New York AG Sues Private Stem Cell Clinic for Injury and Fraud

Stem Cells

Attorney General sues on behalf of injured patients over “reckless” conduct, “egregious” injuries from wildly expensive treatments

Last week, New York State Attorney General Letitita James sued Park Avenue Stem Cell, a private NYC clinic, for allegedly injuring and defrauding patients. Attorney General James is one of many state and federal regulators scrutinizing a growing field of private clinics and their affiliates that represent — recklessly and without full information — to prospective patients that a variety of illnesses can be reversed or made more tolerable by very expensive stem cell injections. [Read more…]

California Federal Judge Rules DIRECTV Cannot Avoid Robocall Lawsuit

California Federal Judge Rules DIRECTV Cannot Avoid Robocall Lawsuit

As reported by Bloomberg Law (subscription), on Friday March 29, 2019, U.S. District Judge Dolly M. Gee of the Central District of California certified two proposed plaintiff classes in a federal lawsuit against DIRECTV over allegations the company violated the Telephone Consumer Protection Act (“TCPA”) by directing debt collection companies to make unwanted telemarketing phone calls to consumers on their behalf. The Court found that questions common to all class members outweigh any individualized questions of possible consent to the calls. [Read more…]

Judge Gives Preliminary Approval to $5M Proposed Settlement in Nationwide Insurance Robocall Class Action

Robocall

As reported by Law360, a federal judge has preliminarily approved a $5 million settlement in the class action alleging that Nationwide Mutual Insurance violated the Telephone Consumer Protection Act (TCPA) by sending harassing repeat auto-dialer calls, texts, and voice messages to consumers without their consent. [Read more…]

Samsung Exploding Washers Class Action Settlement to Make More Than $200 Million Available to Class Members

CPSC Warning: Samsung Washing Machines Are Exploding

A federal court judge has granted preliminary approval to a settlement between Samsung Electronics and consumers who asserted claims that certain Samsung top-load washing machines could have their tops detach, their drain pumps fail, and even explode during normal use. Between the terms of the settlement preliminarily approved by Judge Timothy D. DeGiusti of the U.S. District Court for the Western District of Oklahoma, and the existing washer recall, more than $200 million is being made available to the class. [Read more…]

Lieff Cabraser & Co-Counsel Announce That Victims of Fleetcor’s Alleged Predatory Scheme File Class Action Lawsuit

Trucks fueling at station

Fuelman Card included hidden and deceptive fees; earned Fleetcor’s CEO $357 million in compensation

February 1, 2019—(NEW YORK)—Lieff Cabraser and co-counsel announce that Wisconsin’s Schultz Transfer System, Inc. has filed a federal lawsuit in Georgia alleging that Fleetcor’s “Fuelman” gas card was a predatory scheme that began charging clients more than the face amount at the pump, despite promising “deep savings…for fleets of all sizes, in all industries.”[1] [Read more…]

$307.5M Class Settlement with Fiat Chrysler, Bosch Will Compensate Owners and Lessees, Provide Repairs that Protect Environment while Maintaining Performance and Fuel Economy

Government-approved emissions modifications, substantial cash payments to become available upon settlement approval for approximately 100,000 eligible vehicles; extended warranties to protect long-term reliability and performance

San Francisco, CA—A class action settlement agreement filed today by the consumer plaintiffs in the Fiat Chrysler-Dodge-Jeep (FCA) “EcoDiesel” Litigation will, if approved, provide eligible owners and lessees with substantial cash payments in addition to government-approved emissions modifications and extended warranties. The proposed settlement totaling $307.5 million ($280 million from FCA and $27.5 million from Bosch) was filed in the United States District Court, Northern District of California as part of the multidistrict litigation overseen by Judge Edward M. Chen. [Read more…]

Judge Grants Final Approval to $250 Million State Farm RICO Lawsuit Settlement

Final Settlement Approved in State Farm RICO Lawsuit

As reported by Law360, U.S. District Judge David Herndon has granted final approval to a $250 million settlement in the class action lawsuit brought by State Farm policyholders accusing the auto insurer of using campaign donations to buy the vote of an Illinois Supreme Court Justice. [Read more…]

American Association for Justice “Worst Corporate Conduct of 2018” Features Numerous Lieff Cabraser Cases

Silhouette row of businessmen sitting in meeting room

The American Association for Justice has published its annual analysis of the “worst corporate conduct” of 2018. The AAJ’s report “examines how civil justice is the most powerful tool to hold corporations and institutions accountable when they cause harm. From the energy companies who spent decades denying their role in climate change, to a university and sports program that for years protected a pedophile instead of students and athletes, institutions have shown time and again they will not act in the public’s best interest unless something forces them to. In these cases, and others involving unscrupulous student lenders, defective airbags, child slave labor, and corporate attempts to rig justice, the civil justice system has allowed Americans to hold bad actors accountable and change the way they do business.” [Read more…]

Judge Orders Fiat Chrysler and DOJ to Meet With Settlement Master in Emissions Fraud Suit

fiat chrysler emissions fraud

As reported by Law 360, after significant delays in the settlement process, a California federal judge has ordered Fiat Chrysler Automobiles NV and the U.S. Department of Justice to meet face-to-face with a court appointed Settlement Master in order to reach an agreement to end the government’s suit over the automaker’s excessive diesel vehicle emissions. [Read more…]

Supreme Court Upholds Ruling Supporting California Consumers in Predatory Lending Class Action Against BofA

predatory bank lending

The U.S. Supreme Court has declined to review a Ninth Circuit ruling reinstating a proposed consumer class action against Bank of America over its allegedly predatory lending activities. As reported by Law 360, the banking giant’s failed attempt to get the ruling reviewed leaves in place a Ninth Circuit panel ruling from earlier this year that reinstated a proposed consumer fraud class action brought against Bank of America NA by lead plaintiff Donald Lusnak, a California homeowner. According to Law 360, the suit “sought to force the North Carolina-based bank to comply with a California law requiring mortgage lenders to pay at least 2 percent interest on borrowers’ escrow accounts.” [Read more…]

Court Grants Final Approval to $42.5 Million Settlement of British Airways Frequent Flyer Ticket Surcharges Class Action

Air Travel Complaints

In 2012, Lieff Cabraser filed a class action lawsuit against British Airways over what its frequent flyers alleged was the imposition of extortionate “fuel surcharges” on individuals who wanted to redeem their British Airways frequent flyer miles for air tickets. After months of concerted investigation, Lieff Cabraser’s team tenaciously pursued a six-year course of litigation against an opponent that took the most aggressive positions on every possible issue.

Our firm won every dispute in the case — two motions to dismiss, class certification, Rule 23(f) appeal, summary judgment, Daubert motions, motions in limine, and numerous contested discovery issues.   [Read more…]

Lieff Cabraser Announces Class Action Consumer Fraud Lawsuit Against Westgate Resorts, Ltd.

Log Cabins in the Smoky Mountains

September 26, 2018, Nashville, TN—(BUSINESSWIRE)—Lieff Cabraser Heimann & Bernstein, LLP; Farmer Purcell White & Lassiter, PLLC; Ritchie, Dillard, Davies & Johnson, P.C., and Wallace & Associates announce the filing of a class action consumer fraud lawsuit in federal court in the Eastern District of Tennessee on behalf of purchasers of timeshare interests at the Westgate Smoky Mountain Resort in Gatlinburg, Tennessee, against Westgate Resorts, Ltd. and its related entities.  [Read more…]

California Department of Insurance Intervenes in Lieff Cabraser’s Lawsuit Against AbbVie Alleging Kickbacks and Improper Marketing of Top-Selling Drug Humira

Hospital

Joint Complaint Filed Under the California Insurance Frauds Prevention Act

On September 18, 2018, Lieff Cabraser and California Insurance Commissioner Dave Jones sued AbbVie, Inc. for violations of the Insurance Frauds Prevention Act (“IFPA”) by providing kickbacks to healthcare providers throughout California relating to sale of the immunosuppressive drug Humira. Humira, used to treat arthritis, colitis, and other diseases, is a widely-prescribed drug that led the list of top-selling pharmaceutical products until its 2016 U.S. patent expiration, having global sales of $16 billion in 2016 alone. [Read more…]

State Farm Settles Rigged-Judge Auto Parts RICO Fraud Trial for $250 Million

State Farm Settles Rigged-Judge Auto Parts RICO Fraud Trial

Hale, et al. v. State Farm, No. 3:12-cv-00660 (S.D. Illinois) began over 20 years ago with a class action suit by State Farm insureds alleging State Farm wrongly replaced their post-accident vehicle parts with non-OEM in violation of the terms of their insurance policies. In 1999, an Illinois state court jury awarded plaintiffs $456 million for breach of contract by the company, and the trial judge added $730 million in punitive damages. An appellate court reduced the verdict to $1.056 billion, at that time one of the largest class-action verdicts in U.S. history. [Read more…]

State Farm Will Settle Rigged-Judge Trial for $250 Million

State Farm Will Settle Rigged-Judge Trial for $250 Million

Law360 has reported that on the same day trial was to begin in the case, State Farm has agreed to pay $250 million to settle the RICO lawsuit wherein plaintiffs alleged the company secretly paid millions to help elect an Illinois Supreme Court judge in order to overturn a billion-plus dollar judgment against it from a case originating back in 1997. [Read more…]

Hundreds of Wells Fargo Customers Lose Their Homes to Foreclosure Due to Bank’s Mistakes and Aggressive Actions

Hundreds of Wells Fargo Customers Lose Their Homes to Foreclosure Due to Bank’s Mistakes and Aggressive Actions

Homeowners’ homes foreclosed on after Wells Fargo’s software incorrectly denied available mortgage modifications

News sources have revealed that more than 600 Wells Fargo customers were incorrectly denied loan modifications under a federal assistance program set up by the Treasury Department in 2009, with 400 of the owners ultimately losing their homes to bank foreclosure. The bank claims the loan adjustment denials were the result of a “computer error.” [Read more…]

Fiat Chrysler & Bosch Try to Escape RICO Claims in Emissions Fraud Litigation

Fiat Chrysler & Bosch Try to Escape RICO Claims in Emissions Fraud Litigation

Fiat Chrysler and Bosch are trying to convince a federal judge in California to throw out RICO claims brought by drivers in multidistrict litigation centering on claims that the companies cheated on vehicle emissions testing. The companies argue that only regulators, and not the consumers bringing the current lawsuit, are entitled to relief under the Racketeer Influenced and Corrupt Organizations Act, as the consumers who purchased affected vehicles were not direct victims of the alleged misconduct. U.S. District Court Judge Edward M. Chen seemed to disagree with the companies’ argument, noting that, “At the end of the day, they [the consumers] paid for a car that they didn’t get.” [Read more…]

Final Month for VW, Audi 2.0-Liter Diesel Owners, Lessees to File Class Action Settlement Claims and Receive Benefits

VW Diesel Emissions Case Settlement

Eligible consumers must file claims by September 1 to receive buyback or approved emissions modification plus additional cash compensation

Owners and lessees of Volkswagen and Audi 2.0-liter diesel vehicles who have yet to complete a claim in the 2.0-liter class action settlement have until September 1, 2018 to claim benefits for a vehicle buyback or an approved emissions modification, along with thousands of dollars in cash compensation. [Read more…]

Consumer Action Alert: Heads Up for VW 2.0-Liter Diesel Owners and Lessees to File Claims

Final claims deadline approaches for Volkswagen (VW) settlement

The Volkswagen “Clean Diesel” litigation settlement of more than $15 billion, announced in June 2016, is quickly approaching the deadline for 2.0-liter diesel owners and lessees to file claims and receive their benefits. This will ensure that these vehicles either are removed from the road or receive an approved emissions modification. [Read more…]