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Law Firm Group Seeks National Suit Against Toyota
Class Action News |
2010/02/11 17:16
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Lawyers with nearly two dozen firms around the country hope to consolidate their claims that Toyota Motor Corp.'s recalls have cost customers billions of dollars. P. Tim Howard, a Northeastern University law professor leading the group seeking class-action status for numerous existing lawsuits, said Wednesday that the more than 8 million vehicles recalled by Toyota have collectively lost more than $2 billion in resale value because of the recalls. Kelley Blue Book and other automotive guides have warned that the recalls begun in November are eroding the value of Toyotas. The car appraisal guide estimated Wednesday that the resale value of recalled cars and trucks will fall another 1.5 percent. That's on top of a drop of 1 percent to 3 percent Blue Book analysts forecast last week. Howard, who litigated against tobacco companies in the 1990s, also said he will seek damages for Toyota drivers who have decided not to use their recalled vehicles, although the value is more difficult to determine. |
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Investors file class action complaint against Toyota
Class Action News |
2010/02/09 16:39
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Toyota Motor Corp. was sued today in Los Angeles federal court for failing to disclose to investors that there was a major design defect in the automaker's acceleration systems. The proposed class action complaint, filed in U.S. District Court in downtown Los Angeles by a San Diego law firm on behalf of all purchasers of Toyota publicly traded securities, accuses Toyota, certain of its affiliates and certain of their officers and directors with violations of the Securities Exchange Act of 1934. The suit alleges that Toyota issued "materially false and misleading statements" regarding its operations and its business and financial results and outlook when the company knew it had a design problem. "Defendants misled investors by failing to disclose that there was a major design defect in Toyota's acceleration system, which could cause unintended acceleration," the lawsuit, filed by the firm Coughlin Stoia, alleges. "As a result of defendants' false statements, Toyota's securities traded at artificially inflated prices - reaching a high of $91.78 per share on Jan. 19." Toyota's stock price had fallen to $73.49 per share on Feb. 3. Toyota was also sued Friday in Los Angeles County Superior Court on behalf of all affected owners of the 2010-year Prius and the 2010 Lexus HS250h hybrid. Both models share the same braking system, which has been the object of consumer complaints. |
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Appeals court blocks FedEx class action
Class Action News |
2009/07/28 12:06
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A federal appeals court ruled Monday that a group of FedEx Corp. employees who claim the company failed to pay them for all hours worked cannot form a class action group.
A three-judge panel of the 11th Circuit Court of Appeals on Monday upheld a federal judge's decision to block the hourly employees from filing a class action lawsuit. The judge had ruled that the court inquiries into each employee's individual situation would "swamp" any of the group's common issues. The employees contend that FedEx has engaged in a "pervasive and long-standing policy" of failing to pay hourly employees for all time worked. FedEx hourly employees are required to manually enter their scheduled start, end and break times into a hand-held tracker. But employees also use time cards as a backup tracking method. The group claims they frequently worked during unpaid breaks. They also say they weren't paid for the gap periods between punching in or out on a time clock and when they actually started or finished work. For example, if an employee punched in at 7:45 a.m. but entered a start time of 8 a.m. into the tracker, there would be a 15-minute gap for which the employee would not be paid. A spokesman for FedEx wasn't immediately able to comment on the ruling Monday. |
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Court to consider whether to allow Vioxx lawsuits
Class Action News |
2009/05/26 13:34
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The Supreme Court will decide whether shareholders can sue pharmaceutical company Merck & Co. because of the failure of its former blockbuster painkiller Vioxx.
The high court agreed Tuesday to review Merck's challenge to a federal appeals court's reinstatement of a class-action securities lawsuit.
Investors had charged Merck with providing misleading information or omitting information about the risks of Vioxx. A U.S. District judge dismissed the November 2003 lawsuit, ruling that all the plaintiffs' claims were time-barred under the statute of limitation. But the 3rd U.S. Circuit Court of Appeals decided to allow the lawsuits and Merck appealed to the Supreme Court. Vioxx was pulled from the market Sept. 30, 2004, because it doubled risks of heart attack, stroke and death. That day alone, stockholders lost a collective $28 billion. |
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Class-action lawsuit over tobacco ads proceeds
Class Action News |
2009/05/20 15:45
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Consumers have the right to sue as a group over advertising they believe misled them into buying products, a divided state Supreme Court ruled Monday in reinstating a massive suit against the tobacco industry.
The 4-3 decision rejected business arguments that, if accepted, would have virtually prohibited class-action suits for false advertising by requiring proof that every plaintiff - millions of them, in some cases - had seen an allegedly deceptive ad and relied on it to make a purchase. The court majority said that evidence is required only for the single plaintiff or small group that represents the entire class. "This gives the consumers rights to protect themselves from fraudulent advertising," said Mark Robinson, a lawyer for the smokers who sued tobacco companies in 1997. The ruling could make California "the class-action capital of the country," retorted William Stern, a lawyer for business organizations and a co-author of Proposition 64, a 2004 ballot measure at the heart of the case. The suit accused the companies of waging a long advertising campaign that concealed cigarettes' addictive and harmful effects. Unlike individual suits over illnesses allegedly caused by tobacco company deception, the current suit seeks reimbursement of money spent by every Californian who bought cigarettes during the period covered by the case: June 10, 1993, to April 23, 2001. The case was filed under California's unfair-competition law, a far-reaching statute that lets private citizens sue on behalf of the general public over illegal business practices, including deceptive advertising. The law was narrowed by the business-sponsored Prop. 64, which requires a plaintiff to show that he or she had actually been harmed by the business practice. Prop. 64 did not say, however, how the new requirement would affect class actions, in which an individual or a small group sues on behalf of consumers in the same circumstances. The crucial question Monday was whether every member of the class must show harm from the challenged business practice, a virtual impossibility in most cases. |
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Lawyers blame engineer in 2005 Metrolink train crash
Class Action News |
2009/02/05 16:29
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Attorneys representing victims of a 2005 Metrolink train crash that killed 11 said this morning that they have uncovered new evidence that they believe shows the engineer was at fault for the accident.
The crash –- the second-deadliest in Metrolink history behind last September's incident in Chatsworth –- happened in the Glendale area after a train slammed into a sport-utility vehicle that had been left on the tracks. The engineer noticed the reflection of the vehicle when he was about three-quarters of a mile away, but he waited until he was only 800 feet from the point of impact before applying the train’s emergency brakes, according to attorneys. “He was duty-bound under the rules of Metrolink to put his train in emergency [braking],” attorney Jerome Ringler told reporters at a news conference. “Had he done so, there would have been no derailment.” Ringler said his accusation is corroborated by data from the train’s event recorder box. A spokesman for Metrolink, citing the pending civil case, said the agency had no comment on the allegations. The driver of the sport-utility vehicle, Juan Manuel Alvarez, was convicted of murder and sentenced in August to 11 consecutive life terms. Prosecutors argued that Alvarez had intended to kill passengers in a twisted effort to gain attention from his estranged wife. Ringler and attorney Brian Panish have filed a negligence lawsuit on behalf of a dozen victims against Metrolink. The case is scheduled to be heard in June in Superior Court. Panish said operator error was a factor in the Glendale-area crash and the Chatsworth catastrophe that killed 25. Federal safety investigators have said that preliminary evidence shows that the engineer in the Chatsworth crash sent and received dozens of text messages while on duty the day of the accident. The multi-agency probe, being led by the National Transportation Safety Board, is expected to take months to complete.
http://www.rkallp.com/metrolink-disaster-lawyers.html
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