicles that could be severe enough to render the luxury vehicles unfit for driving. [Read more…]

Mark Chalos Appointed to Plaintiffs’ Executive Committee in Graco Child Car Seat Fraudulent Marketing & Injuries Litigation

Mark Chalos Appointed to Plaintiffs’ Executive Committee in Graco Child Car Seat Fraudulent Marketing & Injuries Litigation

On September 9, 2020, U.S. District Judge Leigh Martin May of the Northern District of Georgia issued an order appointing Lieff Cabraser Nashville Managing Partner Mark P. Chalos to the Plaintiffs’ Executive Committee in the multidistrict litigation centered in Georgia against Graco accusing the company of improper, fraudulent, and dangerous marketing of child car booster seats. [Read more…]

Vaping Seen to Dramatically Increase Chances of Contracting Covid-19, Intensification of Coronavirus Illness

Juul dangers

Emerging data on coronavirus indicate radically heightened risks, particularly for young vapers and smokers

The New York Times reports that experts are warning the corona virus and its attendant respiratory disease are more easily contracted by and can cause elevated damage to the already-scarred lungs of smokers and vapers. Several new studies have found that smoking can double a person’s risk of severe covid-19 symptoms, and researchers are now reporting that young adults who vape are five times more likely to contract the coronavirus. There are also heightened concerns about other vape liquid additives such as Vitamin E acetate, which can further expose the lungs of vapers to toxins and foreign contaminants. This exposure weakens the body’s ability to fight diseases as airways become clogged and the flow of oxygen to the blood is impeded. [Read more…]

Flour + Water, Central Kitchen, and Trick Dog File Breach of Contract Lawsuit Against Farmers Group, Inc. and Other Insurers Over Improper Denial of Business Insurance Claims

Justice for Restaurants

Lieff Cabraser and the Law Office of Alexandra L. Foote expand their state and federal lawsuits on behalf of world-renowned restaurants against multiple insurers with new case on behalf of Thomas McNaughton’s restaurants and bars for denial of proper business interruption insurance claims

August 26, 2020, San Francisco–(BUSINESSWIRE)–Lieff Cabraser and the Law Office of Alexandra L. Foote announce the filing of a new breach of contract lawsuit in San Francisco Superior Court on behalf of Thomas McNaughton’s celebrated restaurants Flour + Water and Central Kitchen, and the acclaimed bar Trick Dog, against Farmer’s Group Inc., Mid-Century Insurance Company, and Truck Insurance Exchange alleging the improper denial of valid business interruption insurance claims in the wake of Covid-19. The complaint alleges that in the wake of substantial financial losses incurred after government-ordered Coronavirus-driven business shutdowns, the plaintiff restaurants and bar made claims on their business interruption insurance policies and were instantly denied coverage by the defendant insurers. [Read more…]

Lieff Cabraser Partner Mark Chalos Named Co-Lead Counsel in Federal Evenflo Child Booster Seat Fraud and Injury Litigation

Lieff Cabraser Partner Mark Chalos Named Co-Lead Counsel in Federal Evenflo Child Booster Seat Fraud and Injury Litigation

On August 27, 2020, U.S. District Court Judge Denise J. Casper appointed Lieff Cabraser Nashville Managing Partner Mark P. Chalos as co-lead counsel for plaintiffs in the multidistrict litigation centered in Massachusetts against Evenflo accusing the company of improper, fraudulent, and dangerous marketing of child car booster seats. [Read more…]

Robert J. Nelson and Naomi Pomeroy Discuss Business Interruption Insurance Claim Denial and Lawsuits on OpenTable’s ‘In it Together’ Webinar Series

Robert J. Nelson and Naomi Pomeroy Discuss Business Interruption Insurance Claim Denial and Lawsuits on OpenTable’s ‘In it Together’ Webinar Series

As part of their continuing series of conversations on the impact of the Coronavirus on the restaurant industry, OpenTable’s bi-monthly food news webinar series “In it Together” spoke with award-winning chef/owner of Portland’s Beast and Expatriate Naomi Pomeroy and national plaintiffs’ lawyer and Lieff Cabraser partner Robert J. Nelson. Together, the two are helping lead the charge of #RESTAURANTJUSTICE, a series of lawsuits filed against insurers who are denying restaurants’ business interruption insurance claims relating to the Coronavirus pandemic. [Read more…]

Graco Booster Seat Fraud Claims Echo Lieff Cabraser’s Current Lawsuit Against Evenflo Company Over Similar Fraudulent Marketing of Dangerous Child Car Seats

graco child car seat injuries

Lieff Cabraser is currently investigating potential claims against Graco child booster seat manufacturer over allegations of fraud and dangerously deceptive marketing leading to child injuries

Earlier this year, Lieff Cabraser filed a lawsuit on behalf of parents who purchased Evenflo’s Big Kid Booster car seats alleging the company knew the seats were unsafe for smaller children yet aggressively marketed them across multiple child ages and sizes regardless. The complaint reports that Evenflo has known since 2012 or earlier that its Big Kid Booster Seat is not safe for children weighing less than forty pounds, and does not appreciably reduce the risk of serious injury or death from side-impacts or collisions. NBC-TV Nashville featured a report on the new lawsuit, including an interview with Lieff Cabraser partner Mark P. Chalos, lead attorney on the case. [Read more…]

Lieff Cabraser & Co-Counsel File Federal Class Action Lawsuit Against Commonwealth Edison for Bribery and Vastly Inflated Electricity Rates

Class Action Lawsuit Against Commonwealth Edison for Bribery and Vastly Inflated Electricity Rates

Suit alleges corrupt scheme under which Commonwealth Edison funneled payments to the Speaker of the Illinois House of Representatives over many years to ensure passage of bills permitting ComEd to charge dramatically higher electric rates in Illinois dating back to 2011

The law firms Lieff Cabraser Heimann & Bernstein, LLP, Bellows Law Group, and Mason Lietz & Klinger have filed a federal bribery and corruption class action lawsuit in the Northern District of Illinois on behalf of Commonwealth Edison’s customers and ratepayers alleging that over many years, ComEd paid bribes to Michael J. Madigan, the powerful Speaker of the Illinois House of Representatives, so that Madigan would ensure passage through the Illinois legislature of bills permitting ComEd to charge higher electric rates. The multi-year illegal scheme benefitted ComEd, defendant Exelon Corporation, and Madigan; the losers were public trust in government, the people of Illinois, and ComEd’s customers. [Read more…]

Supreme Court Upholds Telephone Consumer Protection Act’s Robocall Ban

robocalls tcpa

Abusive and harassing robocalls and texts remain against the law, and consumers continue to have remedies available when they receive such unwanted communications

As reported by Law360, on July 6, 2020, The U.S. Supreme Court issued a decision upholding the Telephone Consumer Protection Act’s sweeping ban on unsolicited and harassing autodialed and prerecorded telemarketing calls and text messages made to consumers without their consent. [Read more…]

Plaintiffs Seek Release of DirecTV Customer Contact Info Sealed in Earlier Improper Texting Lawsuit

texting

Thousands of known DirecTV customers who received illegal texts will lose their right to arbitrate their privacy claims

Lieff Cabraser and Co-Counsel have requested the district court for permission to contact nearly 9,100 known DIRECTV customers who were plaintiffs’ in a 2015 Telephone Consumer Protection Act (“TCPA”) class action lawsuit against the satellite TV giant to notify them that in the wake of the class action suit, they may now bring individual privacy violation claims against DIRECTV under the Satellite Television Extension and Localism Act (STELA). [Read more…]

Lieff Cabraser and Co-Counsel File Nationwide Class Action Breach of Contract Lawsuit on Behalf of Six Prominent Nashville Restaurants Against Erie Insurance Exchange Over Refusal to Pay Business Insurance Claims

Nashville

July 1, 2020, Nashville, Tennessee—Lieff Cabraser, The Higgins Firm, and the Law Office of Alexandra Foote have filed a federal nationwide class action lawsuit against Erie Insurance Exchange on behalf of six Nashville-area restaurants and bars accusing the insurance carrier of breach of contract in its failure to pay valid business interruption insurance claims. This is the first such federal class action filed in Nashville. [Read more…]

Mark Chalos Testifies at Tennessee Senate Judiciary Hearing on Proposed COVID Liability Protections Bill

mpc covid liability protection bill

As reported by The Nashville Post (subscription), both the Tennessee House and Senate judiciary committees advanced bills Tuesday, drafted with the help of the Tennessee Chamber of Commerce and Industry and other business groups, intended to protect businesses, schools and other organizations from coronavirus-related litigation. [Read more…]

Robert J. Nelson and Naomi Pomeroy Discuss Business Interruption Insurance Claim Denial and Litigation on Heritage Radio Network Snacky Tunes Podcast

Restaurant Justice, Wrongful Insurance Denial Cases

As part of their continuing series of conversations on how the COVID-19 pandemic is affecting the restaurant industry, Heritage Radio Network’s weekly food news podcast “Snacky Tunes” spoke with award-winning chef/owner of Portland’s Beast and Expatriate Naomi Pomeroy and national plaintiffs’ lawyer and Lieff Cabraser partner Robert J. Nelson. Together, the two are helping lead the charge on #JUSTICEFORRESTAURANTS, a series of lawsuits filed against insurers that are denying restaurants’ insurance claims for interrupted business relief related to the shelter in place orders associated with the Coronavirus pandemic. [Read more…]

Lieff Cabraser and Alexandra Foote File Lawsuit Against Berkley North Pacific Group for Denial of Beast Business Insurance Claims

Restaurant Justice, Wrongful Insurance Denial Cases

Federal class action filed in Oregon on behalf of James Beard award-winning chef Naomi Pomeroy’s celebrated Portland restaurant alleges breach of contract and unfair trade practices

May 12, 2020, Portland, Oregon–(BUSINESSWIRE)–Lieff Cabraser Heimann & Bernstein, LLP and the Law Office of Alexandra Foote, and the Portland, Oregon firm Stoll Berne announce the filing of a nationwide federal class action breach of contract lawsuit in the U.S. District Court for the District of Oregon against Berkley North Pacific Group, Berkley Insurance Company, W.R. Berkley Corporation, and Continental Western Insurance Company. The action is filed on behalf of James Beard award-winning chef Naomi Pomeroy’s celebrated restaurant Beast and all similarly-situated restaurants with business interruption insurance from the defendant insurers. The complaint alleges that after Pomeroy’s Beast restaurant suffered catastrophic financial losses in the wake of government-ordered shutdowns, the restaurant’s business interruption policy claims were wrongly denied coverage by Berkley North Pacific Group and the related insurers. [Read more…]

New Data Theft Class Action by Users of Venmo, Stripe, and Other Payment Platforms Against Plaid Alleges Violations of Data Privacy Laws

Plaid Financial Privacy Suit

As reported by Law360 (subscription), Lieff Cabraser has filed a class action lawsuit in federal court in California alleging that financial tech start up Plaid Inc. stole Venmo and Stripe users’ personal banking data and sold that data to third party apps without the users’ consent in violation of federal and state privacy laws. Plaid, which recently agreed to be acquired by global payments behemoth Visa for $5.3 billion, provides third-party bank account authentication services for several well-known payment and investment apps, including Venmo, Coinbase, Square’s Cash App, and Stripe. [Read more…]

Lieff Cabraser & Alexandra Foote File Federal Breach of Contract Class Action Against Oregon Mutual for Business Interruption Insurance Denials

Justice for Restaurants

Filed on behalf of Michelin-starred chef and restaurateur Pim Techamuanvivit, this is the first nationwide class action against Oregon Mutual

May 5, 2020, San Francisco–(BUSINESSWIRE)– Lieff Cabraser Heimann & Bernstein, LLP and the Law Office of Alexandra Foote announce the filing of a nationwide federal class action breach of contract lawsuit in the U.S. District Court for the Northern District of California against Oregon Mutual Insurance Company. This action is on behalf of famed restaurateur Pim Techamuanvivit and her San Francisco restaurants Kin Khao and Nari, as well as all other U.S. restaurants with business interruption insurance policies from Oregon Mutual. The complaint alleges that after Techamuanvivit’s restaurants suffered catastrophic financial losses in the wake of government-mandated COVID-19 business shutdowns, her restaurants’ business interruption policy claims were wrongly denied coverage by Oregon Mutual. [Read more…]

Lieff Cabraser & Law Office of Alexandra Foote File COVID-19 Breach of Contract Lawsuit on Behalf of Premier California Restaurant Group Against Farmers Group and Mid-Century Insurance for Nonpayment of Claims

Companies Denied Business Interruption Insurance Claims Due to COVID-19 Outbreak Battle The Insurance Industry

Lawsuit filed by Coi and Alta Adams restaurants to be joined by subsequent high-profile restaurant suits seeking damages from insurers for interruption of business claims arising from COVID-19 shutdowns

April 30, 2020, San Francisco–(BUSINESSWIRE)– Lieff Cabraser Heimann & Bernstein, LLP, has filed a lawsuit in San Francisco Superior Court against Farmers’ Group and Mid-Century Insurance Company on behalf of Michelin-starred Coi Restaurant of San Francisco and Alta Adams of Los Angeles for claims including breach of contract, bad faith denial of insurance claims, and fraud. The complaint alleges that in the wake of substantial financial losses incurred after government-ordered Coronavirus-driven business shutdowns, the plaintiff restaurants made claims on their business interruption insurance policies and were instantly denied coverage by the defendant insurers. [Read more…]

Aaron’s Reaches $2.2M Settlement With Consumers in TCPA Autodialer Litigation

Telephone Consumer Protection Act

A proposed settlement has been reached in a class action lawsuit against rent-to-own retailer Aaron’s Inc. As reported by Law360 (subscription), the lawsuit alleges that the furniture and electronics dealer violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic telephone dialing system and prerecorded voice to initiate calls to non-customer consumers. [Read more…]