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Court lets class action against Bayer proceed
Class Action News | 2011/06/16 14:05

The Supreme Court will let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.

The high court on Thursday unanimously agreed to let Kevin Smith and Shirley Sperlazza's class-action lawsuit against Bayer go forward.

The 8th U.S. Court of Appeals had thrown out their lawsuit out after a federal judge overseeing multistate litigation against Bayer refused to let other West Virginians file a similar class-action lawsuit against the corporation.

The high court said that decision was incorrect.



Ohio judge says Ford must pay dealers $2B
Class Action News | 2011/06/11 06:35
Ford Motor Co. must pay nearly $2 billion in damages to thousands of dealerships in a 2002 class-action lawsuit that said the automaker violated dealer agreements, an Ohio judge ruled Friday.

Cuyahoga County Common Pleas Judge Peter Corrigan in Cleveland issued the ruling based on a Feb. 11 jury determination that the company overcharged dealers for commercial trucks over an 11-year period.

The $2 billion award covers more than 3,000 dealerships and about 474,000 trucks. It includes a judgment of about $781 million and about $1.2 billion in interest.

"In awarding the dealers the amount of money they overpaid for trucks, the jury verdict places ... the dealers in the financial position contemplated by the terms of the contract," said James Lowe, a Cleveland attorney for Westgate Ford Truck Sales Inc., a dealership in Youngstown that represents the class.

Ford's annual report, filed on Feb. 28, says the class action included all dealers who purchased a 600?series or higher truck from Ford from 1987 to 1997. It says the lawsuit accused the automaker of failing to reveal that price concessions were given to some dealers.


Coventry says court accepts $150.5M La. settlement
Class Action News | 2011/05/31 12:21
Coventry Health Care Inc. said Tuesday a court approved its $150.5 million settlement of a class action lawsuit that accused the health insurer of violating Louisiana laws.

The company will record a gain of $159.3 million, or 68 cents per share, in the second quarter because it set aside more money than it needed to cover the settlement. In July, a state appeals court affirmed a $262 million judgment against Coventry's First Health Group Corp. unit. In February the plaintiffs and Coventry agreed to settle the case for $150.5 million.

The lawsuit alleged that First Health Group violated notice provisions of Louisiana's Any Willing Provider Act related to the treatment of injured workers with worker's compensation claims.


Further Class Action Lawsuits Filed for Depakote Side Effects
Class Action News | 2011/05/08 15:49
The Consumer Justice Foundation, a free online resource for those who are struggling with legal or personal injury issues in relation to insurance companies and/or large corporations, hereby announces that Depakote class action lawsuits have been filed by plaintiffs in St. Clair County, Illinois against the manufacturer of Depakote, Abbott Laboratories. These Depakote lawsuits, which carry the case numbers of St. Clair County Circuit Court Case No. 10-L-651 and St. Clair County Circuit Court Case No. 11-L-143, respectively, seek damages for the classes of plaintiffs that would be used to compensate them for medical expenses incurred and future costs that will be incurred in caring for those who have been harmed as a result of using Depakote.

The Depakote class action lawsuits mentioned above involve claims regarding pregnant mothers who used Depakote while pregnant. Depakote is generally used by people in order to help them treat the symptoms of seizure disorders that include migraine headaches, epilepsy and the manic episodes associated with bipolar disorder.

Unfortunately, parents around the United States have claimed that using Depakote while pregnant can lead to the possibility of children of mothers who used this medication while pregnant being born with severe birth defects. Examples of these alleged Depakote birth defects have included spina bifida, neural tube malformations, heart defects and brain defects.

The lawsuits that have been filed against Abbott Laboratories claim that the company knew of the risks of the use of one specific active ingredient, known as valproic acid and its tendency to raise the risk of birth defects developing in children of mothers who ingested this substance during the early stages of a pregnancy.

These Depakote class action lawsuits further claim that Abbott Laboratories misled doctors and the public in general by downplaying these known risks, and that this downplaying of these potential risks led to the harm suffered by the children who were born with these birth defects. Plaintiffs in these Depakote class action lawsuits are seeking compensation for medical expenses and future costs of care.


Class Action Lawsuit Filed by Eagan Avenatti, LLP
Class Action News | 2011/02/14 10:04
Eagan Avenatti, LLP, a law firm specializing in consumer rights, filed a class action lawsuit earlier today in the United States District Court for the Northern District of Texas, Dallas Division (Case No. 3:11-cv-00248-M), alleging breach of contract, fraud and deceptive sales practices by Jerry Jones, the National Football League, the Dallas Cowboys Football Club and related defendants in connection with Super Bowl XLV held last Sunday in Arlington, Texas.

The complaint, which seeks compensatory damages of over $5 Million, claims that the unlawful acts of Jones, the NFL and the Cowboys resulted in approximately 400 fans who purchased tickets and traveled to the game being denied a seat, despite having spent thousands of dollars in tickets and travel expenses to attend the Super Bowl. The complaint also alleges that Jones and the Cowboys deceived Cowboys season ticket holders known as the “Founders” into paying $1,200 a seat for Super Bowl tickets that turned out to be temporary seats with obstructed views.

The “Founders,” who collectively account for over $100 Million in personal seat licenses sold to help fund construction of the stadium, each paid at least $100,000 per seat for their seat license, which the Cowboys and Jones promised would entitle them to the “best sightlines in the stadium” and the right to purchase a ticket to Sunday’s Super Bowl at face value. Instead, they arrived at the stadium Sunday to discover that they had been assigned to sit in obstructed view, temporary metal seats, which had only recently been installed in an effort to meet Jones’ goal of breaking NFL Super Bowl attendance records.

“You don’t have to own the Cowboys or run the NFL to know that you cannot lawfully treat people like this,” stated lead attorney Michael Avenatti. “At an absolute minimum, Jones, the Cowboys and the NFL need to accept full responsibility and reimburse fans one hundred percent for their expenses and damages. Anything short of that is a slap in the face to the fans of the NFL and the Cowboys.”



Super Bowl class action lawsuit is coming
Class Action News | 2011/02/11 16:52

As it scrambled to placate the 400 ticketholders who didn't get a seat to Super Bowl XLV, the NFL has a second group of angry fans on its hands.

Eagan Avenatti, LLP, a law firm specializing in consumer rights, launched an investigation into claims that the Cowboys deceived season ticket holders into buying $1,200 seats with obstructed views.

While the NFL took the blame for the 400 fans whose temporary seats weren't ready for Sunday's game, Avenatti took aim at Cowboys owner Jerry Jones.

"These season ticket holders are rightfully irate at Jones and the Cowboys," attorney Michael Avenatti said in a statement. "Jones sold the very fans that helped finance the construction of the stadium on the idea of attending the Super Bowl, took their money, and then put them in illegitimate seats with obstructed views. What team or owner on the planet would treat its best fans like this?"

Known as the "Founders," the fans helped finance the $1.2 billion stadium, contributing more than $100 million in personal seat licenses and another $3 million in annual season ticket sales. Each paid at least $100,000 in PSLs.

"We will get to the bottom of this," Avenatti said. "And when we do, I expect we will find that greed and ego had a lot to do with what happened."

Meanwhile, the NFL expanded its makeup offerings to the 400 fans who had tickets but didn't even get a seat on Super Sunday. The league's offering includes the option of a free ticket to next year's Super Bowl game plus a cash payment of $2,400 (triple the original face value of Sunday's ticket) or a ticket to a future Super Bowl, including next year's if so desired, plus round-trip airfare and hotel accommodations, but not the $2,400. They can wait until after the conference championship games each season to see whether their favorite team reaches the Super Bowl.



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