Case Filings Alert™ reports on new cases filed in courts around the country, alerting you to significant new cases at the beginning of the litigation process, long before the case is settled or a decision handed down. For each case reported on, the full complaint and docket information are included, so you will be able to follow the case as it works its way through the litigation process and obtain documents filed in the case.
Case Filings Alert covers a wide range of civil litigation subjects including: antitrust/unfair trade, constitution, consumer fraud, cybersecurity, data privacy, environment, intellectual property, labor & employment, personal injury/product liability, securities, among others.
Editor: Robert S. Want (rwant@CaseFilingsAlert.com). Copyright © 2024 WANT Publishing Co. Other services include NationsCourts.com (comprehensive guide to the nation’s federal, state, and county courts), MDLCases.com (introduction to multidistrict litigation, and listing of pending MDL cases), and LegalEditor.com (editing, writing and proofreading services).
April 25, 2024 – Intellectual Property
Levi Strauss Sues Over Alleged Violation of Trademarked Tab
Levi Strauss has sued luxury fashion house Brunello Cucinelli in San Francisco federal court, accusing the Italian brand of infringing its trademarked rectangular pocket tab.
In its lawsuit, Levi provided 14 photos of Brunello Cucinelli clothing containing “nearly identical” copies of Levi’s tab, which the retailer said it trademarked in 1938.
Levi says that consumers will likely be confused, and it will likely lose sales and suffer “incalculable and irreparable damage” to its goodwill and reputation unless Brunello Cucinelli stops selling its infringing clothing. Levi notes that its repeated attempts to resolve the dispute without litigation were unsuccessful.
April 24, 2024 – Product Liability
Lawsuit Filed Over Alleged Toxic Metals in Baby Food Products
Walmart, Beech-Nut, and Gerber face a lawsuit filed in federal court in Las Vegas, Nev., alleging that a child’s autism diagnosis was caused by mercury, lead, and arsenic in defendants’ baby food products.
Plaintiff in the suit is a child who ingested defendants’ baby food products and as a result allegedly suffered toxic heavy metal exposures that caused or substantially contributed to plaintiff developing lifelong brain damage and other neurodevelopmental disorders.
In 2021, according to the complaint, a U.S. Congressional report documented that dangerous levels of lead, arsenic, cadmium, and mercury were found in a number of popular baby foods; and nearly two years later, reports suggest that toxic metals in baby food remain a “pervasive problem.” Plaintiff seeks to hold defendant manufacturers accountable for their “reprehensible conduct” and ensure they are punished for permanently affecting plaintiff’s ability to live a fulfilling life.
April 23, 2024 – Securities
SEC Charges Convertible Note Dealer for Failure to Register
The U.S. Securities & Exchange Commission has filed a lawsuit targeting defendants for allegedly entering into stock purchase agreements with penny stock companies as unregistered dealers.
The suit, filed in Miami federal court, contends that Adar Bays LLC and other defendants loaned cash to penny stock companies in order to convert large sums of “deeply discounted” stock and sell it on the market at a profit.
Defendants failed to register as securities dealers in connection with their convertible note financing business that involved obtaining and selling securities of over 100 microcap companies, according to the complaint. (Micro-cap stocks are defined as having a market capitalization between $50 and $300 million.) Defendants’ convertible note financing business, the complaint says, allowed the defendants to obtain a large number of shares of these microcap companies, which defendants then sold into the securities marketplace under circumstances that required the defendants to register with the SEC as securities dealers.
April 22, 2024 – Constitution
Parents of Mississippi Football Player Who Died Sue School District
The parents of a Mississippi high school football player have filed a lawsuit against the Rankin County (Miss.) School District after the teenager died following a collapse during football practice in 2022.
The teenager died from a cardiac arrhythmia after collapsing during an afternoon football practice, according to the complaint filed in federal court in Jackson, Miss. The parents accuse the school district of negligence and violation of their son’s due process rights under the 14th Amendment.
The complaint states that because it was the first day of practice, the football players had not gone through a two-week acclimatization to the heat, and the teenager, a 6-foot-1, 328-pound lineman, was at higher risk for heat exhaustion and heat stroke. “On the first day of practice,” the parents contend their suit, their son was required to do wind sprints for a lengthy period of time without any breaks. “[The school district] did not modify their practices in light of the conditions and did not suspend all conditioning during this period. [Their son] should not have been subjected to any conditioning on the first day of practice let alone at a time when the heat index was over 103 … [the school district’s] deliberate failures led to [the boy’s] preventable death.”
April 18, 2024 – Product Liability
Target Faces Lawsuit Over Bacterial Contamination that Allegedly Led to Vision Loss
A New York couple has filed a lawsuit against Target Corp. in Manhatton federal court, claiming that the company left on its store shelves eye drops that were known to be contaminated with bacteria, resulting in a severe eye infection.
According to the complaint, plaintiffs purchased UP & UP High-Performance Lubricant Eye Drops in April 2023, which were manufactured at the same factories in India linked to a massive eye drops recall first announced by the U.S. Food & Drug Administration in February 2023, after at least 55 reports were confirmed involving users who had suffered eye infections after exposure to bacteria in the eye drops, with several infections resulting in permanent blindness and at least one death from a severe bloodstream infection.
Plaintiffs say in their suit that Target continued to sell its eye drops manufactured in India for months after learning about the problems and did not warn consumers about the risk of bacterial contamination until at least November 2023, months after several other major retailers, including CVS, Walmart, and Rite Aid, had recalled their eye drops.
April 17, 2024 – Consumer Fraud
Bloody Mary Cocktail Mix Said to Be Not as ‘Preservative-Free’ as Advertised
A proposed class action filed in San Diego federal court claims the companies behind Mr & Mrs T Original Bloody Mary cocktail mix have misled consumers by advertising the product as preservative-free when, in fact, it contains the additive citric acid.
Although defendants “unequivocally and boldly” claim the bloody mary mix contains “No Added Preservatives,” the complaint says, the product’s ingredients list reveals the presence of citric acid — an additive commonly used as a preservative in foods and beverages.
Plaintiff argues in her lawsuit that the product’s label claim is misleading because citric acid functions as a preservative regardless of whether it is added for a separate purpose. Plaintiff further states that the alleged misrepresentation is meant to attract health-conscious consumers seeking products free from artificial or chemical additives like preservatives — consumers who are willing to pay premium prices for “clean” products that are perceived to be healthier than others.
April 16, 2024 – Labor & Employment
Twitter ‘Forced Out’ Female, Older Employees After Musk’s Acquisition, Lawsuit Claims
A former Twitter employee alleges in a proposed class filed in San Francisco federal court that new working conditions following Elon Musk’s acquisition of the company in October 2022 were designed to “force out” women and older workers.
After Musk completed his purchase of Twitter Inc. — now known as X Corp. — he quickly slashed about half of the company’s workforce, according to the complaint. Twitter’s first round of mass layoffs, the complaint says, disproportionately impacted female and older employees “to a statistically significant degree.”
Musk began implementing “unreasonable” policy changes that he knew would cause more female and older employees to leave than young, male workers, plaintiff argues in her suit. For example, plaintiff says, soon after the acquisition, Musk required employees to work 12-hour shifts seven days a week, and mandated that employees return to the office despite having been allowed to work remotely prior to the acquisition.
23andMe Accused of Failing to Notify Customers About Data Breach
The genetic testing company 23andMe Inc. failed to notify customers of a data breach in which their personal information was compiled into “curated” lists that were sold on the dark web, alleges a proposed class action filed in San Francisco federal court.
The lawsuit states that the breach, which took place over the course of five months beginning in April 2023, affected nearly seven million profiles. The suit notes that customers with Chinese and Ashkenazi Jewish heritage appear to have been specifically targeted, and that their personal genetic information had been compiled into specially curated lists that were shared and sold on the dark web.
According to the complaint, a hacker who called himself “Golem” and used an image of Gollum from the “Lord of the Rings” films as an avatar, leaked the personal data of more than one million 23andMe users with Jewish ancestry and 350,000 profile records of Chinese customers on the website BreachForums, an online forum used by cybercriminals. The data included the users’ full names, home addresses and birth dates.
April 11, 2024 – Antitrust
Sugar Producers Sued Over Alleged Price-Fixing Scheme
Major sugar producers, including United Sugar and Domino’s, were accused in a proposed class action filed in Manhattan federal court of artificially inflating the price of granulated sugar, forcing buyers to pay more for the sweetener.
Plaintiff in the lawsuit, KPH, a national provider of pharmaceutical and healthcare services, claims that defendants are violating antitrust law by sharing competitively sensitive non-public information about prices, volume, sales, and other metrics for granulated sugar. “There is no economically rational reason for [defendants] to share such information” other than to affect prices and avoid competition, plaintiff says.
The suit says victims of the alleged price-fixing conspiracy include food and beverage manufacturers, retailers, and food service companies. It seeks unspecified triple damages and an injunction against anticompetitive conduct.
April 10, 2024 – Consumer Fraud
J&J Accused of Fraud in Sale of ‘Preservative-Free’ Shampoo
Johnson & Johnson Consumer Inc. faces a proposed class action filed in Brooklyn federal court alleging that the company’s labeling and advertising of ‘preservative-free’ shampoo products is misleading because the products contain the preservative citric acid.
Citric acid is a well-known preservative commonly used in hair products, according to the complaint. Defendant’s “preservative-free” representation is featured on the products’ labeling in order to induce “health-conscious consumers to purchase hair care products that are free from preservatives,” the complaint says.
Plaintiff claims in her lawsuit that J&J markets its products in a “systematically misleading manner” by misrepresenting that they do not contain preservatives and has profited unjustly as a result of this deceptive conduct.
April 9, 2024 – Privacy
Lawsuit Claims Dating Site Unlawfully Retains Personal Information
Dating app Coffee Meets Bagel has been hit with a proposed class action filed in San Francisco federal court, claiming that the app retains subscriber photos in violation of Illinois Biometric Information Privacy Act (BIPA).
In his lawsuit, the plaintiff says that in accordance with the defendant’s account verification process, he submitted a “selfie,” which the defendant then used to create a biometric template of the user’s face. The defendant compares these biometrics to the photographs that users post on their online dating profiles to verify the identity of all Coffee Meets Bagel users.
The defendant then retains the selfies without proper notice or disclosure, in violation of the BIPA, according to the complaint. If the defendant’s database is hacked, the complaint says, users have no means to prevent identity theft or other unlawful or improper use of this “highly personal and private information.”
April 8, 2024 – Intellectual Property
George Carlin’s Estate Sues Creators of AI-Generated Comedy Special
The estate of comedian George Carlin has filed a copyright infringement lawsuit against Dudesy, the media company that used generative artificial intelligence to produce a fake hour-long comedy special that imitates the deceased star’s voice and comedic style.
According to the complaint filed in Los Angeles federal court, Carlin’s copyrighted materials and likeness were used without permission or appropriate licenses. The suit contends that the special is a “piece of computer-generated click-bait which detracts from the value of Carlin’s comedic works and harms his reputation.” The AI-generated special, George Carlin: I’m Glad I’m Dead, was released in January 2024 and has gained almost 500,000 views.
In the suit, Carlin’s estate is seeking the immediate removal and destruction of all copies of the comedy special, along with unspecified damages. The special, the complaint says, “is a bastardization of Carlin’s real work and his legacy.”
April 4, 2024 – Product Liability
HoMedics Massagers Said to Overheat While Charging, Posing Burn Risk
The maker of HoMedics Therapist Select Percussion Personal Massagers faces a proposed class action two weeks after recalling the devices due to concerns that their charging mechanism can overheat, posing a fire and burn risk.
The lawsuit, filed in federal court in Charleston, S.C., states that HoMedics and the U.S. Consumer Product Safety Commission recalled nearly 46,000 Therapist Select personal massagers nationwide in January 2024. The suit urges consumers to “immediately stop” using the product due to the risk that it could overheat while charging. HoMedics has received numerous reports of the “dangerously defective” product overheating, the suit says.
In her suit, plaintiff alleges that defendant defectively and negligently designed the recalled massagers and failed to ensure they functioned properly before releasing them to the public. “Thus, even when using the Massager as intended and instructed, Defendant put all consumers of the Massagers in danger by putting a defective product
into the stream of commerce,” plaintiff claims.
April 3, 2024 – Securities
ADP Accused of Fraud in Issuance of Simple IRAs
Human resources and payroll company Automated Data Processing Inc. and American Century Investments have been hit with a proposed class action alleging fraud in connection with the issuance of Simple IRA plans.
The lawsuit, filed in federal court in Fort Myers, Fla., contends that American Century Investments engaged in training unregistered and unlicensed workers to sell the plans, the funds for which were allegedly invested in the company’s mutual funds, which were sold at the Simple IRAs’ time of sale.
Along with its human resources and payroll services, ADP cross-sells retirement plans including SIMPLE IRAs, the funds for which are invested in American Century Investments’ mutual funds as selected and sold at the time of sale of the SIMPLE IRAs, according to the complaint. American Century Investments, the complaint says, “knew of and encouraged the use of unlicensed and unregistered personnel” to sell the plans and failed to provide their personnel with proper training and supervision.
April 2, 2024 – Consumer Fraud
Reynolds Wrap Aluminum Foil Not ‘Made in USA,’ Lawsuit Alleges
Reynolds Consumer Products LLC misleads consumers by saying the foil is “Made in USA” though much of the raw material and manufacturing comes from elsewhere, according to a proposed class action filed in Manhattan federal court.
Plaintiff claims in her suit that substantially all bauxite that Reynolds uses in its foil comes from outside the United States, adding that a substantial amount of this bauxite is transformed into aluminum outside the U.S.
This makes Reynolds’ “Foil Made in USA” claim on its packaging false and misleading to reasonable consumers because they “value buying products which are made in America” and therefore are willing to pay more, the complaint says. Plaintiff contends that she bought her foil at a Target because she trusted the Reynolds Wrap brand, calling it as familiar as Kleenex and Vaseline, and likes to “buy American.” She says she wouldn’t have done so had she known where her foil came from.
April 1, 2024 – Constitution
Freelancers Challenge Labor Dep’t Independent Contractor Rule
A group of freelance writers and editors has sued the U.S. Department of Labor, claiming that its new rule making it more difficult for companies to treat some workers as independent contractors is illegal and should be struck down.
According to a lawsuit filed in federal court in Gainesville, Ga, the rule is so vague that it violates the U.S. Constitution. In their suit, plaintiffs say the department failed to explain why it was abandoning a simpler rule favored by business groups.
That rule said the key factors in determining worker classification were the degree of control a company exercises over a worker and the worker’s opportunity for profit or loss. The new rule, the complaint says, looks at several additional factors including the permanence of a job, the degree of skill and initiative required, and whether work performed is integral to a company’s business. “Businesses are given no useful guidance on the scope of the [new rule] and cannot structure their conduct to comply with its demands,” plaintiffs argue.
March 28, 2024 – Environment
Environmentalists Seek to Block Proposed Trail Near Former Nuclear Facility
Environmental activists have filed a lawsuit against U.S. Fish & Wildlife and other federal agencies claiming they ignored potential health concerns when approving a public trail near the former Rocky Flats nuclear weapons production facility located outside Denver, Colorado.
The plaintiffs, including Physicians for Social Responsibility, the Rocky Mountain Peace & Justice Center, and other groups, seek to block the construction of an 8-mile trail through “the most heavily plutonium-contaminated portion” of the Rocky Flats National Wildlife Refuge.
In their suit filed in federal court in the District of Columbia, plaintiffs are challenging the agencies’ authorization of the trail, known as the Greenway Project, and their “fatally flawed” environmental and health assessments. According to the complaint, the assessments propelled the project forward despite evidence of plutonium five times higher than the regulatory limit found in the soil less than a year before Fish & Wildlife conducted their own analysis.
March 27, 2024 – Consumer Fraud
Health-Ade Faces Lawsuit That Claims Its Kombucha Contains PFAS
Beverage maker Health-Ade has been hit with a proposed class action alleging that several of its kombucha products contain toxic “forever chemicals,” also known as PFAS.
Plaintiff, in her lawsuit filed in federal court in White Plains, N.Y., claims that Health-Ade misleadingly markets its kombucha as a “health” product even though it tested positive for dangerously high levels of PFAS. According to the complaint, the PFAS were found in the company’s Ginger Pineapple Belly Reset, Mint Limeade, Cayenne Cleanse, Pomegranate Berry, and Strawberry Glow with bamboo extract and biotin products.
The suit contends that the company misleads consumers by not putting warnings on labels that the drinks contain PFAS, which are found in thousands of products and have been tied to many health issues, including cancer, hormonal dysfunction, and ulcerative colitis. Plaintiff says she would not have purchased the products had she known of the dangers they presented.
March 26, 2024 – Labor & Employment
Amazon.com Accused of ‘Retaliating’ Against Employees Who Take Sick Leave
Plaintiffs claim that they were wrongly terminated by Amazon.com during the time they were on approved medical leave, in a proposed class action filed in federal court in Newark, N.J.
Amazon maintains an electronic system that tracks the amount of medical leave an employee is entitled to under various state and federal laws, according to the complaint. When an employee requires use of approved medical leave, the complaint says, the employee would report the necessary time off on the Amazon app or call to report the time off.
Upon notification that an employee required time off for their approved medical leave, the system generates a confirmation email sent to the employee showing the amount of medical leave the employee has used and the employee’s remaining time left, plaintiffs say in their lawsuit. However, plaintiffs allege, Amazon has “repeatedly terminated employees for taking time off while on approved medical leave” despite receiving notification from defendant that they had time remaining for their approved medical leave, such conduct being a “blatant pretext for retaliation against these employees for requesting medical leave.”
March 25, 2024 – Intellectual Property
Chanel Claims Infringement of Its ‘World Famous’ Trademarks
Luxury fashion house Chanel alleges that defendants, which include various individuals and businesses, infringe on the company’s “multiple world-famous common law and federally registered trademarks.”
Defendants use e-commerce store names in tandem with electronic communication via private messaging applications and services to complete their offer and sale of counterfeit Chanel-branded products, according to the complaint filed in Miami federal court.
Specifically, the complaint says, consumers are able to browse listings of Chanel-branded products online via defendants’ e-commerce store names, ultimately directing customers to send inquiries, exchange data, and complete purchases via electronic communication with defendants. Like many other famous trademark owners, the company argues, “Chanel suffers ongoing daily and sustained violations of its trademark rights at the hands of counterfeiters and infringers” that wrongfully reproduce and counterfeit Chanel’s trademarks for the twin purposes of (i) duping and confusing the consuming public and (ii) earning substantial profits.
March 22, 2024 – Antitrust
Justice Dep’t Accuses Apple of Maintaining an iPhone Monopoly
The U.S. Department of Justice has joined 16 states and the District of Columbia in filing an antitrust lawsuit against Apple Inc., accusing the company of violating anti-monopoly laws with practices intended to keep customers reliant on their iPhones and less likely to switch to a competing device.
Apple prevented other companies from offering applications that compete with the company’s products, like its digital wallet, which could diminish the value of the iPhone and hurt consumers and smaller companies that compete with it, according to the complaint filed in federal court in the District of New Jersey.
“Each step in Apple’s course of conduct built and reinforced the moat around its smartphone monopoly,” the complaint alleges, adding that the company’s practices resulted in “higher prices and less innovation.” The Justice Department in its suit asks the court to stop Apple from engaging in current practices, including blocking cloud-streaming apps, undermining messaging across smartphone operating systems, and preventing the creation of digital wallet alternatives. The department also asks for Apple to pay an unspecified financial penalty.
March 21, 2024 – Constitution
Ohio Sued Over Social Media Parental Consent Law
NetChoice, a trade group representing TikTok, Snapchat, Meta and other major tech companies, has filed a lawsuit to block an Ohio law that would require parental consent for kids younger than 16 to join social media platforms.
The lawsuit, filed in federal court for the Southern District of Ohio, seeks to block the measure from going into effect, saying it violates the First Amendment. The suit argues that the law — which requires social media companies to obtain a parent’s permission for children under 16 to sign up for social media and gaming apps — unconstitutionally impedes free speech and is overbroad.
The law would also require social media companies to provide parents with company privacy guidelines so that families can know what content will be censored or moderated on their child’s profile.
March 20, 2024 – Product Liability
Defect in HALO BassiNest Flex Causes Infants to Roll While Sleeping, Lawsuit Alleges
A proposed class action filed in Manhattan federal court claims that the HALO BassiNest Flex is “dangerously defective” in that the infant sleeper can tilt when in use, which can cause a baby in the bassinet to roll from the center of the sleeping surface to the sidewall where their face can end up pressed against the mesh siding.
According to the complaint, defendant HALO promotes the bedside bassinet as a safe sleep space for babies up to five months old. Further, the complaint says, defendant emphasizes its purported commitment to safe sleeping with its trademarked “Back is Best” marketing slogan, indicating that it is safest for infants to sleep on their backs.
Plaintiffs argue in their suit that the defective design of the BassiNest Flex makes it impossible for buyers to follow these infant safe-sleeping precautions, which suggest that all babies sleep flat on their back on a clutter-free, flat and firm surface to prevent sudden infant death syndrome, suffocation, and strangulation.
March 19, 2024 – Antitrust
HP Faces Consumer Lawsuit Over Third-Party Ink Replacement
HP Inc. has been sued in a proposed class action filed in Chicago federal court claiming the company’s printers would not accept replacement ink cartridges made by other manufacturers, forcing consumers to pay artificially high prices for HP-branded cartridges.
HP’s actions violate U.S. and state antitrust laws in a bid to monopolize the market for replacement ink, plaintiffs say in their lawsuit that seeks an injunction barring the company from disabling printers unless they use HP-branded ink, and monetary damages of greater than $5 million.
Plaintiffs claim they were not told that automatic software updates from HP would disable some printers unless HP-branded ink was used. “Faced with non-functional printers, the plaintiffs were forced to purchase HP-branded ink that they would not otherwise have purchased,” the complaint says.
April 18, 2024 – Disability Act
Jewelry Store Website Said Not Accessible for Visually Impaired
Plaintiff, who says he is visually impaired and legally blind, is unable to access defendant’s website, in violation of the Americans with Disabilities Act (ADA), according to a proposed class action filed in Brooklyn federal court.
In his suit, plaintiff says that he requires screen-reading software to read website content on his computer, and defendant has failed to design its website, greatamericanjewelers.com, to be “fully accessible and independently usable” by blind or visually-impaired people. Defendant’s denial of full and equal access to its website constitutes a denial of the goods and services it offers — a violation of plaintiff’s rights under the ADA.
Congress, the complaint says, provides a “clear and national mandate” for the elimination of discrimination against individuals with disabilities. Such discrimination includes barriers to full integration, independent living, and equal opportunity for persons with disabilities, including those barriers created by websites and other public accommodations that are inaccessible to blind and visually impaired persons, the complaint says.
March 15, 2024 – Debt Collection
Financial Services Accused of ‘Unlawful and Abusive’ Debt Collection Practices
In a proposed class action filed in Las Vegas, Nev., plaintiff accuses collection agency Financial Services of America (FSA) of violating the Fair Debt Collection Practices Act in attempts “to unlawfully and abusively” collect a debt said to be owed by plaintiff.
According to the complaint, plaintiff allegedly incurred financial obligations to an original creditor, Travel Winds Vacation Travel Club, and defendant claims plaintiff fell behind in payments allegedly owed on the debt.
FSA sent plaintiff a “harassing letter” attempting to collect the debt, the complaint says, adding that the letter also failed to meet the notice requirements specified in the debt collections act. Plaintiff sent FSA a letter asking for the proper legal documents proving the validity of the debt. Defendant never responded, the complaint claims, but continued to send harassing debt collection notices to plaintiff. Defendant’s collection activities violated the act by utilizing “unfair and unconscionable means” in its attempts to collect the alleged debt from plaintiff, the complaint says.
March 14, 2024 – Intellectual Property
Infringement Action Involving Casino Gaming ‘Pragmatic Play’ Mark
In a trademark and cybersquatting infringement lawsuit, plaintiff accuses operators of Pragmaticplay.app and other websites of misappropriating the casino gaming software “Pragmatic Play” and “PPGames” marks in order to dupe consumers into seeing pay-per-click advertisements or downloading malware, or to distribute unauthorized copies of the plaintiff’s intellectual property.
Recent government reports highlight the prevalence of cybersquatting, associated trademark infringement, and attendant harm to consumers and brands, according to the complaint filed in federal court in Phoenix, Ariz. Cybersquatting actors, the complaint says, have grown more and more sophisticated with misuse of protected marks, beyond simply seeking to gain internet traffic intended for the mark holder. The launch of new top-level domains — e.g., .tools, .website, .live, .xyz, etc., as alternatives to the traditional generic top-level domains .com, .net, and .org) — has provided new opportunities for cybersquatters to misuse and abuse protected marks for their own gain.
Plaintiff says in its suit that today’s cybersquatters engage in bad acts, including leveraging trademark recognition to distribute computer viruses or “malware,” to collect visitors’ personal information for inappropriate or illegal uses, to generate revenue by displaying pay-per-click advertisements related to the legitimate site or, in the case of many of defendant domain names, to display counterfeit versions of brand owners’ goods or services.
March 13, 2024 – Product Liability
Lawsuit Claims CooperSurgical IVF Solution Killed Embryos
A couple has sued fertility technology company CooperSurgical, claiming that a solution made by the company for growing embryos for in vitro fertilization was toxic and killed the embryos plaintiffs hoped to use to have children.
In a lawsuit filed in Superior Court in Los Angeles, plaintiffs say CooperSurgical, one of the largest fertility technology companies worldwide, belatedly recalled several lots of its so-called embryo culture medium late last year, after the embryos were lost. They say the company has not made any public statement about the recall, leaving fertility patients in the dark.
In vitro fertilization uses eggs and sperm to create embryos and then grows them in the culture medium until they are implanted in the uterus. The plaintiffs’ fertility doctors were “shocked,” according to the complaint, when embryos stopped growing soon after being placed in the culture medium. The suit accuses the company of defective design and manufacture, failure to warn and negligence, and seeks unspecified money damages.
March 12, 2024 – Consumer Fraud
AMC’s Online Ticket Convenience Fee ‘Swindles Substantial Sums’ From Consumers, Lawsuit Alleges
A proposed class action claims AMC Entertainment Holdings Inc. has unlawfully failed to include a “convenience fee” in the stated total cost of a movie ticket at the beginning of the online purchase process.
The lawsuit filed in Manhattan federal court alleges the owner of the AMC Theatres chain has violated the New York Arts and Cultural Affairs Law, which requires operators of places of entertainment to disclose the total price of a ticket, including any additional fees, before the ticket is selected for purchase. In addition, the suit says, the state law bars such companies from increasing ticket costs during the checkout process.
“Because New York is a busy place, and because these fees are only flashed after a movie-goer selects their seats, [AMC] can plausibly put its customers on a shot clock and tell them they need to decide quick, because [AMC] cannot hold their seats open forever,” plaintiff alleges in her suit. “This cheap trick has enabled [defendant] to swindle substantial sums of money from its customers.”
March 11, 2024 – Cybersecurity
Fidelity National Financial Accused in Data Breach Affecting ‘Millions of Customers’
Fidelity National Financial, one of the nation’s leading providers of title insurance, has been named in a proposed class action filed in federal court in Jacksonville, Fla., alleging that Fidelity was negligent in a cyberattack that exposed the personally identifying information (PII) of millions of consumers.
In November 2023, according to the complaint, Fidelity “lost control over its computer network and the highly sensitive personal information stored on the computer network in a data breach by cybercriminals.” The breach, the complaint says, exposed the PII of 1.3 million thousand consumers.
Plaintiff claims in his lawsuit that cybercriminals were able to breach Fidelity’s systems because the company failed to adequately train their employees on cybersecurity, failed to adequately monitor their agents, contractors, and suppliers in handling and securing the PII of plaintiff and class members, and failed to maintain reasonable security safeguards or protocols to protect PII — “rendering them easy targets for cybercriminals.”
March 8, 2024 – Securities
SEC Charges Florida Real Estate Developer With $93 Million Fraud Scheme
The Securities & Exchange Commission has obtained an asset freeze and other emergency relief concerning an alleged $93 million real estate investment fraud perpetrated by Miami-based developer Rishi Kapoor.
From approximately January 2018 until at least March 2023, according to the complaint filed in Miami federal court, defendants Kapoor and certain other entities solicited investors by misrepresenting Kapoor’s compensation, the corporate governance of defendant entities, the use of investor funds, and Kapoor’s background.
The SEC says its investigation uncovered that Kapoor allegedly misappropriated at least $4.3 million of investor funds and improperly commingled approximately $60 million of investor capital among other entities named in the complaint. The complaint also alleges that Kapoor caused some entities to pay excessive fees and to represent higher returns to investors by significantly understating cost estimates.
March 7, 2024 – Product Liability
Poland Spring Water Bottles Contain Harmful Microplastics, Lawsuit Alleges
A proposed class action filed in Brooklyn federal court claims Poland Spring bottled water is not “100% Natural Spring Water” as advertised since the bottles contain dangerous levels of synthetic phthalates and microplastics.
According to the complaint, there is no safe level of consumption for phthalates, a synthetic chemical used to increase the flexibility, durability, and longevity of plastics in foods and beverages. Further, the complaint says, every bottle of Poland Spring water is contaminated with microplastics, which are tiny fragments of plastic that studies have found may be toxic to human health and have become a pervasive problem in the bottled water industry.
Plaintiff alleges in her lawsuit that defendant BlueTriton Brands has profited by falsely claiming Poland Spring bottled water is “100% Natural Spring Water,” leading reasonable consumers to believe they are getting “a bottle of nothing but spring water from nature.” As a result, plaintiff argues, consumers are willing to pay more than they would pay for other comparable products that are not falsely labeled.
March 6, 2024 – Antitrust
NFL Teams Said to Conspire to Dominate Online Market for League-Licensed Merchandise
A proposed class action filed in Manhattan federal court alleges that the NFL, its 32 teams, and online retailer Fanatics have unlawfully colluded to prevent competition in the online retail marketplace for league-licensed merchandise.
In his lawsuit, plaintiff alleges that National Football League Properties Inc., the NFL subsidiary responsible for collectively licensing all 32 teams’ intellectual property, exists solely as a mechanism to keep each team from competing against one another in the licensing of their trademarks to manufacturers and retailers, causing consumers “to pay more than they otherwise would have for their purchases.”
According to the complaint, the NFL and its 32 teams, rather than compete individually, use National Football League Properties to set one price for licenses, choose who will be a licensee, and decide minimum guarantees and licensing terms. In a competitive market, the complaint says, each individual team “would make each of these decisions for itself.” Overall, the 32 teams have jointly formed “a cartel” to organize the licensing of their logos, names, trademarks, and other intellectual property, utilizing “collusive marketing agreements [to] disincentivize competition among themselves,” the complaint claims.
March 5, 2024 – Labor & Employment
Sun Country Deprived Pilots of 401(k) Contributions During Military Leave, Lawsuit Claims
Sun Country Airlines Inc. failed to contribute to plaintiffs’ retirement accounts when they were on military leave, as required by federal law, alleges a proposed class action filed in Minneapolis federal court.
The lawsuit states that under federal law and the terms of Sun Country’s 401(k) profit-sharing plan, employees on military leave are entitled to receive pension contributions equivalent to what they would have received had they not been serving in the armed forces. However, according to the complaint, Sun Country has been skirting this obligation since at least 2019.
In their suit, plaintiffs, who are based out of the Minneapolis-Saint Paul International Airport in Minnesota, claim they received zero 401(k) contributions from Sun Country each time they took their respective military leaves. “When an employee is absent for military service, they are unable to log hours that they would have logged had they not been absent,” the complaint says. “Sun Country’s policy or practice is to make no plan contributions based upon these ‘unlogged’ hours to the employee’s account.”
March 4, 2024 – Privacy
Zappos.com Accused of Illegally Tracking Website Visitors Using ‘Spyware’
Online retailer Zappos.com has illegally used “spyware” to surveil website visitors’ browsing habits without their knowledge or consent, alleges a proposed class action filed in Los Angeles Superior Court.
Zappos has deployed “pen register” software on its website to secretly capture users’ IP addresses, according to the complaint. The company’s alleged collection of IP addresses, the complaint says, allows it to determine users’ identities, obtain a significant amount of personal information about them, and compile a detailed picture of their online activities.
The complaint describes a pen register as a program that records outgoing “dialing, routing, addressing or signaling information” from a target phone or computer without revealing the actual contents of the communication. Pen registers, the complaint says, have been traditionally used by law enforcement to acquire lists of phone numbers dialed from a particular telephone for investigative purposes.
February 29, 2024 – Consumer Fraud
DreamBone Petfood Not Made Predominantly with Real Meat, Lawsuit Alleges
A proposed class action alleges that DreamBone Dream Kabobz pet food made by Spectrum Brands is not made predominantly with meat as advertised.
The lawsuit, filed in federal court in Sacramento, Calif., says that although DreamBone Dream Kabobz is labeled as “made with real chicken, pork & duck,” the product’s more prominent ingredients include glycerin and sorbitol, a sugar substitute, and “binding agents.” The pet food, the suit argues, “is a far cry from the quality product made predominantly with real meat and wholesome vegetables.”
Consumers have relied on Spectrum Brands’ deceptive product labeling to their detriment and would not have bought the rawhide-free chews, or would have paid much less for them, had they known real meat and vegetables were not the predominant ingredients, according to the complaint. The claim “made with real chicken, pork & duck” is accompanied on product packaging by images of the meats, leading reasonable consumers to believe they are buying a pet item made primarily from meat, the complaint says.
February 28, 2024 – Labor & Employment
Former Detroit Tigers Scouts Sue Over Alleged Age Discrimination
A pair of former Detroit Tigers scouts, in their late 60s, have sued the team in Detroit federal court, alleging age discrimination over their terminations after the 2020 season.
Plaintiffs claim in their lawsuit that a shift in baseball scouting toward data analytics was accompanied by a “false stereotype” that older scouts lacked acumen for newer scouting tools. In doing so, the team violated federal and state age discrimination laws, plaintiffs contend.
“Plaintiffs are among hundreds if not thousands of employees to be separated from employment with defendant in the last eight years as a result of a decision by the defendant and [Major League Baseball] to replace older employees with younger employees,” according to the complaint. MLB has begun heavily recruiting younger scouts, the complaint says, intentionally pushing out older scouts based on the “false stereotype that older scouts lacked the ability to use analytics and engage in video scouting with the same acumen as younger scouts.”
February 27, 2024 – Constitution
New York State Foreclosure Law Challenged as Unconstitutional
A New York resident alleges that the state unjustly took her property using its foreclosure law that she calls unconstitutional.
in a proposed class action filed in federal court in Buffalo, N.Y., plaintiff says that her home was foreclosed by Saratoga County due to unpaid taxes; and then the county sold her property to the state at auction for $112,100, producing a surplus plaintiff claims was “above and beyond the amount lawfully owed by plaintiff for delinquent taxes and charges.”
New York never returned the excess to her, plaintiff claims, which violates the Fifth Amendment of the U.S. Constitution’s taking clause. “The Constitution’s Taking Clause prohibits the ‘taking of property without just compensation,'” plaintiff says, adding that “The prohibition is not against states enacting laws to collect taxes and other obligations, which is permitted to satisfy the citizen’s taxes. It is against taking more than is owed, as is happening in this case.”
February 26, 2024 – Cybersecurity
Healthcare Software Provider Faces Lawsuit Over Cyberattack
ESO Solutions Inc. has been hit with a proposed class action over a cyberattack announced in December 2023 that allegedly impacted the personal data of approximately 2,700,000 individuals.
The lawsuit, filed in federal court in Austin, Texas, says the data breach experienced by the company — which provides data management software to emergency medical services, fire departments, and hospitals — has potentially compromised individuals’ names, dates of birth, Social Security numbers, and medical treatment information.
The suit alleges that the ransomware attack and resultant disclosure of confidential data stemmed from the company’s negligent cybersecurity protocols. “By implementing and maintaining reasonable safeguards and complying with standard data security practices, [ESO] could have prevented this Data Breach,” the complaint contends. And although the defendant purports to have detected the incident in late September 2023, it waited until mid-December — nearly three months later — to notify impacted individuals.
February 22, 2024 – Negligence
Uber Assault Lawsuit Says Company Endangers Women and Girls
Plaintiff claims in San Francisco federal court that she was sexually assaulted by her Uber driver, and the company could have prevented the assault through various precautions that would have been employed if it valued the safety of women and girls using the service.
According to the complaint, plaintiff was getting a ride home and having a conversation with the Uber driver, when he suggested she move to the front seat to continue talking. And when the vehicle entered plaintiff’s neighborhood, the complaint says, the driver then forced himself on her and raped her in his vehicle.
Plaintiff contends in her suit that although Uber implemented “Safe Ride Fees” in 2014, the company never used that money to actually make its passengers safer, providing only cursory background checks for Uber drivers. In addition, plaintiff says, the company also failed to provide surveillance cameras inside of cars, did not allow passengers to make requests regarding the gender of drivers, and failed to train drivers on issues of sexual assault and harassment.
February 21, 2024 – Intellectual Property
Nike Alleges Defendant ‘Brazenly’ Sells Counterfeit Nike Products
Nike Inc. has filed a trademark infringement lawsuit against Eben Fox, a social media influencer who allegedly promotes and sells counterfeit Nike products.
Defendant Fox “brazenly promotes and sells counterfeit Nike goods on his various social media channels,” according to the complaint filed in federal court in Tampa, Fla. Defendant “apparently believes he can engage in this illegal conduct with impunity,” the complaint says.
Nike says in its suit that defendant provides advice and step-by-step instructions on how to purchase counterfeit goods from overseas, and partners directly with overseas counterfeiters and service providers, such as the shipping agent platform, PandaBuy, to promote their counterfeit goods and related services.
February 20, 2024 – Labor & Employment
California Supermarket Chain Said to Unlawfully Ask Job-Seekers About Their Criminal Histories
The California Civil Rights Department has sued Ralphs supermarket chain in Los Angeles county court, alleging that the chain violated state law by asking job-seekers whether they had criminal records, and illegally rejecting hundreds of applicants.
The department contends in its lawsuit that Ralphs Grocery Co. “has ignored and continues to ignore” the California Fair Chance Act “by screening out otherwise qualified applicants on the basis of criminal histories that do not have any adverse relationship with the duties of the job for which they were applying.”
The law, which took effect in 2018, was designed to reduce the chance of ex-convicts reoffending by giving them opportunities to earn a living, according to the complaint. In general, the complaint says, employers with five or more workers can’t ask applicants about their criminal histories before making job offers, and must follow specific procedures for rejecting them. Further, the law says employers can’t rescind a job offer if the applicant’s conviction wouldn’t directly affect job responsibilities.
February 15, 2024 – Consumer Fraud
Coca Cola Alleged to Falsely Advertise Minute Maid as ‘Healthy’
Coca-Cola faces a proposed class action in Brooklyn federal court over the company’s marketing and sale of Minute Maid juice products.
The lawsuit accuses Coca-Cola of misleading customers with representations that Minute Maid juice is “Good for You” and “Part of a Healthy, Balanced Diet.”
These statements, according to the complaint, are false because consuming fruit juice has been shown to increase the risk of heart disease, type 2 diabetes and other chronic illnesses.
February 14, 2024 – Environment
Wildlife Groups Sue BNSF Railway Over Grizzly Bear Killings
Two wildlife conservation groups have filed a lawsuit against BNSF Railway over delays in finalizing a plan to reduce the number of federally protected grizzly bears that are killed by trains in northwestern Montana and northern Idaho.
WildEarth Guardians and the Western Environmental Law Center filed the lawsuit in federal court in Missoula, Mont., arguing that BNSF and other railroads that use their tracks, including Amtrak, have been killing grizzly bears without an incidental take permit for decades.
According to the complaint, such permits, required under the U.S. Endangered Species Act, allow a certain number of protected animals to be killed in exchange for efforts by a company to try to reduce the deaths. The railroad’s first efforts to obtain an incidental take permit began in 2004, the complaint says, and have still not been completed nearly 20 years later.
February 13, 2024 – Constitution
Wisconsin Lawyers’ Bar Sued Over Diversity Clerkship Program
A conservative legal advocacy group has sued the State Bar of Wisconsin, claiming its diversity fellowship program for law students violates the free speech rights of bar members whose dues are used to fund it.
The lawsuit was filed in Milwaukee federal court by the Wisconsin Institute for Law & Liberty on behalf of plaintiff, a Wisconsin attorney. Plaintiff contends that he should not have to pay for the state bar’s fellowship program because it is unconstitutional and not germane to the core functions of the bar.
Mandatory dues for what the plaintiff claims is an illegal program violates his First Amendment rights under the U.S. Constitution, according to the complaint. The State Bar has modified the program criteria with race-neutral language that invites applicants “with backgrounds that have been historically excluded from the legal field,” the complaint says, adding that the change did not make the program legal. The program “was founded with an intent to discriminate based on race,” plaintiff argues, “and that intent continues to shape and govern the program today, as is evident from the program enrollment.”
February 12, 2024 – Consumer Fraud
Ozempic ‘Serious Side Effects’ Concealed By Novo Nordisk, Lawsuit Claims
Novo Nordisk has engaged in a “massive campaign” to conceal information about the risk of gastroparesis (paralysis of the stomach) from Ozempic, by providing false and misleading information to consumers about side effects linked to the drug, alleges a lawsuit filed in Philadelphia federal court.
Ozempic was initially approved for the treatment of people with Type 2 diabetes, according to the complaint. However, amid “aggressive advertisements that promoted the weight loss benefits,” Ozempic has been increasingly prescribed as a diet drug, the complaint says, noting that the drug has become a “blockbuster treatment” now used by millions. In her suit, plaintiff claims that she developed severe nausea and vomiting, as well as difficulty swallowing and rectal bleeding while using Ozempic on a weekly basis.
Although advertisements promote the drug as safe and effective, with few long-term side effects, there have been rising concerns over long-term gastrointestinal issues linked to the medication, plaintiff contends. “Throughout the marketing, Defendants fail to disclose the true serious side effects of Ozempic. Defendants also fail to disclose on their label and patient brochure … that in order to maintain any weight loss, the patient must stay on the drug permanently or most patients will regain most of the weight within one year and virtually all weight will be regained within five years.”
February 8, 2024 – Privacy
Lawsuit Alleges ‘Relentless’ Telemarketing Calls from Timeshare Exchange Company
A proposed class action has been filed against timesharing company RCI LLC in which plaintiff claims to have received numerous unsolicited telemarketing calls from the company despite her phone number being listed on the National Do Not Call Registry.
The lawsuit, filed in federal court in Rome, Ga., alleges that RCI violated the federal Telephone Consumer Protection Act (TCPA) when it made repeated calls to plaintiff in spite of the fact that her cellphone has been on the National Do Not Call Registry since February 2007. Plaintiff says in her suit that during some of the unsolicited calls, she informed the representative that she was on the National Do Not Call list and asked them not to contact her again. However, plaintiff says, the unwanted calls continued despite her repeated requests.
The TCPA prohibits companies from making telemarketing calls to individuals whose phone numbers are listed on the National Do Not Call Registry, according to the complaint. The law also requires businesses to keep a written policy for maintaining an internal do-not-call list and bars companies from contacting consumers who request to be on it, the complaint says. Plaintiff contends that RCI’s “relentless marketing practices” prove the company had no internal do-not-call policies when it repeatedly contacted her.
February 7, 2024 – Securities
SEC Charges Titanium Capital With Ponzi Scheme
The U.S. Securities & Exchange Commission has charged Florida-based Titanium Capital LLC and its founder, Henry Abdo, with operating a Ponzi scheme that raised at least $5.3 million from more than 160 retail investors in the U.S. and abroad.
According to the complaint, since 2014 Abdo and Titanium falsely claimed that Titanium placed investor funds in a “Multi Currency Investment Fund” backed by a proprietary currency exchange and that the investment had never had a monthly loss and generated large returns for investors, including up to 102 percent compounded interest for a five-year investment.
In recruiting investors, defendants allegedly claimed that Titanium was registered with the SEC. However, the complaint says, neither Titanium nor the offer or sale of its securities was so registered, and there was no evidence that a proprietary currency exchange even existed. The SEC says in its lawsuit that defendants used virtually all investor funds to make Ponzi-style payments to earlier investors and divert funds for Aldo’s personal use.
February 6, 2024 – Product Liability
Instant Pot Lawsuit Filed Against Walmart After Pressure Cooker Explosion
Plaintiff alleges in her suit that she suffered “painful and disfiguring burns” when an Instant Pot exploded, after safety features failed and allowed the lid to be removed while the contents were still pressurized and cooking.
In her action filed in federal court in the Western District of Arkansas, plaintiff says that Walmark placed profits ahead of consumer safety by continuing to sell Instant Pot pressure cookers to consumers, despite knowing about dangerous design defects that may cause serious injuries.
According to the complaint, plaintiff purchased an Instant Pot DUO 8-Quart Electric Pressure Cooker from a Las Vegas Walmart. The product, the complaint says, lacked safety features that should have prevented the lid from being removed until all internal pressure was released from the pot. And as a result of these defects, the pressure cooker lid exploded off the device, causing plaintiff to be sprayed with “scalding hot contents that were forcefully ejected from the Instant Pot.”
February 5, 2024 – Debt Collection
Lawsuit Accuses Debt Collector of Unlawful Practices
A proposed class action filed in federal court in White Plains, N.Y., claims debt collector the CBE Group Inc. “unconscionably” charges fees and interest on underlying debt without providing the pertinent information in collection communications.
The alleged debt in question, according to the complaint., is a Verizon Wireless bill that the company asked CBE to collect from plaintiff. CBE then sent plaintiff a letter informing him that the balance due was $141.88. But the letter, the complaint says, did not contain any statements regarding additional fees or interest that were accumulating on the balance.
Plaintiff argues in his lawsuit that “Continuing to add fees and interest to a balance without disclosing that information in a collection communication is a misrepresentation of the character, amount, and legal status of the debt,” Defendant violated the Fair Debt Collection Practices Act, plaintiff alleges, when it made misrepresentations regarding the amount and legal status of the Verizon debt by failing to disclose that the balance may increase because of fees and interest.
February 1, 2024 – Consumer Fraud
Target’s Apple Bars Falsely Labeled as “Naturally Flavored,” Lawsuit Alleges
Target’s Market Pantry brand apple cinnamon breakfast bars are misleadingly labeled as “naturally flavored” when in fact the source of the apple taste in the bars is actually malic acid, claims a proposed class action filed in federal court in Orlando, Fla.
According to the complaint, “Consumer desire for naturally flavored products is an emerging trend.” And to capture this trend, the complaint says, Target Corporation sells cereal bars under the Market Pantry brand that purport to be filled with apples, cinnamon and natural flavoring,
Plaintiff contends in her suit that this labeling is false and misleading because despite the statements of “Naturally Flavored Apple Cinnamon [Soft Baked Breakfast Bars]” and “Made With Real Fruit Filling” plus a green stripe at the bottom of the package and pictures of three fresh green apple slices and two cinnamon sticks, the product contains artificial flavoring ingredients to simulate its apple taste.
January 31, 2024 – Securities
GM Said to Mislead Investors and Public on Safety of Airbags
General Motors Co. and two of its top executives downplayed concerns about airbags in its vehicles and misled the public about the safety of its autonomous vehicle (AV) technology, alleges a shareholder class action filed in Detroit federal court.
GM allegedly misrepresented the safety issues for nearly two years, even in the wake of multiple recalls due to defective airbag components, according to the complaint. The company’s Cruise LLC unit, which focuses on driverless technology, has secured testing and driving permits on the false assumption that its AV technology, including its airbag components, were sufficiently safe for wider commercialization, the complaint says.
Plaintiffs states in his lawsuit that GM’s products have been the subject of multiple recalls because of defective airbag components in its vehicles, exposing the company to various global lawsuits. Nevertheless, plaintiff claims, GM has consistently “downplayed safety concerns related to its vehicles’ airbags,” while touting the company’s efforts to identify and address perceived defects with the airbag inflators, the result being that Cruise’s AVs technology was less safe and well developed than GM had led investors, regulators and the general public to believe.
January 30, 2024 – Privacy
Rumble Accused of Unlawfully Sharing Users’ Personal Information
Rumble, a video-sharing website, faces a proposed class action filed in Miami federal court, accusing the company of violating the Video Privacy Protection Act (VPPA).
The VPPA was enacted, according to the complaint, “to preserve personal privacy with respect to the rental, purchase, or delivery of video tapes or similar audio-visual materials.” Rumble embedded within its website a “Meta Pixel” that was provided by Facebook, the complaint says. This pixel tracked plaintiff’s and the class members’ video viewing history while on the Rumble website and reported the viewing history to Facebook.
Rumble shared this video viewing history without providing notification required by VPPA, plaintiff claims in his lawsuit, and in doing so caused plaintiff and class members “concrete harm and injuries, including violations of their substantive legal privacy rights under the VPPA and invasion of their privacy.”
January 29, 2024 – Product Liability
Nissan Vehicles Have ‘Seriously Defective’ Paint Job, Lawsuit Alleges
In a proposed class action filed in Nashville federal court, plaintiff alleges Nissan vehicles have a “serious defect” in the vehicles’ paint that causes discoloration and peeling.
This defect, according to the complaint, has resulted in “unsightly discoloration,” and as a result has caused a substantial decline in the resale value of the vehicles. Plaintiff alleges in her lawsuit that despite knowledge of this defect and previous litigation regarding the issue, Nissan has “failed to disclose the existence of the defect to purchasers of its vehicles and has also refused to provide repairs that it otherwise promises under its new vehicle warranty.”
Plaintiff says that purchasers of an automobile have a “reasonable expectation” that the paint on their vehicles will generally last throughout the vehicle’s lifetime. However, plaintiff contends, defendant has manufactured and sold vehicles with defective paint, resulting in the paint fading and peeling, which creates an unacceptable appearance. “Not only does the vehicle become unsightly, the defective paint/paint application also exposes the body of the vehicle and increases its susceptibility to corrosion and rust.”
January 25, 2024 – Constitution
Woman in Kentucky Sues for Right to Get an Abortion
A pregnant woman in Kentucky has filed a lawsuit demanding the right to an abortion, saying that the state’s near-total prohibition of abortion violates her rights to privacy and self-determination under the state constitution.
The plaintiff, identified in the suit as Jane Doe, at the time of the filing was about eight weeks pregnant. She wants to have an abortion in Kentucky but cannot legally do so because of the state’s ban, she says. The suit was filed in state court (Jefferson Circuit Court), and plaintiff is seeking class-action status to include other Kentuckians who are or will become pregnant and want to have an abortion.
“Kentucky women are suffering “medical, constitutional and irreparable harm” by being denied the right to obtain an abortion, according to the complaint. “Abortion is a critical component of reproductive healthcare and crucial to the ability of Kentuckians to control their lives,” the complaint says, adding that “Whether to take on the health risks and responsibilities of pregnancy and parenting is a personal and consequential decision that must be left to the individual to determine for herself without governmental interference.”
January 24, 2024 – Antitrust
NCAA Faces Lawsuit Challenging College Athlete Transfer Rule
A lawsuit filed by a group of states alleges that the National Collegiate Athletic Association’s “one-year delay” transfer rule for college athletes violates antitrust law.
The lawsuit, filed in federal court in Clarksburg, W.Va., challenges the NCAA’s authority to impose a one-year delay in the eligibility of certain athletes who transfer between schools. The rule “unjustifiably restrains the ability of these college athletes to engage in the market for their labor as NCAA Division I college athletes,” the suit claims.
According to the complaint, NCAA rules allow underclassmen to transfer once without having to sit out a year. But an additional transfer as an undergraduate generally requires the NCAA to grant a waiver allowing the athlete to compete immediately. Without it, the athlete would have to sit out for a year at the new school.
January 23, 2024 – Consumer Fraud
Balance of Nature Exaggerates Health Benefits of Dietary Supplements, Lawsuit Alleges
A proposed class action filed in Brooklyn federal court accuses Balance of Nature of being “purposely deceptive” regarding the efficacy and health benefits of its Fruits, Veggies and Fiber & Spice dietary supplements.
The lawsuit says that Balance of Nature makes “unsubstantiated, false, and/or misleading claims” with respect to the products’ health benefits, including representations that the supplements can mitigate, treat or cure symptoms of severe conditions like diabetes, arthritis, influenza, fibromyalgia, heart disease and cancer.
For example, according to the complaint, defendant states on the Fiber & Spice label that the supplement is proven safe and effective for diabetics” and can lead to improved insulin function. The product, the complaint says, is also advertised as containing certain chemicals that possess anti-inflammatory properties that can purportedly treat symptoms of arthritis.
January 22, 2024 – Civil Rights
Female Athletes Accuse Univ, of Oregon of Sex Discrimination
Thirty-two female student-athletes have accused the University of Oregon of Title IX violations in women’s beach volleyball and club rowing.
Title IX of the Civil Rights Act requires equal athletic opportunities for male and female athletes. The Oregon athletic department failed to provide “equal treatment, equal athletic financial aid, and equal opportunities to participate in varsity athletics,” including inadequate scholarship money and practice facilities, according to the proposed class action filed in federal court in Eugene, Ore.
In their lawsuit, plaintiffs seek to hold Oregon accountable for discriminating against all of its female student-athletes and potential student-athletes, and make Oregon pay damages to the women it has deprived of equal opportunity.
January 18, 2024 – Intellectual Property
Lawsuit Challenges Major League Baseball Use of Bar Code Patent
Plaintiff who holds a patent on dynamic barcodes wants Major League Baseball (MLB) to pay for allegedly scalping his invention,
The MLB app in question, according to the complaint filed in Manhattan federal court, uses constantly changing codes to prevent digital ticket fraud. Prior to plaintiff’s invention, the complaint says, the most widely used technology was static barcoded tickets to provide access to a physical location or service. Frequently, these static barcoded tickets were screen shot and used fraudulently.
Plaintiff claims in his suit that his invention “solved this major problem and makes the digital ticket secure.” To eliminate the multiple use of the same ticket, plaintiff says, event organizers introduced his dynamic digital changing barcode technology so that, via a remote or connected scanner, in real-time no one can get in but the actual digital ticket holder.
January 17, 2024 – Cybersecurity
Dollar Tree Sued Over Alleged Negligence in Regard to Data Breach
Dollar Tree Corp. (which includes Dollar Tree and Family Dollar locations) and Zeroed-In, a data-management software company, have been sued over an August 2023 data breach that allegedly allowed an unauthorized third party to access private information of thousands of Dollar Tree and Family Dollar employees.
In a proposed class action filed in Baltimore federal court, plaintiffs claim that defendants failed to abide by industry best practices, and defendants should have known that their failure to take reasonable security measures would jeopardize plaintiffs’ private information. Further, plaintiffs say, defendants failed to notify plaintiffs and class members about the breach until four months after it occurred, and that this failure to provide timely notification put their private Information and interests at “serious, immediate, and ongoing risk.”
Additionally, according to the complaint, the breach caused costs and expenses associated with time spent and the loss of productivity from plaintiffs, as they were forced to take measures to address and attempt to deal with the “actual and future consequences” of the breach, including reviewing records for fraudulent charges, cancelling and reissuing payment cards, purchasing credit monitoring and identity theft protection services, imposition of withdrawal and purchase limits on compromised accounts, and initiating and monitoring credit freezes.
January 16, 2024 – Securities
Estee Lauder Accused of Supply Chain Misrepresentations
The Estee Lauder Companies Inc. misled investors about the company’s supply chain issues and mismanagement of inventory levels, alleges a shareholder class action filed in Manhattan federal court.
Estee Lauder allegedly hid the impact of these problems for nearly a year, providing “overwhelmingly positive” revenue and sales projections in disclosures that caused shareholders to purchase Estee Lauder stock at artificially inflated prices, according to the complaint. The lawsuit was filed on behalf of all investors who purchased Estee’s common stock between August 18, 2022, and May 2, 2023.
During this period, the complaint says, Estee provided investors with positive statements as to the company’s progress in improving cost structure, pricing power and cash generation. Defendant provided these statements to investors while, at the same time, disseminating “materially false and misleading statements and/or concealing material adverse facts concerning supply chain issues and mismanagement of inventory levels in the Asia and the United States.”
January 11, 2024 – Product Liability
Activision, Epic, Video Game Developers Charged in Addiction Lawsuit
Activision Blizzard Inc., Epic Games Inc., and a dozen other video game developers have been hit with a lawsuit alleging that a 9-year-old became addicted to the companies’ video games, including Fortnite, Call of Duty, Grand Theft Auto, and others.
According to the complaint filed in Chicago federal court, video game addiction is an “epidemic harming our nation’s youth” with feedback loops and reward systems that ensure maximal playing time by young users. Much of the addictive and compulsive behavior, the complaint says, is driven by a scheme used by many games where users can spend real money on in-game perks.
“The schemes use psychological mechanisms, behavioral psychology, and neuroscience to encourage repeated play and increased spending among users, especially among vulnerable populations like minors,” plaintiff alleges in her suit. The 9-year-old “experienced severe emotional distress, diminished social interactions, loss of friends, poor hygiene, and withdrawal symptoms such as rage, anger, and physical outbursts,” plaintiff says, adding that the 9-year-old spends six to eight hours a day playing video games across multiple platforms including the Xbox, PS4, iPhone, and Android devices.
January 10, 2024 – Labor & Employment
Lawsuit Says Female Amazon Employees Paid Less Due to Job Codes
Amazon.com Inc. systematically pays female employees less than male workers in comparable positions, according to a proposed class action filed in Seattle federal court.
The lawsuit was filed by three female employees who allege that Amazon violates federal and state laws by maintaining compensation policies that result in a gender pay disparity. Plaintiffs also claim that the company retaliated by demoting them shortly after they raised concerns about the alleged discrimination.
Plaintiffs say in their suit that Amazon assigns each employee a job code upon hire, with lowest-level workers receiving Level 4 status and top employees a Level 12 status. The job code system creates substantial pay discrepancies between male and female employees, plaintiffs claim, as Amazon regularly assigns women lower job codes than men for equivalent positions and fails to promote female employees to higher codes, resulting in women performing similar work as men in higher job codes, but for less pay.
January 9, 2024 – Antitrust
Apple Accused of Anticompetitive Agreements With Major Mobile Payment Apps to Inflate Transaction Fees
A proposed class action filed in federal court in San Jose, Calif., alleges that Apple Inc., which operates Apple Cash, has entered into anticompetitive agreements with Venmo, Cash App and Google Pay to prohibit the incorporation of decentralized cryptocurrency technology within iOS peer-to-peer payment apps.
The lawsuit claims that the agreements between Apple Cash and its competitors — including Venmo (owned by PayPal), Cash App (owned by Block) and Google Pay — have forced app users to pay inflated transaction fees and prevented the rollout of new crypto features in peer-to-peer payment apps.
Because the primary revenue source for these apps comes from transaction fees, the emergence of cryptocurrency — a form of digital payment that can be traded without a third-party intermediary — has presented a threat to this business model, according to the complaint. “Decentralized payments would allow iPhone users to send payments to each other without any intermediary at all — and with transaction costs far lower than what Venmo, Cash App, and Apple ultimately charge to move money to and from bank accounts and credit cards,” the complaint says. “Despite the obvious utility, there is no means to make decentralized payments on the iPhone.”
January 8, 2024 – Intellectual Property
New York Times Charges OpenAI and Microsoft With Copyright Infringement
The New York Times Co. alleges that the artificial intelligence technology of OpenAI and Microsoft illegally copied millions of Times articles to train ChatGPT and other services to provide people with instant access to information — information that now competes with the Times.
In a lawsuit filed in Manhattan federal court, the Times says that it has a duty to inform its subscribers that defendants’ “unlawful use of The Times’s work to create artificial intelligence products that compete with it threatens The Times’s ability to provide that service.” The Times contends in its suit that the defendant’s claim of “fair use,” which gives them the ability to use copyrighted material for a “transformative purpose,” was not a valid argument.
“There is nothing ‘transformative’ about using The Times’s content without payment to create products that substitute for The Times and steal audiences away from it,” according to the complaint. “Because the outputs of Defendants’ [AI] models compete with and closely mimic the inputs used to train them, copying Times works for that purpose is not fair use.”
December 19, 2023 – Environment
California Sues Fossil Fuel Companies Over Climate Change
The state of California accuses major gas and oil companies, including Exxon Mobil and Chevron, of contributing to the “devastating” effects of climate change.
In state court in San Francisco, California claims that decades of deliberate disinformation on the part of defendants have exacerbated climate change and caused major environmental, public health, and economic damage. The companies caused harm, the complaint says, by promoting their products and downplaying the negative effects of greenhouse gases on the environment.
The state alleges in its lawsuit that gas and oil companies had full knowledge of what greenhouse gases generated by their products would do to the environment and intentionally suppressed that information, to the detriment of the environment and the people. “Defendants’ campaign to obscure the science of climate change to protect and expand the use of fossil fuels greatly increased and continues to increase the injuries suffered by California and its residents,” the state contends. Had concerted action to reduce emissions begun earlier, “the subsequent impacts of climate change could have been avoided or mitigated.”
December 18, 2023 – Privacy
Meta Accused of Unlawfully Collecting Nevada Motor Vehicle Data
Browsing data that Nevada residents make on the Nevada Department of Motor Vehicles (DMV) website can be instantly transmitted to Meta Platforms Inc., the parent company of Facebook, violating the federal Driver’s Privacy Protection Act, a class action claims in federal court in Las Vegas, Nev.
According to the complaint, Meta surreptitiously tracks Nevadan drivers’ new car registrations, identification card renewals, driver’s license examination appointments, and other activity on the Nevada DMV website. Meta uses this information, the complaint says, to help it deliver targeted advertisements across its social networks, including facebook.com.
Plaintiff in his suit contends that because Meta never asked Nevadan drivers for their express written consent to obtain this highly sensitive information for advertising, it violated federal privacy law. When users visit facebook.com, plaintiff says, Meta surreptitiously installs a tracking code, called the Meta Tracking Pixel, onto their web browsers. This tracking code typically stays on Facebook users’ browsers for 90 days and allows Meta to collect information about what those users do when they are off the site.
December 14, 2023 – Constitution
Twitter Sues California Over Alleged Free Speech Violations
X Corp., formally known as Twitter, has sued the state of California, claiming a state law enacted last year violates its First Amendment rights.
Assembly Bill 587, passed in September 2022, requires large social media companies to submit semi-annual reports to the attorney general that include how the companies define and moderate hate speech, racism, or extremism, among other requirements, according to the complaint filed in federal court in Sacramento, Calif. Social media companies must also include, the complaint says, information about the actions they take to moderate those categories.
X Corp., headed by Elon Musk, says in its lawsuit that this violates the First Amendment and the California state constitution because it forces social media companies to engage in speech against their wishes. Also, the suit says, it interferes with constitutionally protected editorial judgments of social media companies, pressing them to take action against speech the state opposes. X Corp. argues that the true purpose of the bill is to “eliminate” certain constitutionally protected content the government decides is problematic.
December 13, 2023 – Civil Rights
Female Professors Sue Vassar College Over Alleged Gender Pay Gap
A proposed class action filed in Manhattan federal court alleges Vassar College deliberately underpays, underpromotes, and unfairly evaluates female professors.
The lawsuit was filed by five female professors at Vassar who claim the institution has for decades maintained a widening gender pay gap, systematically delayed their promotions, and consistently awarded them lower merit ranks than male professors during performance reviews.
The plaintiffs, according to the complaint, are leaders in their fields who are highly regarded by their contemporaries and by the student population. “For far too long,” the complaint states, “Vassar has failed to fairly and equitably value their contributions to the College.” A private liberal arts college founded in 1861 “to provide women an education equal to that once available only to men,” Vassar still proudly identifies as a “pioneer for women’s education” that strives for equity and inclusion, the complaint says.
December 12, 2023 – Breach of Contract
Apple iCloud Accused of Shortchanging Subscribers on Cloud Storage Capacity
Apple Inc. faces a proposed class action that claims the company “shortchanges” iCloud+ subscribers by providing five gigabytes (GB) less than the promised cloud storage capacity.
The lawsuit filed in San Francisco federal court says that despite Apple’s representations that an iCloud+ paid subscription plan would provide added storage up to a certain limit in addition to the five GB of storage capacity automatically allotted to each Apple device owner for free, the defendant delivers only the paid storage limit it promises minus the five GB a subscriber already receives free of charge.
Apple’s iCloud legal agreement and price list for paid subscription plans, the complaint says, represent that beyond the five GB of free storage offered to all device owners, users who pay for an iCloud+ plan will also receive additional storage capacity in exchange for monthly subscription payments — that is, $0.99 per month for 50 GB, $2.99 per month for 200 GB, and $9.99 per month for two terabytes of paid cloud storage. However, the complaint says, Apple violates its own contractual promises by failing to provide subscribers with the full iCloud storage limit as advertised.
December 11, 2023 – Product Liability
Sensio Pressure Cookers Said to Cause Serious Burns
A proposed class action filed in Manhattan federal court against Sensio Inc. follows nearly a month after the company recalled roughly 860,000 pressure cookers equipped with “dangerously defective” lid-locking assemblies.
According to the complaint, the faulty lid-locking mechanism on the Sensio pressure cookers at issue allows the product’s lid to open while its contents are still under pressure, causing the “super-heated” food to erupt from the cooker and potentially scald the user with second- and third-degree burns. “Given that Plaintiff and Class Members are unable to safely use the Recalled Pressure Cookers without risk of severe burns or injury,” the complaint says, the products are not fit for their particular purpose of safe cooking.”
Plaintiff says in her lawsuit that she purchased her Sensio Bella series eight-quart pressure cooker in late 2016 in the belief that the device was reliable, not to mention the defendant’s “strong reputation” for producing quality products. However, plaintiff claims that she has never been informed “by anyone affiliated with Sensio” of the recall or any defects related to her pressure cooker. She found out about the defects, plaintiff says, on social media.
December 7, 2023 – Consumer Fraud
NUK ‘Orthodontic’ Pacifiers Do Not Support Children’s Dental Development as Claimed, Lawsuit Alleges
The makers of NUK pacifiers have misled consumers by falsely representing that their “orthodontic” pacifiers promote healthy oral and orofacial development in children, according to a proposed class action filed in federal court in Albany, N.Y.
The lawsuit alleges that Newell Brands Inc. and Graco Children’s Products Inc. — which together sell NUK-brand pacifiers — have violated New York law by deceptively using the term “orthodontic” in advertising and on product packaging to convey that the items improve dental health by correcting improperly positioned teeth and jaws.
However, contrary to the products’ representations, NUK “orthodontic” pacifiers “cannot and do not” improve or support healthy oral and orofacial development and, in fact, put children at a greater risk of developing deviations from ideal teeth alignment, the complaint says, adding that marketing a pacifier as “orthodontic” is misleading because “no pacifier is capable of promoting oral development,” and prolonged pacifier use can cause substantial harm by impeding a child’s dental and orofacial structural growth.
December 6, 2023 – Environment
Environmental Groups Sue Over Proposed Oil Drilling in Gulf of Mexico
Environmental groups have filed a lawsuit against the U.S. Interior Department seeking to block a planned oil and gas lease sale that would make over 67 million acres in the Gulf of Mexico available to fossil fuel companies.
The suit, filed in D.C. federal court by Earthjustice on behalf of the Center for Biological Diversity, Natural Resources Defense Council, Friends of the Earth, and others, accuses the department of failing to take a “hard look” at the potential impacts of the sale, such as higher emissions, potential oil spills and higher risks to endangered species in the Gulf.
The complaint says that according to the agency’s own environmental reports, the sale would lead to an increase in greenhouse gas emissions equal to 360 million metric tons. The environment groups note in their suit that the decision comes off a summer of record-breaking heat across the country, where cities have faced grueling heatwaves — Phoenix endured 30 consecutive days over 110 degrees — and ocean temperatures off the coast of Florida exceeded 100 degrees, endangering marine life and causing widespread coral bleaching.
December 5, 2023 – Intellectual Property
Motorola Accused of Patent Infringement re Body-Cam Technology
Motorola Solutions Inc. has been sued on allegations its WatchGuard Video Inc. unit unlawfully infringed on patented technology that automatically triggers police dashboard and body cameras and prevents them from overwriting critical video footage.
Plaintiff Stellar LLC accused WatchGuard’s Vista WiFi Body cameras and in-car video systems of infringing designs that utilize circular buffers and write-protection features to let wearable and vehicle-mounted mobile cameras wirelessly upload video for storage automatically while continuing to record, according to the complaint filed in federal court in Sherman, Texas.
Stellar contends in its lawsuit that its hands-free system solves a problem with earlier body cameras that did not allow additional data to be recorded until the previously recorded data was transferred to an external medium or additional memory was added to the device. Plaintiff’s patents, the complaint says, describe methods for write-protecting previously recorded segments in a memory that can be subsequently transferred to an external storage media without interrupting any contemporaneous recording when the device reaches capacity.
December 4, 2023 – Cybersecurity
Progressive Faces Lawsuit Over ‘Lax Data Security Practices’
A proposed class action filed in Cleveland federal court claims lax data security practices on the part of Progressive Casualty Insurance Co. resulted in a years-long data breach that compromised the personal information of roughly 347,100 individuals.
On May 19, 2023, according to the complaint, Progressive was notified that certain call center representatives employed by a third-party service provider had improperly shared their Progressive access credentials with unauthorized individuals. The unauthorized actors, the complaint says, were then able to access the defendant’s network and view the private data of certain customers.
Plaintiff in his suit argues that the cyberattack was a direct result of the insurance company’s failure to take the necessary precautions to safeguard the personal information stored in its network. The defendant should have ensured that any third-party vendors it hired had adequate cybersecurity procedures in place to prevent the unauthorized disclosure of sensitive data, plaintiff contends, saying that due to Progressive’s negligence “unauthorized individuals obtained everything they needed to commit identity theft and fraud and wreak havoc on the financial and personal lives of hundreds of thousands of individuals.”
November 30, 2023 – Constitution
Tennessee’s US House and State Senate Maps Said to Discriminate Against Communities of Color
A lawsuit filed in Nashville federal court says the U.S. House maps and those for the state Senate amount to unconstitutional racial gerrymandering under the 14th and 15th amendments.
Plaintiffs in the suit include the Tennessee State Conference of the NAACP, the African American Clergy Collective of Tennessee, the Equity Alliance, and the League of Women Voters of Tennessee.
According to the complaint, the 112th Tennessee Legislature’s redistricting plans for the state’s Congressional and State Senate districts make unlawful use of race and subordinate traditional redistricting principles to race, thus violating the Fourteenth and Fifteenth Amendment rights of Black voters and other voters of color. In particular, the complaint says, the newly drawn districts in Davidson and Shelby counties dilute the votes of Black voters and other voters of color by “cracking” and “packing” these communities to minimize their electoral voices.
November 29, 2023 – Product Liability
Medtronic Sued in Alleged Wrongful Death from Insulin Pump Overdose
The brother-in-law of a man who died of a massive insulin overdose has filed a lawsuit against Medtronic over the failure of a MiniMed insulin pump, alleging the pump malfunctioned and delivered a week’s worth of insulin all at once into the diabetic man, causing his wrongful death.
The Medtronic MiniMed insulin pumps are small, computerized devices that deliver insulin to diabetic patients throughout the day via a catheter implanted under the skin, according to the complaint filed in federal court in Jefferson City, Mo. The insulin pumps, the complaint says, are wirelessly connected to both a monitoring system to track glucose levels, as well as a remote controller designed to communicate with the pump and deliver a specific amount of insulin.
Due to a series of design problems, plaintiff says in his suit, Medtronic’s MiniMed 600 series models and the MiniMed 780G models have been subject to numerous recalls, most recently in October 2021. The pump problems involve devices with retainer ring defects, which fail to lock the insulin cartridge in place, plaintiff says.
November 28, 2023 – Labor & Employment
SpaceX Accused of Labor Law Violations in California
A proposed class action filed by a former SpaceX employee names the company in a number of labor law violations, including failing to pay hourly workers proper minimum, straight time, and overtime wages.
The lawsuit, filed in Los Angeles Superior Court, alleges that despite requirements under state law, Space Exploration Technologies, Corp. — which does business as SpaceX — has also failed to give hourly employees meal and rest periods, timely pay for final wages after employment is terminated, and reimbursement for expenditures paid out of pocket.
According to the suit, the spacecraft manufacturer, which was co-founded by Elon Musk in 2002, has regularly required hourly employees to work off-the-clock by, for instance, compelling them to perform tasks before clocking in for the day. Additionally, though hourly employees are entitled to a 30-minute, uninterrupted meal period for every five hours of work, SpaceX has often required its employees to work in excess of five consecutive hours without providing legally compliant meal periods, the complaint claims.
November 27, 2023 – Consumer Fraud
Lawsuit Against Taco Bell Asks, ‘Where’s the Beef’?
In a proposed class action filed in Brooklyn federal court, plaintiff accuses Taco Bell of deceiving consumers by falsely advertising a number of its menu items — including its Mexican Pizza, Veggie Mexican Pizza, and Crunchwrap Supreme — as containing “at least double” their actual beef content.
Plaintiff claims in his lawsuit that a Mexican pizza he purchased contained approximately half of the seasoned beef and bean filling that he expected from the company’s advertisements and marketing. “Taco Bell advertises larger portions of food to steer consumers to their restaurants for their meals and away from competitors that more fairly advertise the size of their menu items, unfairly diverting millions of dollars in sales that would have gone to competitors,” plaintiff says.
“Taco Bell’s actions are especially concerning now that inflation, food, and meat prices are very high and many consumers, especially lower-income consumers, are struggling financially,” the complaint states. The suit seeks at least $5 million in damages from Taco Ball, which is headquartered in Irvine in Orange County, Calif.
November 22, 2023 – Intellectual Property
Facebook’s Meta Platforms Faces Trademark Lawsuit From Company Metabyte
Meta Platforms, parent company of Facebook and Instagram, has been sued in San Francisco federal court by staffing and tech-services company Metabyte, which accused Meta of violating its trademark rights.
Metabyte says in its suit that defendant’s use of the name Meta causes confusion among consumers, arguing that Meta and Metabyte offer related services and cover overlapping geographic areas.
According to the complaint, plaintiff Metabyte has been doing business under its name since 1993 and has owned federal trademarks covering it since 2014. The complaint notes that Metabyte offers services including consulting, website design and software development, adding that the companies had been in talks about coexisting with their respective names, but that the talks recently broke down.
November 21, 2023 – Product Liability
Black & Decker String Trimmers Said to Pose Laceration Hazard
A proposed class action filed in Los Angeles federal court alleges that certain Black & Decker string trimmers/edgers with automatic feed spools are defective and pose a significant laceration hazard to consumers.
According to the complaint, there is a “design defect” plaguing the Black & Decker products, including those with model numbers BESTA510 and GH900, which can cause too much spool to advance from the automatic feeder, and this in turn can cause pieces of trimmer string to come loose and become “airborne projectiles.”
The plaintiff claims in his lawsuit that the defect is “extremely dangerous” to users and bystanders and has rendered the string trimmers/edgers at issue “unsuitable for their principal and intended purpose. Many consumers, plaintiff says, have suffered physical injuries as a result of this defect, adding that he suffered a painful and deep laceration to his leg.
November 20, 2023 – Antitrust
EssilorLuxottica and Others Accused of Artificially Inflating Prices of Eyewear
A proposed class action filed in San Francisco federal court claims EssilorLuxottica and 48 other subsidiaries, manufacturers, retailers, and fashion houses have conspired to artificially inflate the price of eyewear products by as much as 1000 percent.
EssilorLuxottica — an Italian-French corporation and the world’s largest conglomerate in the eyewear industry — is the “instigator and primary enforcer” of a price-fixing conspiracy in the American eyewear market, according to the complaint. Also participating in the alleged scheme, the complaint says, are many of the country’s most popular eyewear brands, including co-defendants Costa Del Mar, Bulgari, Chanel, Dolce & Gabbana, Versace, Giorgio Armani, Michael Kors, Prada, Ralph Lauren, Tiffany & Co., and Christian Dior.
Plaintiff alleges in his lawsuit that defendants — who together control more than 80 percent of the prescription eyeglasses and sunglasses markets — have entered into anti-competitive agreements to “exercise strategic control over the price and supply of eyewear” in the American consumer market. To manipulate and inflate product prices to supra-competitive levels, plaintiff says, EssilorLuxottica relies on exclusive, multi-year licensing agreements with prominent fashion houses and sales agreements with competing manufacturers in the eyewear market.
November 16, 2023 – Intellectual Property
Unilever Sued for Trademark Infringement Over ‘Not Done Yet’ Slogan
A nonprofit foundation that advocates on behalf of teenage cancer patients has sued Unilever, claiming that the company’s use of the phrase “Not Done Yet” in ads for Degree deodorant and other products violates its trademark rights.
The I’m Not Done Yet Foundation claims in its lawsuit filed in federal court in Brooklyn, N.Y., that the Degree’s deodorant motivational ad campaign threatens to confuse consumers and damage the foundation’s ability to raise money. According to the complaint, the foundation has been using the name since 2018 and owns federal “I’m Not Done Yet” and “Not Done Yet” trademarks.
The lawsuit says that Unilever applied to register its own “Not Done Yet” trademark to use with products like deodorant, shampoo and body wash in 2021. The foundation argues that Unilever risks causing confusion by using the slogan in inspirational ads that convey the “same, strong, empowering message” as does the foundation.
November 15, 2023 – Privacy
Rite Aid Accused of Unlawfully Sharing Vistors’ Info With Third Parties
The pharmacy chain Rite Aid discloses website visitors’ personal and health information to Meta and other third parties without visitors’ knowledge or consent, alleges a proposed class action filed in federal court in Sacramento, Calif.
When customers visit RiteAid.com to fill a prescription, invisible tracking tools embedded into the website secretly transmit information about their medical history, mental and physical condition, and treatment to Meta, Google, TikTok, and other companies, according to the complaint. This data, the complaint says, is used by Rite Aid and the third parties it partners with to improve their targeted advertising capabilities.
Plaintiff claims in her lawsuit that Rite Aid’s data-sharing practices run contrary to its privacy policies, which explicitly state that the company must obtain written authorization from customers before using or disclosing their health information for marketing purposes. Rita Aid’s website, the plaintiff says, contains a snippet of programming code known as the Meta pixel that sends to the company data about each visitor as they interact with the page, and similar technologies transmit website users’ behavior to Google and other unauthorized third parties.
November 14, 2023 – Consumer Fraud
Class Action Says ‘Smoke Alarms’ Fail to Properly Warn of Common House Fires
A proposed class action filed in San Francisco federal court claims Walter Kidde Portable Equipment Inc. and First Alert have “placed profits over people” by falsely advertising their ionization-only devices as “smoke alarms.”
Defendants deceptively market devices that use ionization technology as “smoke alarms,” the complaint says, even though the technology demonstrably fails to timely detect and warn of smoldering fires, the most common and particularly dangerous type of home fire. “With deliberate disregard for the safety of the public,” the complaint says, the companies continue to falsely advertise and label the ionization-only devices as “smoke alarms” despite having known for decades that the products are unsuitable, by themselves, to reliably alert consumers to the presence of smoke from a smoldering fire.
Plaintiffs argue in their lawsuit that only a device that uses photoelectric technology — the alternative to ionization technology — should be called “smoke alarms,” as photoelectric products are capable of quickly detecting smoke from smoldering fires and sounding an alarm early enough to give people time to evacuate a building. Despite being labeled as “smoke alarms,” ionization-only devices like the ones sold by defendants “sound too late (or do not sound at all)” in response to fires that have not yet progressed to produce large, hot flames, plaintiffs contend.
November 13, 2023 – Product Liability
Amazon Accused of ‘Defective Design’ of LED Light Remote
A mother who alleges her 21-month-old child was seriously injured after ingesting a button battery that fell out of an LED light remote is suing Amazon, claiming the remote was defectively designed.
The lawsuit, which was filed in federal court in Fresno, Calif., says button batteries are small round batteries that power a variety of electronic devices and represent “tremendous swallowing hazards” to small children, who are particularly vulnerable because they put things in their mouth and button batteries can get stuck in their esophagus.
The product in question, according to the complaint, was a wireless remote for color-changing “fairy lights” sold under the Amazon “Homemory” brand. This product, the complaint claims, was unreasonably dangerous to consumers. “The injury in question did not need to happen, and it would not have happened if the product was manufactured, marketed, and sold in a manner that was safe.”
November 9, 2023 – Cybersecurity
Domino’s Pizza Franchisee Faces Lawsuit Over April 2023 Data Breach
Mac Pizza Management Inc. faces a proposed class action filed in Houston federal court that claims the company failed to protect the personal information of at least 39,000 employees of one of its Domino’s Pizza franchisees during an April 2023 cyberattack.
Mac Pizza, which operates nearly a hundred Domino’s Pizza locations around southeast Texas, the complaint says, discovered in mid-April that an unauthorized third party had gained access to its computer network from April 14 to April 22. Plaintiffs allege in their suit that the data breach compromised current and former employees’ private information, including Social Security and driver’s license numbers, among other personal data.
Plaintiffs argue that defendant failed to implement adequate cybersecurity measures to protect the confidential data stored in its systems, adding that had the company complied with industry standards and followed the recommendations of data security experts, it could have prevented the unauthorized disclosure of class members’ information. The complaint also takes issue with defendant’s alleged failure to notify data breach victims until almost three months after the breach occurred.
November 8, 2023 – Securities
SEC Charges Legendary Partners and Its President with Reality TV Offering Fraud
The SEC has charged California-based Legendary Partners LLC and its president, Scott L. Snyder, with conducting a nationwide offering fraud, targeting mostly elderly investors, that raised approximately $391,000 from April 2018 to December 2021.
According to the complaint filed in Los Angeles federal court, the offering was pitched as an opportunity to invest in a start-up company that purportedly would produce a reality television series about the refurbishment of damaged exotic and luxury vehicles. Legendary Partners and Snyder, the complaint says, solicited investors using “cold callers.” The SEC claims in its lawsuit that the cold callers would contact the mostly elderly investors by phone and routinely provide baseless and misleading profit projections.
The SEC alleges that Snyder also intentionally misdirected money to Legendary Partners from several other investors who intended to invest in different and unrelated offerings. Instead of investing the money as promised, the SEC says, Snyder tricked these investors into depositing their money into accounts controlled by Legendary Partners, and that this money was then misappropriated by Legendary Partners and Snyder.
November 7, 2023 – Intellectual Property
Pocket-bra Inventor Accuses Nike of Patent Infringement
Nike has been sued in Boston federal court by an inventor who claims the clothing company stole her technology for a line of sports bras with pockets.
Plaintiff claims in her lawsuit that she pitched her patented Pocket Bra to Nike starting in 2015, and that the company later used her inventions without permission in its “Swoosh” athletic bras with pockets for a wearer’s belongings.
The Pocket Bra, according to the complaint, “allows women to keep their most precious possessions close, convenient, and safe in a comfortable and fashionable manner.” Plaintiff says that she received patents for her product starting in 2016 and contacted several Nike employees to pitch her invention. But Nike declined to collaborate, plaintiff alleges, and soon after began applying for its own patents for bras with storage pockets.
November 6, 2023 – Constitution
Challenge to State Statute That Bans Abortion Care Assistance
A lawsuit filed in Idaho District Court challenges the recently enacted state statute that criminalizes adults who help minors travel to other states for abortion care.
Idaho, according to the complaint, has some of the most oppressive criminal abortion statutes in the United States. But this wasn’t enough, the complaint says. Specifically, the legislature criminalized adults who help minors travel for abortion care, if the adult has the intent to conceal the abortion from a parent or guardian. “Apparently aware that they can’t make abortions — or receipt of medications used in medical abortions — that occur in other states unlawful, they instead made it unlawful to provide travel assistance within Idaho, including helping minors reach or cross Idaho’s borders.”
The statute is unconstitutional, says Northwest Abortion Access Fund and other plaintiffs in the suit. It is poorly written and vague and unclear in the conduct it prohibits, plaintiffs argue, adding that it “infringes on First Amendment rights to speak about abortion and to associate and to engage in expressive conduct, including providing monies and transportation (and other support) for pregnant minors traveling within and outside of Idaho to access out-of-state legal abortion care.”
November 2, 2023 – Consumer Fraud
Walmart Sued Over Alleged Mislabeling of Its ‘Natural’ Fruit and Grain Cereal Bars
A proposed class action filed against Walmart Inc. contends that the labeling of its Great Value brand “Cherry” and “Apple Cinnamon” fruit & grain cereal bars is misleading, as the products’ packaging fails to include the artificial flavoring ingredients that partially provide the cherry and apple taste.
Walmart sells fruit and grain cereal bars with fruit flavors like mixed berry, cherry, apple, and cinnamon under its Great Value brand, according to the complaint filed in federal court in Tampa, Fla. This labeling is misleading, the complaint says, because it represents that the taste of the characterizing fruit filling ingredients, i.e., cherries and apples, is only from those fruit ingredients and does not include artificial flavoring that partially provides the cherry and apple taste.
Plaintiff claims in her lawsuit that a majority of consumers prefer foods with natural instead of artificial ingredients. Consumers believe that foods with artificial ingredients are less healthy compared to those with only natural ingredients, plaintiff says, adding that consumers want foods that are “closer to their original form, in the context of a packaged food, instead of having been highly processed.” Further, plaintiff says, consumers believe that foods with natural ingredients are better for the environment than those “laden with synthetic ingredients and made through artificial processes.”
November 1, 2023 – Product Liability
Ford Charged in Defective Transmission Class Action
Ford Motor Co. faces a proposed class action asserting that certain Ford Expeditions, Mustangs, Rangers, F-150s, and Lincoln Navigators have defective transmissions that cause the vehicles to operate erratically or lose power.
According to the complaint filed in Miami federal court, Ford knew or should have known that the vehicles contain defects that can cause them to jerk or slip between gears, with some consumers experiencing a sudden loss of power.
Ford’s warranty, the complaint says, states that dealers will, without charge, repair or replace all parts that malfunction or fail during normal use due to a manufacturing defect in factory-supplied materials. But, plaintiffs claim, Ford refuses to make such repairs, saying that the abrupt and harsh shifting is “normal.” At most, plaintiffs say, Ford recommends reprogramming the transmission to the default settings to address these concerns.
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