As reported by Law360, on Wednesday July 10, 2019, U.S. District Judge Gershwin A. Drain directed that the lawsuit filed on behalf of hundreds of Ford F-150 pickup truck owners who’ve experienced sudden brake failures in their vehicles should move forward. While discarding some warranty claims in the suit, Judge Drain noted that the plaintiffs’ fraud and reliance claims had been pled sufficiently to overcome the defendant’s request for dismissal. [Read more…]
$135 million settlement provides class members with $2,500 per truck or $10,000 rebate off new truck, or option to seek up to $15,000 per truck in out of pocket damages caused by alleged defect
On June 12, 2019, Judge Joan B. Gottschall of the United States District Court for the Northern District of Illinois issued an Order granting preliminary approval to a proposed settlement of multidistrict litigation brought on behalf of plaintiff truck owners and lessees alleging that Navistar, Inc. and Navistar International, Inc. sold or leased 2011-2014 model year vehicles equipped with certain MaxxForce 11- or 13-liter diesel engines equipped with a defective EGR emissions system. Judge Gottschall ruled that the proposed class action settlement which had been submitted to the Court on May 28, 2019, is likely to be approved as fair, reasonable, and adequate in addressing plaintiffs’ claims, and that the Court was also likely to certify the Settlement Class for purposes of implementing the settlement. [Read more…]
Class members can choose up to $2,500 per truck or $10,000 rebate off new truck, or seek up to $15,000 per truck in out of pocket damages caused by alleged defect
Lieff Cabraser together with co-lead counsel DiCello Levitt Gutzler and Audet & Partners LLP and liaison counsel The Bellows Law Group announce that the parties in the In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liabilities Litigation reached an agreement to settle the nationwide federal class action lawsuit relating to certain MaxxForce 11- or 13-liter diesel engines equipped with an allegedly defective EGR emissions system. Plaintiffs filed the proposed settlement, under which Navistar International and Navistar, Inc. (NYSE: NAV) must pay out $135 million, with Judge Joan B. Gottschall of the U.S. District Court for the Northern District of Illinois for her consideration and approval. [Read more…]
Samsung making more than $100 million available to owners of certain 2011-2016 Samsung top-loading washers with a range of benefits including rebates, refunds, and repairs
March 18, 2019, New York—(BUSINESSWIRE)—The law firm of Lieff Cabraser Heimann & Bernstein, LLP, announces that a settlement (washermdlsettlement.com) has been reached with defendant Samsung Electronics and retailer defendants including Best Buy, Home Depot, and Lowe’s over certain 2011-2016 models of Samsung top-loading washing machines whose tops consumers alleged could detach during operation and whose drain pumps could break or detach during operation. Consumers contended that the washing machines, whose operations caused some of the devices to explode in owners’ homes, are defective; Samsung and the defendants deny all of the allegations of the lawsuit, including those relating to defects in the washers. [Read more…]
In May of 2017, Lieff Cabraser and co-counsel filed the Mercedes-Benz Vehicle AC Mold class action lawsuit on behalf of consumers in federal court in Georgia against Mercedes-Benz USA over complaints that various Mercedes vehicles, dating as far back as the 1999 model year through to the present, have a serious design defect that causes the air conditioning system to accumulate mold and mildew, spewing extremely unpleasant odors throughout the vehicles any time the air system is in use. [Read more…]
On December 18, 2018, Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia issued an order denying defendant Mercedes-Benz USA’s motion to dismiss the vehicle air conditioning mold defects case, finding that the plaintiffs had sufficiently plead their claims against the luxury vehicle manufacturer, which claims include fraud by concealment and unjust enrichment. [Read more…]
Lieff Cabraser and Corpus Law Patel have filed a consumer fraud class action lawsuit against Mercedes-Benz USA and Daimler AG in the United States District Court for the District of New Jersey on behalf of all persons in the U.S. who purchased or leased certain Mercedes-Benz vehicles equipped with an allegedly defective air conditioning system. [Read more…]
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…]
Lieff Cabraser partner Mark P. Chalos has been named Co-Lead Interim Class Counsel for plaintiffs in litigation filed on behalf of hundreds of 2013-2016 Ford F-150 pickup truck owners who are experiencing sudden brake failures in their vehicles. The suit was filed after the National Highway Traffic Safety Administration received more than 200 complaints from Ford F-150 drivers who said the trucks’ brakes suddenly fail without warning during driving. [Read more…]
Court finds bad faith by Fitbit and its counsel in class action over allegedly malfunctioning heart rate monitors; notes Fitbit’s conduct bolsters the perception that “arbitration is where consumer lawsuits go to die”
A San Francisco federal judge has ruled that Fitbit Inc. and its lawyers acted in bad faith reflecting an “absolutely unacceptable level of gamemanship” in machinations over arbitration and arbitration fees after a plaintiff declined a settlement offer over allegations of defects in its heart rate monitors. As reported by Law360 (subscription), the judge sanctioned Fitbit for acting in bad faith, saying it owes attorneys’ fees “after getting a proposed consumer class action removed to arbitration only to reveal they had no intention of arbitrating the claims.” [Read more…]
After effectively undermining its own case by forcing disgruntled consumers into arbitration it then tried to escape because such proceedings would be “irrational,” digital fitness tracker manufacturer Fitbit found itself having to do some serious explaining in federal court last month. As reported by Reuters, at a May 2018 hearing before U.S. District Judge James Donato in San Francisco, Fitbit’s lawyers stated that “no rational party would pay hundreds of dollars in fees to initiate arbitration over a $162 fitness tracker.” They made this claim after a plaintiff rejected the fitness product company’s settlement offer of more than $2,800 to drop the arbitration case, Fitbit decided that the customer’s American Arbitration Association proceeding was therefore officially “concluded.” [Read more…]
San Francisco, CA—On June 5, 2018, Judge James Donato of the U.S. District Court for the Northern District of California issued an order denying Fitbit’s motion to dismiss the class action lawsuit alleging that its PurePulse™-equipped devices are grossly inaccurate and frequently fail to record any heart rate at all. The lawsuit brings claims for false advertising, unfair competition, common-law fraud, fraud in the inducement, unjust enrichment, breach of express warranty, breach of implied warranties under the Magnuson-Moss Warranty Act, and under the consumer protection statutes of California and Arizona. While the court removed plaintiff’s unjust enrichment claim, the motion to dismiss was otherwise entirely denied, subject to plaintiff’s agreement to amend the complaint to include product packaging statements and further allegations of reliance. [Read more…]
Consumers have reached a settlement in the multidistrict litigation against Samsung and retailers over exploding top-loading washing machines, which consumers report can vibrate and blow themselves apart. Some owners of affected machines may receive a new Samsung or other brand washing machine, rebates, or a “free in-home repair to reinforce their washers’ top.” [Read more…]
Fitbit may be facing civil contempt charges for what U.S. District Judge James Donato says is “gamesmanship” after the company leveraged an arbitration agreement to shrink the class action lawsuit over alleged deficiencies in its heart rate monitors then quit the arbitration when the plaintiff didn’t like its settlement offer (hearing transcript). As reported by Law360, Judge Donato had directed Fitbit and the arbitrator to determine whether 12 plaintiffs’ claims about the Fitbit devices, which consistently mis-record heart rates, particularly during the vigorous exercise for which many consumers purchase the devices, should be heard in open and fair court or just in closed arbitration. [Read more…]
On April 16, 2018, Judge Terry J. Hatter, Jr. of the United States District Court for the Central District of California issued an Order rejecting defendants Mercedes-Benz USA and Daimler AG’s motions to strike and dismiss plaintiffs’ First Amended Complaint in the litigation over allegations of defective, mold-harboring climate control systems in numerous Mercedes-Benz vehicles. The defendants had moved to strike the claim for damages under California’s Consumer Legal Remedies Act and to dismiss the common law implied warranty claims and all of the express warranty claims, along with all amendments to the original filed complaint. [Read more…]
On April 11, 2018, Judge Matthew F. Leitman of the U.S. District Court for the Eastern District of Michigan issued an order appointing Lieff Cabraser partner Annika K. Martin as Co-Lead Counsel for Plaintiffs in the consumer fraud class action lawsuit against General Motors Company in federal court on behalf of all persons who purchased or leased certain GM vehicles equipped with an allegedly defective air condition system. [Read more…]
Decision Rejects Mercedes’ Attempt to Dismiss Plaintiffs’ Claims that Mercedes Knowingly Sold Them Cars With Defective, Mold-Harboring HVAC Systems
On March 13, 2018, U.S. District Court Judge Amy Totenberg of the Northern District of Georgia issued an order denying most of Mercedes’s arguments attempting to dismiss Plaintiffs’ putative class action against Mercedes over allegations of mold in Mercedes vehicle AC. At the same time, the Court confirmed the validity of plaintiffs’ claims that Mercedes-Benz misled its customers by selling them expensive cars Mercedes knew to have defective, mold-harboring climate control systems. “Plaintiffs just want Mercedes to do right by its customers,” noted Lieff Cabraser’s Annika K. Martin, who represents the plaintiffs in the class action lawsuit. “The Court’s opinion today is another positive step towards holding Mercedes accountable for cheating its customers.” [Read more…]
New Independent Study Confirms That Fitbit’s Heart Rate Monitors Are Highly Inaccurate
SAN FRANCISCO−A team of researchers from the University of Leeds (UK) and TSW xp LAB in Italy have published a new peer-reviewed study on the Fitbit Charge 2 fitness tracker that confirms findings in previous studies that the “PurePulse™” technology used in Fitbit’s popular fitness trackers can be extremely inaccurate during moderate and high-intensity exercise. [Read more…]
Lieff Cabraser and Bruno Newsom filed a consumer fraud class action lawsuit against General Motors Company in the United States District Court for the Middle District of Tennessee today on behalf of all persons who purchased or leased in Tennessee certain GM vehicles equipped with an allegedly defective air conditioning system. The lawsuit claims the vehicles in question have a serious defect that causes the air conditioning systems to crack and leak refrigerant, lose pressure, and fail to function properly to provide cooled air into the vehicles. These failures lead owners and lessees to incur significant costs for repair, often successive repairs as the repaired parts prove defective as well.
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Law360 reports on product liability cases to watch in the year 2018, highlighting cases of national interest with potential impact on millions of Americans. The review includes cases in which Lieff Cabraser plays a prominent role, and Law360 spoke directly with Lieff Cabraser’s Lexi Hazam. [Read more…]
