July 31, 2023 – Product Liability
Justice Dep’t Sues Manufacturer, Alleging Delay in Reporting Dangerous Awning Covers
The U.S. Justice Department and the Consumer Product Safety Commission (CPSC) have jointly brought a civil action in Boston federal court against SunSetter Products LP, claiming that the company delayed reporting a hazardous defect involving protective vinyl covers for its retractable awnings.
According to the complaint, SunSetter, which manufactures motorized, retractable awnings for outdoor use, failed to immediately report to the CPSC that when bungee tie-downs securing its protective awning covers were removed, the retractable awnings could spring open unexpectedly with enough force to strike consumers and cause them to fall and suffer serious injury or death.
Between 2012 and 2017, the complaint says, SunSetter received 14 reports of its motorized awnings springing open, which resulted in several injuries and one death. Despite notice of these incidents, the company did not report the problems with its awning covers to the CPSC until October 2017.
July 27, 2023 – Labor & Employment
EEOC Sues Papa John’s Pizza Under Americans With Disability Act
Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Ky., unlawfully denied a blind employee’s request to keep his service dog on site and away from both customers and food preparation activities during his shifts, the U.S. Equal Employment Opportunity Commission claims in a lawsuit filed in federal court in Athens, Ga.
According to the complaint, in early 2020 the person applied for a job at his local Papa John’s restaurant in Athens after hearing from a friend that the company hired individuals with vision impairments. The individual, the complaint says, is legally blind and relies on his service dog for his commute, He applied for a vacant position at the restaurant and was initially hired, the complaint says, but after a Papa John’s review of his situation, he was fired before actually having begun work.
The EEOC alleges in its suit that his firing was a violation of the Americans with Disabilities Act. In denying him employment, the EEOC argues, defendant did not identify any specific “health and safety risk” that his accommodation request would involve. Nor did defendant identify any undue hardship that it would pose. The decision not to employ him, the EEOC says, was “based on improper stereotypes about service animals and their presence in restaurants or other food service establishments.”
July 26, 2023 – Constitution
ACLU Challenges Tennessee Ban on Transgender Health Care for Minors
The American Civil Liberties Union has filed a lawsuit challenging a Tennessee ban on almost all forms of gender-affirming care for minors, including hormone treatments, puberty blockers, and gender-affirming surgeries.
The suit, which was filed in Nashville federal court on behalf of parents of a transgender minor, would subject physicians who violate these rules, either by providing banned treatments or by aiding another physician, to discipline by the medical oversight board. Gender dysphoria, according to the complaint, “is a serious medical condition characterized by clinically significant distress caused by incongruence between a person’s gender identity and the sex they were designated at birth.” The prohibited interventions, the complaint says, are “evidence-based and medically necessary medical care essential to the health and well-being of transgender minors who are suffering from gender dysphoria, a serious condition that can lead to depression, anxiety and other serious health consequences when untreated.”
The ACLU says in its suit that the law violates the bodily integrity of minors and is “fundamentally irrational,” which violates due process. And by singling out for prohibition the care related to “gender transition,” it creates a “classification based on sex and transgender status, violating the equal protection rights of transgender adolescents.”
July 25, 2023 – Securities
Developer C3.ai Faces Lawsuit Over Alleged False Statements
Artificial intelligence developer C3.ai Inc., whose customers include the US Department of Defense and Raytheon Technologies, has been sued in San Francisco federal court by a shareholder alleging C3 misled its investors when going public.
In his shareholder suit, plaintiff claims the software company’s board misrepresented their sales force capacity ahead of an initial public offering on Dec. 9, 2020. Among the named defendants are company founder Thomas Siebel and former US Secretary of State Condoleezza Rice.
C3.ai wasn’t profitable at the time of its IPO, according to the complaint, and the company’s registration statement claimed that C3 had access to and was leveraging the extensive marketing, sales, and services resources of oil and gas monolith Baker Hughes Co., including Baker Hughes’ “12,000- person sales organization.” However, the complaint says, the registration statement failed to disclose that C3 did not in fact have access to the 12,000-person salesforce but instead set up a separate sales division that relied on salespeople who did not have the industry connections or expertise of the Baker Hughes salesforce.
July 24, 2023 – Consumer Fraud
Arm & Hammer Clean Burst Laundry Detergent Not ‘Eco-Friendly’ as Advertised, Lawsuit Says
A proposed class action filed in Brooklyn federal court alleges that Arm & Hammer Clean Burst laundry detergent is not as eco-friendly as advertised since the product contains a chemical linked to negative effects on human health and the environment.
According to the complaint, Arm & Hammer manufacturer Church & Dwight Co. has attempted to make its Clean Burst laundry detergent appear more environmentally friendly than it actually is by labeling it as “Powerfully Clean,” “Naturally Fresh,” and “The Standard of Purity” alongside an image of a blue cresting wave.
Plaintiff argues in her suit that the company’s purity and sustainability claims are misleading since the detergent is made with high levels of dioxane, which the U.S. Environmental Protection Agency classifies as a probable human carcinogen known to accumulate in the body and contaminate water supplies. Exposure to dioxane, the complaint says, can cause tumors of the liver, gallbladder, nasal cavity, lung, and skin.
July 24, 2023 – Environment
Environmental Group Says Gov’t Fails to Protect Endangered Corals
The Center for Biological Diversity claims the federal government violates the Endangered Species Act (ESA) in failing to finalize “critical habitat” designations for seven species of Pacific corals and five species of Florida and Caribbean corals.
Defendant’s failure to designate critical habitat violates its mandatory duty under the ESA, the complaint says, and deprives these imperiled species of “vitally important protections in their most essential habitat areas.” But absent bold and immediate action, “the entire worldwide coral reef ecosystem may collapse within the next hundred years,” the complaint argues.
Plaintiff says in its suit filed in federal court in the District of Columbia that coral reefs are among the “most biodiverse and threatened ecosystems in the world.” In addition to the existential threats of climate change and ocean acidification, plaintiff says, corals face localized threats due to poor water quality, over-fishing, destruction of spawning grounds, impacts of dredging and development, disease, and coral collection and trade. Despite the broad global threats to corals, there is evidence that alleviating local stressors and protecting habitat can help improve resiliency for many coral species, plaintiff contends.
July 19, 2023 – Privacy
Lawsuit Says Debt Collector ‘Bombards’ Consumers with Unwanted Texts
Debt collector National Recovery Agency has unlawfully sent text messages to consumers after being asked to stop, alleges a proposed class action filed in federal court in Scranton, Pa.
The complaint claims that NRA Group, which does business as National Recovery Agency, has violated the Fair Debt Collection Practices Act by “bombard[ing] consumers” with debt collection text messages, even after the individuals have replied “STOP” to cut off contact.
According to the complaint, the plaintiffs, residents of Indiana, Maryland, and Massachusetts, began to receive debt collection text messages to their cell phones from the company beginning in 2022. The text messages, the complaint says, advised the plaintiffs that “[to] stop receiving text messages reply STOP.” Despite numerous requests from each plaintiff to “STOP” the messages, the company disregarded the replies and continued to send texts to their cell phone numbers, plaintiffs claim.
July 18, 2023 – Cybersecurity
DC Health Link’s ‘Reckless Manner’ Said to Lead to Data Breach Impacting Members of Congress and Thousands of Consumers
DC Health Link, a health insurance network for the District of Columbia, faces a proposed class action over a 2023 data breach that exposed the personal information of thousands of individuals, including members of Congress and their families.
The lawsuit, filed in federal court in the District of Columbia, claims DC Health Link stored information on its computer network in a “reckless manner,” allowing a cybercriminal to access and publish plan holders’ sensitive data. The data compromised, the complaint says, includes consumers’ names; Social Security numbers; dates of birth; gender; and health plan, employer, and enrollee information (e.g., address, email, phone number, race, ethnicity, and citizenship status), the suit relays.
Plaintiff alleges in her suit that the incident was a direct result of DC Health Link’s failure to implement adequate cybersecurity measures. Further, plaintiff says, defendant falsely assured consumers that it will “encrypt credit card numbers and other data that must remain secure to meet legal requirements.” Defendant’s negligence is compounded by the fact that data-security incidents are a well-known and foreseeable risk to entities that store personal information, plaintiff says.
July 17, 2023 – Intellectual Property
Trademark Lawsuit Over ‘Wavy Baby’ Shoes
Apparel and shoe company WaveyBaby Holdings accuses MSCHF Product Studio Inc. of trademark infringement over defendant art collective’s “Wavy Baby” shoes.
According to the complaint filed in Brooklyn federal court, WaveyBaby is a successful African American-owned business that originates and regularly sells lifestyle streetwear clothing to consumers nationally under the WaveyBaby trademark through its internet retail store located at www.waveybaby.co. Plaintiff says in its suit that it sent a cease and desist letter in April 2022, because of “the high potential for confusion” between the similarly named brands.
Defendant acknowledged the letter, plaintiff says, but “pressed forward and continued to aggressively market and sell the Wavy Baby shoe, which “blatantly and unmistakably incorporates a confusingly similar and almost identical variation” of WaveyBaby’s trademark. Defendant’s Wavy Baby shoe, plaintiff claims, “blatantly and unmistakably incorporates a confusingly similar and almost identical variation of Plaintiff’s mark on similar products.”
July 14, 2023 – Product Liability
Honda Sued Over Alleged Power Steering Defect in 2022-2023 Civic Models
A proposed class action filed in Los Angeles federal court claims 2022-2023 Honda Civics cars suffer from a “sticky” power steering defect that can cause the vehicles to unexpectedly lose maneuverability.
The Honda Civic power steering problem can occur without warning, and in all manner of driving conditions, including at high speeds, according to the complaint. One of the plaintiffs in the lawsuit, the complaint says, reported to the National Highway Traffic Safety Administration that their vehicle’s power steering “sticks” and “requires slight but manual force” to free it while driving.
Plaintiffs say in their suit that the power steering defect constitutes a significant safety hazard in that “it increases the likelihood drivers will be involved in an accident when they lose control and are unable to maneuver.” Defendant has failed to recall affected Honda Civics or offer drivers reimbursements or a suitable repair or replacement free of charge, plaintiffs say, despite clear evidence of the power steering defect’s existence — and despite having previously recalled certain Accord, CR-V, and Civic models due to electronic power steering malfunctions.
July 13, 2023 – Electronic Funds Transfer
Massage Envy Accused of Preventing Customers From Canceling Memberships
A proposed class action alleges Massage Envy, a nationwide network offering therapeutic massages and skin care, has purposefully made it difficult for consumers to cancel their memberships and continues to charge them monthly payments after their memberships have been terminated.
The lawsuit, filed in Circuit Court of Cook County (Illinois), claims Massage Envy has violated the federal Electronic Funds Transfer Act and Illinois consumer protection law by using “confusing membership policies” and “aggressive sales tactics” to extract additional payments from consumers after they cancel their accounts.
Plaintiff says in her suit that she decided to cancel her Massage Envy membership after a lack of availability at nearby locations prevented her from scheduling a massage appointment for several months. “However, upon logging into her online account, she was unable to find any mechanism for cancelling, despite all other aspects of account management being available through her online profile,” plaintiff states, adding that this inability to cancel ran afoul of the Electronic Funds Transfer Act by extracting a payment after she withdrew her consent to preauthorized electronic fund transfers.
July 12, 2023 – Securities
SEC Charges Celebrities Over Promotion of Cryptocurrency on Social Media
In Manhattan federal court, actress Lindsay Lohan, boxer Jake Paul, and rapper Lil Yachty were among eight celebrities accused by the Securities & Exchange Commission of “illegally touting” TRX and BTT crypto asset securities to their millions of social media followers without disclosing they were paid for the promotion.
The SEC complaint was filed in connection with the broader investigation of Chinese crypto entrepreneur Justin Sun and three of his companies: Tron Foundation Limited, BitTorrent Foundation Ltd., and Rainberry Inc. The firms marketed crypto asset securities under the brand names Tronix and BitTorrent.
“Although the celebrities were paid to promote TRX and BTT, their touts on social media did not disclose that they had been paid or the amounts of their payments,” the SEC complaint states. “Thus, the public was misled into believing that these celebrities had unbiased interest in TRX and BTT, and were not merely paid spokespersons.”
July 10, 2023 – Environment
Dep’t of Interior Faces Lawsuit Over Prairie Chicken Protections
New federal protections for an endangered species of prairie chicken would unnecessarily hamper cattle grazing and oil drilling in Texas and nearby states, according to a lawsuit filed by the state and business groups in federal court in Midland, Texas.
The Texas attorney general office, along with associations representing Permian Basin oil drillers and ranchers, asked the court for an order vacating Endangered Species Act (ESA) protections for the lesser prairie chicken.
According to the complaint, the suit challenging the U.S. Interior Department’s decision last year to protect the bird marks the latest legal action in a decades-long fight over the small, gray-brown grassland grouse. ESA protections, the complaint says, require developers to undergo a costly and sometimes lengthy federal approval process to ensure proposed projects in the bird’s habitat in Texas and several Midwestern states won’t significantly impact the species. Plaintiffs argue that the decision should be vacated because it relied on analysis that overestimated the impacts development and grazing in the region would have on the species.
July 6, 2023 – Antitrust
Tesla Accused of Unlawful Conduct in ‘Right to Repair’ Lawsuit
In a proposed class action filed in San Francisco federal court, Tesla Inc. has been accused of unlawfully curbing competition for maintenance and replacement parts for its electric vehicles, forcing owners to pay more and wait longer for repair services.
Plaintiff alleges in her suit that Tesla designed its electric vehicles, warranties and repair policies to discourage owners and lessees from using independent shops outside of Tesla’s control.
Tesla’s alleged restraints on service and repair, according to the complaint, caused “exorbitant wait times” for drivers who otherwise would have gone to an independent repair shop. The complaint calls for Tesla’s repair services and parts monopoly to be “dismantled” and for the company to be ordered to make its repair manuals and diagnostic tools “available to individuals and independent repair shops at a reasonable cost.”
July 5, 2023 – Product Liability
Cracked Fuel Injectors Can Cause Ford Escape, Bronco Sport Models to Catch Fire, Lawsuit Alleges
A proposed class action filed in Detroit federal court claims that Ford has knowingly sold model year 2020-2023 Escape and 2021-2023 Bronco Sport vehicles with 1.5-liter engines with fuel injectors prone to cracking, posing a serious fire risk.
Ford knew or should have known of the Escape and Bronco Sport fuel injector problem and fire risk prior to releasing the vehicles to market, according to the complaint, but the company did nothing to warn prospective owners and lessees, and waited over a year before announcing a safety recall in March 2022. Ford’s current “fix” to prevent affected vehicles from catching fire fails to address the underlying manufacturing problem that causes the faulty fuel injectors to crack and leak fuel into the cylinder head, the complaint says.
Plaintiffs argue in their suit that Ford has misrepresented the safety, reliability, and quality of affected Escapes and Bronco Sports vehicles, noting that they could spontaneously catch fire during use and thus are not fit for their “ordinary purpose.” To date, plaintiffs say, more than 521,000 Escape and Bronco Sport models with 1.5-liter or 1.5-liter turbo3 engines have been recalled by Ford due to the cracked fuel injector issue, and at least 54 reports of under-hood fires have been made.
July 3, 2023 – Consumer Fraud
Buffalo Wild Wings Said to Falsely Advertise Its ‘Boneless’ Wings
A proposed class action filed in Chicago federal court claims Buffalo Wild Wings has misled consumers into believing its boneless wings are actually deboned chicken wings, when in truth they’re merely “slices of chicken breast meat deep-fried like wings.”
Plaintiff contends in his lawsuit that if Buffalo Wild Wings, which advertises itself as the largest sports bar in the U.S., and parent company Inspire Brands were to be transparent with customers, they would change the name of the restaurant chain’s “boneless wings,” or disclose on the menu, like they do for other dishes, that the item is actually made of chicken breast meat. Defendant is “well aware of this issue, but has refused to change its practices,” plaintiff says.
According to the complaint, the sale of boneless chicken “wings” made from breast meat stems from the rising costs of actual chicken wings and the decreasing cost of chicken breast. Some competitors of Buffalo Wild Wings, the complaint says, such as Domino’s and Papa Johns, also sell boneless wings yet “choose to play by the rules” by naming and marketing the item accurately.
June 29, 2023 – Antitrust
Merck Faces Allegations of Rotavirus Vaccine Anticompetitive Scheme
Merck & Co. has been hit with a proposed class action over its rotavirus vaccine, the lawsuit claiming that the company has engaged in an illegal scheme to maintain its monopoly over the pediatric vaccine market in the United States, causing purchasers of the rotavirus vaccines to pay higher prices.
The complaint was filed by the Mayor and City Council of Baltimore in Philadelphia federal court. According to the complaint, Merck, which makes the rotavirus vaccine RotaTeq, has engaged in an anticompetitive vaccine “bundling scheme” that leverages defendant’s monopoly power in multiple vaccines administered to children, resulting in “supracompetative” prices for the RotaTeq vaccine.
Plaintiff claims in its suit that Merck has used this tactic on a variety of vaccines for children, allowing the company to charge whatever it wants, not only for the rotavirus vaccine but for other vaccines as well, including the measles, mumps, and rubella vaccines.
June 28, 2023 – Cybersecurity
Renewal By Andersen Data Breach Said to Result From Customer Info Left ‘Unsecured’ for Five Years
Renewal by Andersen faces a proposed class action over a 2023 data breach in which the highly sensitive information of at least thousands of current and former customers was stolen by cybercriminals.
The lawsuit, filed in federal court in the District of Minnesota, alleges that the window and door replacement company was notified by researchers in January that an unauthorized party had gained access to its network containing sensitive customer data. The researchers said that nearly 300,000 unprotected, cloud-stored documents “exposed the company’s customer home addresses, contact details, and home renovation orders,” including interior and exterior pictures of consumers’ homes and their physical signatures.
According to the complaint, an internal investigation revealed that Andersen’s systems were left “unsecured” between January 2018 and January 2023, providing cybercriminals with “unfettered access” to current and former customers’ names, Social Security numbers, driver’s license numbers, addresses, bank account details, and credit card numbers for a five-year period.
June 27, 2023 – Consumer Fraud
Lawsuit Targets Bumble Bee Foods ‘Unsustainable’ Fishing Practices
Bumble Bee Foods faces a proposed class action filed in Los Angeles federal court, in which a group of consumers claims that the company’s labels on some of its canned or pouched products deceptively mislead consumers into believing the products are sourced from sustainable fishing practices.
Products named in the suit include Wild Caught Pink Salmon and Sockeye Salmon, pouched Wild Caught Applewood Smoke Tuna, and pouched Wild Selections Solid White Albacore Tuna. Bumble Bee, the complaint says, charges a premium for these products that deceive consumers into believing are sourced from sustainable fishing practices. However, the complaint argues, “Bumble Bee turns a blind eye to the unsustainable fishing practices used in sourcing its products and boldly uses the Marine Stewardship Council (MSC) certification as proof of sustainable fishing methods.”
Plaintiffs allege that despite the MSC certification, Bumble Bee sources its products using fishing practices that indiscriminately harm ocean ecosystems. These practices, plaintiffs say, include the suffocation and crushing of dolphins caught in fishing nets, the torturously slow death of endangered sea turtles after getting caught on large hooks meant for tuna, and the trapping of whales by fishing gear causing deep wounds and intense suffering.
June 26, 2023 – Civil Rights
Exxon Mobil Sued by EEOC for Race Discrimination
Exxon Mobil Corporation violated federal civil rights law when it failed to take effective measures to prevent the display of hangman’s nooses at one of its Louisiana complexes, the U.S. Equal Employment Opportunity Commission claims in a lawsuit filed in federal court in Baton Rouge, La.
According to the complaint, a Black employee at ExxonMobil’s chemical plant found a hangman’s noose at his worksite in January 2020. At the time he reported the noose, the complaint says, ExxonMobil was aware that three other nooses had been displayed at the Baton Rouge complex, consisting of the chemical plant and a nearby refinery.
The EEOC alleges in its suit that ExxonMobil investigated some, but not all, of the prior incidents and failed to take “prompt measures reasonably calculated to end the harassment.” Racially harassing conduct that alters the terms and conditions of the workplace, the EEOC says, violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race. The agency says it filed this action after first trying to reach a pre-litigation settlement through its conciliation process.
June 22, 2023 – Environment
Fish & Wildlife Sued Over Failure to Act on Imperiled Plant and Animal Protections
The Center for Biological Diversity has filed a lawsuit seeking to force the U.S. Fish & Wildlife Service to establish protection for 12 plants and animals under the Endangered Species Act.
Species listed for protection in the suit, filed in federal court in Tucson, Ariz., include the Suwannee alligator snapping turtle and two fish: the least chub (found in Utah’s Bonneville Basin) and the Fish Lake Valley tui chub (found in just one spring system in Nevada’s Fish Lake Valley, in Esmeralda County).
Alligator snapping turtles are enormous, prehistoric-looking reptiles that can grow up to 200 pounds and can live almost 100 years, according to the complaint. These slow-moving, largely sedentary creatures spend so much of their time sitting on river bottoms waiting for food that algae grows thick on their shells. Their populations have declined by up to 95% over much of their historic range due to overharvesting and unchecked habitat degradation, the complaint says, adding that the turtles are also easy prey for hunters that supply thriving world markets for the exhibition and consumption of the turtles.
June 21, 2023 – Intellectual Property
Libertarian Party Sues Over Use of ‘Libertarian’ Trademark
Libertarian National Committee Inc. has filed a trademark infringement lawsuit in federal court in Richmond, Va., alleging defendant formed and advertised the “Tidewater Libertarian Party” without permission.
Defendant, who previously served on the Virginia Beach City Council in the 1990s, formed the Tidewater Libertarian Party as a Virginia corporation in 2020, and began creating social media accounts and hosting public meetings for the group without obtaining permission to use the Libertarian Party’s trademarks, according to the complaint.
Plaintiff says in his lawsuit that it has sent letters to defendant requesting that he “cease and desist from his infringing uses and putting him on notice of his infringement.” To date, plaintiff says, no such communication has been received from defendant, and he continues to “openly and defiantly” infringe plaintiff’s trademarks.
June 20, 2023 – Consumer Fraud
Gatorade Fit Accused of Making Illegal ‘Healthy Real Hydration’ Claims
A proposed class action filed in Los Angeles federal court alleges Gatorade Fit is misbranded since the drinks’ labels include “nutrient content claims” that fail to satisfy legal requirements.
According to the complaint, defendant PepsiCo has marketed Gatorade Fit with nutrient-focused label statements that don’t meet the requirements for such claims under the federal Food, Drug & Cosmetic Act, which empowers the FDA to protect public health by ensuring foods are safe and properly labeled.
The suit focuses in particular on the “Healthy Real Hydration” claim, the complaint says, as lawful use of the term “healthy” is subject to very specific legal requirements that defendant does not meet. Plaintiff alleges in his lawsuit that Gatorade Fit is essentially water flavored with a small amount of juice concentrate and citric acid, and sweetened with stevia leaf extract. It does not contain at least 10 percent of the recommended daily intake or daily reference value of one or more of vitamin A, vitamin C, calcium, iron or protein, as per FDA requirements. Therefore, plaintiff argues, the product is misbranded.
June 19, 2023 – Antitrust
Ivy League’s Agreement to Ban Athletic Scholarships Said to Constitute Illegal Price Fixing
The eight schools that make up the Ivy League engage in illegal price-fixing by not awarding athletic scholarships, alleges a proposed class action filed in federal court in New Haven, Conn., by current and former Brown University basketball players.
While all Division I athletic programs (there are over 600 schools in Division I) award financial aid to selected athletes, Brown, Harvard, Yale, and the other Ivies have for years agreed to provide only need-based financial aid to students, including athletes, according to the complaint, This policy, the complaint says, violates federal antitrust law, and harms recruited athletes who otherwise could have gotten scholarships covering tuition and fees, or been eligible for reimbursement on thousands of dollars of other school-related expenses under National Collegiate Athletic Association regulations.
The two plaintiffs are current Brown University women’s basketball player Grace Kirk and former Brown men’s basketball player Tamenang Choh. Plaintiffs argue that under what is termed “the Ivy League agreement,” defendants’ refusal to award athletic scholarships constitutes unlawful price fixing in violation of the Sherman Antitrust Act. “Absent the Ivy League Agreement,” plaintiffs say, “these schools would determine unilaterally, and in competition with each other, how many athletic scholarships to provide, by sport, and in what amounts.”
June 15, 2023 – ERISA
Father of Slain Police Officer Seeks Disability Pay
The father of a California police officer killed while on duty has sued Lincoln National Life Insurance Co. in San Francisco federal court, asking for disability benefits for his depression, anxiety, and post-traumatic stress disorder following the death of his daughter.
In his complaint, plaintiff accuses Lincoln of improperly denying his claim for disability benefits, in violation of the Employee Retirement Income Security Act. Defendant used “biased” medical reviewers, plaintiff says, who never examined him and whose opinions have been discredited in other cases.
According to the complaint, these outside reviews overlooked evidence of his disability and improperly conflated his ability to attend memorial events for his slain daughter and participate in her killer’s murder trial with the ability to hold down a demanding full-time job. Plaintiff claims that after his daughter’s death, he began experiencing frequent nightmares, disrupted sleep, extreme lack of concentration, and depression.
June 14, 2023 – Consumer Fraud
Mini Bottles of Southern Comfort Contain ‘Negligible’ Amounts of Whiskey, Lawsuit Alleges
The Sazerac Company has misleadingly designed mini bottles of Southern Comfort to appear identical to the larger versions of the product, alleges a proposed class action filed in Manhattan federal court.
Although reasonable consumers expect the mini, 99-cent bottles of Southern Comfort to contain fruit and spice-flavored liqueur just as the larger bottles do, the products, in fact, contain only a “negligible” amount of hard liquor, according to the complaint. Consumers who rely on Sazerac’s representations are unaware that the look-alike mini bottles, often sold at gas stations and convenience stores, actually contain a malt beverage made with about “one thimble” of whisky per 2,500 gallons, the complaint says.
The complaint says that the mini and full-size bottles of Southern Comfort are adorned with the same outer grooves, and their label designs contain the same colors, themes, fonts, symbols and spacing. Further, Sazerac instructs sellers to advertise the product as “shots,” reinforcing the impression that the bottles contain small servings of hard liquor. The mini product subtly distinguishes itself with small, difficult-to-read font as a “Malt Beverage With Natural Whiskey Flavors, Caramel Color and Oak Extract,” the complaint says.
June 13, 2023 – Cybersecurity
Highmark Faces Lawsuit Over 2022 Data Breach
Nonprofit healthcare company Highmark Inc. has been hit with a proposed class action filed in Pittsburgh federal court over a December 2022 data breach that reportedly affected approximately 300,000 individuals.
Highmark failed to take “even the most basic steps” to safeguard consumers’ personal and health information from unauthorized access, resulting in a data breach between December 13 and 15 of 2022, according to the complaint. Although Highmark’s online notice says the cyberattack was caused after an employee opened a “malicious phishing email link that led to their email account being compromised,” plaintiff contends in her suit that the root cause of the breach stems from the company’s failure to implement adequate cybersecurity measures.
Highmark’s negligence, the complaint says, has exposed consumers to an increased risk of identity theft and fraud, and victims must now spend a significant amount of time and money to protect themselves from misuse of their information, a threat that may persist for years to come. Further, the suit charges that Highmark failed to provide affected individuals with timely notice of the cyberattack, as the company has only recently begun informing victims of the breach.
June 12, 2023 – Product Liability
Lawsuit Targets Alleged Defect in Kia & Hyundai Ignition Systems
A proposed class action filed in Milwaukee federal court claims defective Kia and Hyundai ignition systems allow thieves to take apart the steering column and use a USB cord to start the engine.
The lawsuit involves 2011-2022 Kia vehicles and 2015-2022 Hyundai vehicles, both of which are equipped with traditional “insert-and-turn” steel key ignition systems. Unlike most vehicles, however, these cars are not equipped with an “immobilizer” that prevents them from being started unless a code is transmitted from the vehicle’s specific smart key, according to the complaint.
This security vulnerability, the complaint argues, makes the autos “incredibly easy to steal,” allowing thieves to steal vehicles by simply opening the steering columns and using a common USB charging cord or similar metal object to start the engine.” Further, plaintiff notes that viral videos on TikTok and YouTube give step-by-step instructions on how to steal the autos without a key, and that reports of stolen Kia and Hyundai vehicles have skyrocketed across the country.
June 8, 2023 – Securities
Bitcoin Mining Enterprise Argo Sued Over ‘Precipitous Decline’ in Stock Value
Plaintiff alleges in a shareholders’ class action filed in federal court in Brooklyn, N.Y., that Argo Blockchain PLC and its directors mislead investors over a September 2021 initial public offering that soon collapsed.
During and after the IPO, Argo’s Bitcoin mining business took several nose dives that, plaintiff contends, were foreseeable and that the company failed to disclose in Securities & Exchange Commission filings. In its September IPO, according to the complaint, Argo issued 7.5 million shares to the public at the price of $15 per share, for approximate net proceeds of $105 million. Yet less than a year later, the complaint says, the company began to face significant production obstacles, each of which when publicized caused the stock price to tumble.
In his lawsuit, plaintiff argues that Argo and its board kept material information from the public, including that the company was “highly susceptible to and/or suffered from significant capital constraints, electricity and other costs, and network difficulties.”
June 7, 2023 – Labor & Employment
Hershey Accused of Failing to Pay Workers for Overtime
The Hershey Company faces a proposed class that alleges it violated the Fair Labor Standards Act by failing to pay hourly employees proper overtime wages for time spent washing their hands and putting on and taking off protective gear.
In a lawsuit filed in federal court in East St. Louis, Ill, plaintiff says that workers at Hershey’s manufacturing facilities must spend time before and after each shift “donning and doffing” their sanitary clothing and protective equipment and otherwise preparing to handle food products, all of which must be done off the clock at defendant’s facility.
Plaintiff says in her suit that employees spend roughly 10 to 15 minutes a day performing these tasks, resulting in up to an hour and 25 minutes or more of unpaid overtime per week for workers who are already scheduled for 40 hours. The time spent putting on and taking off sanitary gear and washing hands is considered “compensable work time” under federal and state law because it is vital to work involving food production, plaintiff claims.
June 6, 2023 ‒ Intellectual Property
Ralph Lauren Sued by NBA’s ‘Iceman’ George Gervin Over Retro Shoe Design
Former NBA player George Gervin, popularly known as “the Iceman” for his cool demeanor on the court, has filed a trademark infringement suit against Ralph Lauren over its sale of a line of retro-style 1970s high-top basketball sneakers called the “Gervin Mid.”
By marketing the sneakers, Ralph Lauren is “seeking to profit off the back of Mr. Gervin’s commercially valuable identity” without his consent or authorization, according to the complaint filed in Manhattan federal court.
“Ralph Lauren has willfully and without authorization used Mr. Gervin’s name, likeness, and persona for commercial purposes, subverting Mr. Gervin’s exclusive ownership right to control the licensing of his name, image, likeness, and persona in the commercial marketplace,” the complaint alleges. The complaint adds: Despite publicly advocating for racial equality through its public relations arm, defendant has “surreptitiously released a line of retro-styles 1970’s hightop basketball sneakers called the “Gervin Mid” seeking to profit off the back of Mr. Gervin’s commercially valuable identity, without once seeking his consent.”
June 5, 2023 – Constitution
Challenge to N.Y. County’s ‘Boot and Tow’ Policy
A proposed class action has been filed in Brooklyn federal court against Nassau County, New York, accusing the county of unconstitutionally seizing plaintiff’s vehicle as a result of its warrantless “boot and tow” policy.
According to the complaint, Nassau County’s “boot and tow” policy, whereby the county will place a mechanical boot on the vehicle of a “scofflaw” who has two or more unpaid tickets, is unconstitutional, given that no warrant or court order is needed before a consumer’s vehicle is seized. Also, the complaint says, the policy does not afford the owner of a seized vehicle a hearing at which they can challenge the seizure or imposition of post-seizure liens.
Plaintiff alleges in her lawsuit that the county “Boot and Tow” policy is unconstitutional because it requires neither a warrant before seizing vehicles nor makes provisions for any form of hearing at which the owner can contest the confiscation of their property or its associated liens.
June 1, 2023 – Antitrust
Las Vegas Hotels Sued Over Alleged Room Rental Conspiracy
Several major companies that run prominent hotels on the famous commercial strip near Las Vegas face an antitrust lawsuit accusing them of conspiring to keep hotel room rates artificially high.
The suit, filed in federal court in Nevada, claims that defendants, including Caesars Entertainment Inc., Treasure Island LLC, Wynn Resorts Holdings LLC, and MGM Resorts International, used shared pricing algorithms to set rates instead of making “independent pricing and supply decisions.” Also named as defendants are Cendyn Group LLC and its subsidiary Rainmaker Group, which allegedly provide the algorithms.
Plaintiffs say in their suit that the group of hotel defendants, using shared data, could “defy supply and demand dynamics” in the hospitality industry. “Any units listed at prices exceeding the market price would be undercut by competitors and thus stay empty,” according to the complaint. “A hotel operator with overpriced, empty rooms would eventually go out of business,” thus allowing defendants to operate in a less competitive market and raise prices on their own.
May 31, 2023 – Labor & Employment
Eli Lilly Faces Lawsuit Alleging Age Discrimination
A proposed class action alleges that Eli Lilly & Company has “systematically” discriminated against qualified employees over the age of 40 by denying them promotions in favor of younger workers, according to a complaint filed in federal court in Indianapolis, Ind.
Eli Lilly’s “companywide age bias” towards younger employees is “well documented,” the complaint says, claiming that the company has been pushing to retain millennial employees by disproportionately promoting them over older workers with similar or better qualifications.
The complaint notes that Eli Lilly has faced similar age discrimination lawsuits in the past, including one in September 2022, when the Equal Employment Opportunity Commission claimed the company routinely failed to hire older employees on the basis of age. Another suit, pending as of August 2022, challenges the “systematic age discrimination” in defendant’s hiring procedures. In the current suit, 53-year-old plaintiff alleges that she was denied a district sales position in favor of a less-qualified employee who was 27 years old with less than two-and-a-half years of sales experience.
May 30, 2023 – Product Liability
‘Forever Chemicals’ Found in POM Wonderful Pomegranate Juice, Lawsuit Alleges
A proposed class action filed in Manhattan federal court claims that POM Wonderful pomegranate juice contains a significant amount of PFAS substances, commonly known as “forever chemicals.”
According to the complaint, The Wonderful Company and POM Wonderful “aggressively” promote their POM Wonderful 100% Pomegranate Juice as healthy, “All Natural,” and containing only the juice of four California pomegranates. However, the complaint says, independent testing has revealed that the product contains a “significant” amount of PFAS, a category of harmful artificial chemicals associated with serious effects on human and environmental health.
Plaintiff says in her suit that PFAS are considered toxic at even very low levels and are often referred to as “forever chemicals” because they accumulate in the body and environment over time. Research indicates, plaintiff says, that exposure to these man-made substances is linked to numerous adverse health conditions, including a heightened risk of several cancers, developmental complications in children, reproductive concerns, and other serious illnesses.
May 29, 2023 – Consumer Fraud
Elegant Comfort Said to Make ‘Egregiously False’ Thread Counts
A proposed class action accuses Elegant Comfort Inc. and Bespolitan Inc. of falsely claiming that certain bed sheet and pillow sets have a 1500 thread count.
The complaint, filed in federal court in Buffalo, N.Y., alleges that defendants’ marketing the products as having a 1500 Thread Count is “egregiously false and deceptive” in light of regulatory testing that showed the items’ actual thread count was significantly lower, around 180.
In her lawsuit, plaintiff says that the products at issue are all Elegant Comfort-brand bed sheet and pillow sets sold on e-commerce websites, including Amazon.com, with a 1500-thread-count claim in the product name. “Unfortunately for consumers,” plaintiff claims, “Defendants resort to false and misleading advertising to boost sales of the Products and gain a competitive edge in the market, all at the expense of unsuspecting consumers.”
May 25, 2023 – Privacy
Lawsuit Alleges Chick-Fil-A Secretly Shares Consumer Video-Viewing Data with Facebook
Chick-Fil-A has been hit with a proposed class action filed in San Francisco federal court, alleging the restaurant chain secretly shares with Facebook certain details about the videos consumers watch on the Chick-Fil-A website.
The complaint says that whenever someone watches a video on Chick-Fil-A’s website, the restaurant secretly reports their personally identifiable information and the titles of videos they watched and more to Facebook, for the dual purpose of data harvesting and targeted advertising. This action, the complaint claims, violates the Video Privacy Protection Act, which prohibits a “video tape service provider” from disclosing individuals’ information that identifies them as having “requested or obtained specific video materials or services.”
Plaintiff says in his suit that Facebook, owned by Meta Platforms, generates money by selling ad space on its platform “based upon its ability to identify user interests.” Thus, plaintiff says, the company can pinpoint a user’s interests by monitoring their “offsite” activity, allowing the platform to judge what they’re into “beyond what they freely disclose.”
May 24, 2023 – ERISA
States Seek to Block ESG Rule That Allegedly Violates ERISA’s Fiduciary Duties
Texas, along with 23 other states including Utah, Florida, and Georgia, has sued the Biden Administration to stop a new U.S. Department of Labor (DOL) rule that allegedly prioritizes “ill-defined” environmental, social, and governance (ESG) concepts into regulations involving the Employee Retirement & Income Security Act.
In their lawsuit filed in federal court in Amarillo, Tex., the states claim that the 2022 rule undermines key protections for retirement savings of 152 million workers —”approximately two-thirds of the U.S. adult population and totaling $12 trillion in assets” — in the name of promoting ESG factors in investing, including the Biden Administration’s stated desire to address climate change.
The rule is “arbitrary and capricious,” the states argue, in that it authorizes retirement plans to consider nonfinancial factors when administering trust assets, which violate federal tax and labor law. Specifically, the complaint says, the 2022 rule oversteps DOL’s statutory authority under ERISA, which does not permit fiduciaries to make investment decisions on the basis of any “factor other than the economic interest of the plan.” The action seeks a preliminary injunction.
May 23, 2023 – Intellectual Property
Walmart Accused of Copying Popular UGG, Teva Shoe Designs
Walmart Inc. faces a lawsuit filed in Los Angeles federal court accusing the company of copying well-known shoe designs including UGG boots and Teva sandals made by Deckers Outdoor Corp., the plaintiff in the action.
Defendant used “deceptive, unfair, and fraudulent business practices” in mimicking UGG, Hoka, and Teva brand shoes, plaintiff claims in its suit, which seeks damages for trade dress infringement, patent infringement and unfair competition.
Deckers says Walmart introduced the products “in an effort to exploit Deckers’ goodwill and the reputation” of products including the UGG Classic Ultra Mini. “The design of the Classic Ultra Mini Trade Dress,” Deckers argues, “is neither essential to its use or purpose, nor does it affect the cost or quality of the shoe. There are numerous other designs available, Deckers says, that are equally feasible and efficient, none of which necessitate copying or imitating the Classic Ultra Mini Trade Dress.”
May 22, 2023 – Labor & Employment
Wells Fargo Unlawfully Failed to Pay Overtime Wages, Lawsuit Alleges
Wells Fargo Bank NA has been hit with a proposed class action in federal court in Baltimore, Md., claiming it failed to pay overtime wages to fraud investigator employees in violation of the Fair Labor Standards Act (FLSA).
Plaintiff says in his suit that Wells Fargo employed him as a salaried fraud investigator who was classified as exempt from overtime. But this was a misclassification, plaintiff contends, as he and other fraud investigators regularly worked 40 to 50 hours or more per week and were not paid for the overtime hours they worked. The suit points to many examples showing that fraud investigators were not permitted to use independent judgment or discretion in determining which events should be subject to an investigation, such discretion being an important factor in exemption from overtime.
Wells Fargo fraud investigators do not meet the criteria set forth by the FLSA to be classified as exempt from overtime, plaintiff argues, and therefore they should be entitled to time-and-a-half wages for all hours worked over 40 hours in a workweek.
May 18, 2023 – Privacy
NFL Enterprises Accused of Sending ‘En Masse’ Spam Texts
In Manhattan federal court, NFL Enterprises LLC has been charged in a proposed class action of sending automated text messages to consumers without their permission.
NFL Enterprises, the complaint says, violated the Florida Telephone Solicitation Act (FTSA), which prohibits the use of an automated system to place “telephonic sales calls” without the prior express written consent of the called party. Plaintiff, a Florida consumer, claims to have received at least one spam text from defendant, even though he never consented to be contacted, The FTSA was enacted in July 2021.
The complaint contends that NLF Enterprises transmitted unlawful text messages to consumers in an “en masse fashion” using equipment “similar to a predictive dialer, inasmuch as it is capable of making numerous calls or texts simultaneously.” Plaintiff and any other consumer who has had their privacy intruded upon by NLF Enterprises are entitled to recover $500 for each FTSA violation and up to $1,500 for each knowing or willful violation, according to the complaint.
May 17, 2023 – Cybersecurity
T-Mobile Faces Lawsuit Over Data Breach That Affected Millions
A proposed class action alleges T-Mobile failed to exercise “reasonable care” in safeguarding the private information of millions of consumers, resulting in a widespread January 2023 data breach.
According to the complaint filed in Los Angeles federal court, “unencrypted and unredacted” names, birth dates, and demographic details of an estimated 37 million T-Mobile customers are believed to have been compromised in the data breach, which came to light only months after the company settled class action litigation over a 2021 data breach.
Plaintiff claims in her suit that as a result of the 2023 T-Mobile data breach, victims have incurred damages ranging from invasion of privacy and identity theft mitigation costs to the “deprivation of value” of their personal information. T-Mobile did not have in place cybersecurity procedures and practices that were appropriate enough in light of the sensitive, personalized information in its care, plaintiff says, adding that thus far the company has done little to protect consumers, or compensate them for damages related to the latest data breach.
May 16, 2023 – Product Liability
Olaplex Said to Cause Hair Loss, Scalp Burns, Other Injuries
A group of 28 women has filed a lawsuit in Los Angeles federal court against the makers of the popular hair care product Olaplex, claiming the product contains dangerous chemicals that may result in thinning hair, bald spots, and scalp injuries.
The Olaplex manufacturers, the complaint says, failed to disclose the risks associated with Olaplex, and that the hair care product contains dangerous chemicals, such as benzene. Benzene is an industrial chemical that has long been linked to fatal forms of leukemia and other cancers, according to the complaint.
In their suit, plaintiffs claim that the manufacturer advertises that its hair care products do not contain harsh or harmful chemicals, such as silicone, sulfates, formaldehyde, and gluten, and that ingredients used in the product formulation are safe for all hair. However, plaintiffs allege, these claims are false and misleading, as Olaplex products have been found to contain harsh ingredients, including benzene and other dangerous chemicals.
May 15, 2023 – Environment
Approval of Oil Leases Alleged to Cause ‘Serious Environmental Consequences’
Conservationists have sued the federal government to block the approval of oil and gas leases on 6,000 acres in New Mexico’s Permian Basin.
In a complaint filed in federal court in Albuquerque, N.M., plaintiffs — including the Center for Biological Diversity and Wildearth Guardians — challenge the U.S. Bureau of Land Management’s (BLM) issuance of oil and gas leases covering almost 6 thousand acres in the Permian Basin, in violation of the National Environmental Policy Act and the Federal Land Policy & Management Act.
“BLM hurried its environmental review process and ignored significant environmental impacts from development of the challenged oil and gas leases,” according to the complaint. Despite stated policies purporting to take an “all of government” approach to addressing the urgent climate crisis, the complaint says, the Biden Administration then rubber-stamped the Trump Administration’s decision to hold the January 2021 lease sale, despite the protests of conservation groups and their members, the result being the unlawful issuing of the leases in question.
May 11, 2023 – Labor & Employment
Owners of Amusement Park Accused of ‘Outrageous’ Age Discrimination
A proposed action alleges that the owners of Ohio-based Cedar Point Amusement Park have discriminated against seasonal employees over the age of 40 by offering company-provided subsidized housing to only younger workers.
According to the complaint filed in Cleveland federal court, Cedar Fair — owner of numerous amusement parks nationwide — and subsidiary Magnum Management Corporation “quietly instituted a new policy” in January 2021 that limited the company-provided housing benefit to seasonal employees between the ages of 18 and 29. This discriminatory policy, the complaint says, is “outrageous and malicious,” and aimed to “screen out” workers over 40 in order to build a younger seasonal workforce.
Plaintiff contends in his lawsuit that there are not enough subsidized dorms to cover all of the park’s seasonal workers, and defendants understand that many employees are unable to work unless they are given company housing. By setting an age limit for company-provided housing, plaintiff argues, defendants understood that they could stop many, if not all, seasonal employees over 40 from working at the facility.
May 10, 2023 – Product Liability
Bissell Homecare Sued Over Allegedly Fire-Prone Cordless Vacuums
Bissell Homecare Inc. misled consumers about the safety of certain cordless vacuum cleaners that had been recalled for a possible fire risk, alleges a proposed class action filed in San Francisco federal court.
For nearly 150 years, the complaint says, Bissell has built itself up as a brand consumers trust, with marketing statements like “We know the peace of mind that comes with having a clean home for those you hold closest to your heart.” Yet the company “has failed to ensure the basic safety” of its vacuums, which have faulty battery systems, circuit boards, and other faulty electronic components, the complaint claims.
Plaintiff alleges in her lawsuit that despite this longstanding history and promises made to consumers that using its vacuums leads to peace of mind, defendant has failed to ensure the product’s basic safety. Had she and other consumers known that the vacuums were defective, they would not have purchased them or would have paid significantly less, plaintiff says.
May 9, 2023 – Consumer Fraud
‘Misleading’ to Market ‘Acidic’ ACT Lozenges to Consumers With Dry Mouth, Lawsuit Claims
A proposed class action filed in Chicago federal court alleges that it is “misleading” for the maker of ACT “Soothing Mint” dry mouth oral lozenges to market the items to those suffering from dry mouth given that the products’ acidity could damage oral health.
The dry mouth lozenges have a pH value below the critical pH of root dentin or tooth enamel, according to the complaint, which means that the acidity levels can then begin to cause dental erosion, tooth sensitivity, and other adverse effects.
Dry mouth, or xerostomia, substantially increases the risk of tooth decay and other oral conditions, plaintiff says, adding that to relieve symptoms and prevent dental erosion, products like the ACT “Soothing Mint” dry mouth lozenges stimulate saliva production. However, plaintiff says, in order to prevent dental erosion, the product’s acidity level should be 6.7 pH or higher, but lab tests show that the ACT dry mouth lozenges registered a pH of only 5.72. “In light of the Product’s pH, it is misleading to market it to persons suffering from dry mouth because it will have a detrimental effect on oral health,” plaintiff argues.
May 8, 2023 – Disability Act
Lawsuit Challenges Lack of Accessibility for Disabled in Little Rock
A proposed class action claims the city of Little Rock, Ark., has neglected to make the city more accessible for the disabled community for almost 30 years, in violation of the Americans with Disabilities Act (ADA).
Filed in federal court in Little Rock, the complaint alleges that the city has violated the ADA and the Rehabilitation Act by failing to provide citizens with disabilities equal access to city offices. Plaintiff says in his suit that although Little Rock, as a recipient of federal funds, was required by law to evaluate its facilities to identify architectural and non-architectural accessibility barriers and complete changes to eliminate any structural barriers by January 1995, the city has not yet developed a transition plan to carry out these accessibility projects.
According to the complaint, recipients of federal funds must provide an opportunity for “interested persons,” including individuals with disabilities or organizations representing individuals with disabilities, to help identify problem areas in their facilities, services, policies, and practices. Recipients must then take steps to remediate these problem areas, the complaint says.
May 4, 2023 – Debt Collection
Debt Collector Accused of ‘Unconscionable’ Debt Collection Practices
Plaintiff claims in a proposed class action that the practices of debt collector UHG are unlawful in that it buys and attempts to collect on payday loans with “unconscionable” interest rates, in violation of the Fair Debt Collection Practices Act.
UHG is a third-party debt collection company that purchases unpaid debts from credit card companies, banks, auto loan companies, and other financial institutions. According to the complaint filed in San Diego federal court, defendant “knowingly and intentionally” engages in “harmful” debt collection practices by purchasing numerous debts — namely charged-off payday loans inflated by lofty interest rates — and subsequently files mass lawsuits against consumers in order to collect on the loans.
The facts of the case, the complaint says, involve a $3,500 payday loan to plaintiff at an annual percentage rate of 128.4 percent with lender CashNetUSA. Over the lifetime of the loan, the complaint says, plaintiff would pay more than $6,300 in interest, such that the total amount he would have to pay back would approach nearly $10,000. Plaintiff claims in his lawsuit that after falling behind on payments, his loan quickly inflated with an “exorbitantly high” interest rate plus penalties.
May 3, 2023 – Immigration
Monsanto Sued for Barring Non-U.S. Citizen from Roundup Settlement
Monsanto Co., wholly owned by Bayer Corp., has been accused of illegally excluding a Virginia farmworker from a settlement over claims its Roundup weedkiller causes cancer, because she is not a U.S. citizen.
In a complaint filed in federal court in Abingdon, Va., plaintiff, who used Roundup while working on tree farms in Virginia before being diagnosed with non-Hodgkin’s lymphoma in 2019, says she expected to share in a $412.8 million settlement with an average $120,000 payout.
But plaintiff says that her law firm, whom she is also suing, dismissed her from the case because of her Mexican citizenship in July 2021, seven months after it countersigned papers authorizing a payout. She alleges this dismissal constitutes a violation of her civil rights. In her lawsuit, plaintiff seeks unspecified damages and a requirement that Bayer let non-U.S. citizens, who comprise more than 70% of agricultural crop farmworkers, join in Roundup settlements.
May 2, 2023 – Consumer Fraud
Lawsuit Says ‘Authentic’ Adidas NHL Jerseys Falsely Advertised as ‘Same As’ Pro Player Uniforms
Although Adidas advertises that its “authentic” National Hockey League jerseys are the same as those worn by professional players, a proposed class action contends the Adidas shirts are in fact more like “replicas” than the jerseys worn by players on the ice during games.
The complaint, filed in federal court in Detroit, Mich., explains that “authentic” hockey jerseys are understood to be identical to uniforms worn by professional players during games, which are made with high-quality materials designed to be functional on the ice. While Adidas markets its jerseys as authentic and the same as that worn by players, the shirts are more accurately categorized as “replicas or even counterfeit,” the complaint argues.
Plaintiff claims in his lawsuit that Adidas sought to take advantage of consumers by misrepresenting the authenticity of its jerseys, which are sold at a premium price. In fact, plaintiff says, a $179 Adidas “authentic” jersey is sold for $50 more than comparable replica NHL jerseys, which are generally understood to be of lower quality, and not suitable for on-the-ice play. Plaintiff further states that the fabric used for Adidas’ jerseys is half the thickness of those worn by NHL players, the stitching is weaker, and the neck hole is smaller. On-ice jerseys are made with “premium craftsmanship” in Canada, the plaintiff notes, the birthplace of ice hockey, while Adidas’ jerseys are made in Indonesia.
May 1, 2023 – Labor & Employment
Lawsuit Claims HSBC Does Not Compensate Employees for Lunch Breaks
A proposed class action says that HSBC Bank USA failed to compensate its workers for 30-minute lunch breaks it allegedly forced them to work through.
Plaintiff claims in her suit filed in Manhattan federal court that HSBC told workers to clock out during their lunch breaks but required them to sit at their desks while they ate so they could answer phone calls and respond to customer inquiries. Plaintiff argues that the company did not compensate these employees for their time in what she says is a violation of the Fair Labor Standards Act. “Despite employees like Plaintiff never being permitted a free and clear meal break, Defendant never compensated Plaintiff and other employees for this time,” the suit contends.
In addition to failing to compensate workers for lunch breaks, the complaint states, HSBC also changed its policies during the pandemic that forced employees to engage in off-the-clock work. “As clients did not want to travel in public to Defendant’s branch offices, Plaintiff was forced to work after hours to pursue leads and word of mouth referrals,” according to the complaint.
April 27, 2023 – Constitution
Illinois Gun Rights Advocates Sue to Block Assault Weapon Ban
A gun rights group has filed a lawsuit in Illinois federal court challenging the state’s recently enacted ban on assault weapons and extended ammo magazines.
The Illinois State Rifle Association claims in its suit that the ban, signed by Governor J.B. Pritzker in January 2023 after passing both chambers of the Legislature, violates the Second and 14th Amendments of the U.S. Constitution. The ban, according to the complaint, prohibits the sale and purchase of most semiautomatic weaponry and large capacity magazines in Illinois, and with some exemptions bans assault weapon possession after New Year’s Day 2024. Current owners of semiautomatic weapons, the complaint says, will be allowed to keep their guns only if they register with the Illinois State Police, and then only on their private property or at approved sites like shooting ranges.
The law applies similar rules for current owners of extended ammo magazines, who will only be allowed to keep their magazines on their private property, at a shooting range, or at a licensed gun repair shop, the complaint says, noting that those who violate the new restrictions on either magazine or assault weapon ownership can face fines up to $1,000 as well as escalating criminal penalties.
April 26, 2023 – Environment
Environmental Groups Say Grizzly Bears Harmed by Predator Removal Program
The U.S. Fish & Wildlife Service illegally approved the continuation of its predator removal program in Montana, an action that will endanger already-threatened grizzly bears, according to a complaint filed by several environmental groups in federal court in Missoula, Mont.
Plaintiffs — including WildEarth Guardians, Western Watersheds Project, and Trap Free Montana — claim in their suit that the agency’s environmental assessment of the program incorrectly determined that it wouldn’t have any significant impact on grizzly bears, in violation of the Endangered Species Act.
The lawsuit challenges Fish & Wildlife’s May 2021 decision to continue its predator damage management program in Montana, which involves the use of traps, snares, aerial shooting, chemicals, poisons, and other methods to capture and kill native predators, including threatened grizzly bears. The suit also challenges the agency’s related environmental assessment and Finding of No Significant Impact for predator removal and its biological opinion about how predator removal may adversely affect grizzly bears and grizzly bear recovery.
April 25, 2023 – Privacy
Online Newspaper Subscribers’ Personal Data Secretly Shared With Facebook, Lawsuit Claims
A proposed class action filed in federal court in Tampa, Fla., alleges that Times Publishing Company, owner of TampaBay.com, secretly transmits digital subscribers’ personal data to Meta Platforms, parent company of Facebook, without consent.
Times Publishing, according to the complaint, is in violation of the Video Privacy Protection Act (VPPA), which prohibits “video tape service providers” from disclosing information about customers’ video viewing habits without prior consent. The “automatic and invisible” disclosures to Facebook, the complaint says, include subscribers’ unique Facebook IDs and the names and URLs of any videos plaintiff watched while on TampaBay.com.
Defendant, by disclosing its digital subscribers’ personal viewing information to Facebook, has “intentionally and knowingly violated VPPA,” the lawsuit charges, saying that TampaBay.com uses a Facebook tracking pixel to collect and transmit user information and activity back to the social media company. Facebook IDs can be used to identify users’ Facebook profiles and access all the public information appearing on their personal pages, the suit says.
April 24, 2023 – Consumer Fraud
Imperial ‘Whole Cashews’ Cans Said to Hold Mostly ‘Splits and Pieces’
Imperial Whole Cashews are deceptively marketed given that each container of the snack holds a mixture of predominately splits and pieces rather than whole cashews, according to a proposed class action filed in federal court in Birmingham, Ala.
The lawsuit alleges that Star Snacks, the maker of Imperial Whole Cashews, has intentionally misled buyers by labeling its product as “whole cashews,” with depictions of whole cashews on the package. Consumers who view the front label reasonably expect that Imperial Whole Cashews contain full pieces of the nut, but in fact 60 percent of the container consists of cashew halves, the suit says.
Plaintiff in her suit claims that Star Snacks has misrepresented Imperial Whole Cashews to “deceitfully compel” consumers to purchase the snack at a higher-than-normal price, even though cashew splits are “universally” recognized as inferior to the whole nut. If buyers had been aware that Imperial Whole Cashews cans contained mostly split cashews, plaintiff argues, they would not have bought the snack or would have paid substantially less for it. Imperial Whole Cashews are considered misbranded under federal and state regulations due to the product’s false and misleading labeling, plaintiff says.
April 20, 2023 – Product Liability
Ford Maverick Safety Canopy Side Curtain Airbags Are Defective, Lawsuit Claims
A proposed class action filed against Ford Motor Co. alleges that the “Safety Canopy” side curtain airbags in the 2022 Ford Maverick are defective, and that the problem “may increase the risk of injury in a crash.”
The complaint, filed in federal court in Detroit, Mich., says that the Maverick Safety Canopy airbags, which are mounted to the roof-side rail sheet metal behind the headliner and above each row of seats, are faulty in that the front row-side airbags allow for displacement of as much as roughly 112 millimeters (4.4 inches). This, the complaint says, is well in excess of federal requirements, in the event of a side impact crash or rollover.
Plaintiff says in his suit that the purpose of the requirement is to control the size of any gaps that form between the ejection mitigation side curtain airbag and the window opening, which together decrease the potential for partial and complete ejection of a vehicle occupant during a crash. Side curtain airbags, such as the Safety Canopy airbags, which inflate between the side window area and a vehicle occupant for further protection in a side crash or rollover, play a “crucial role” in not only protecting vehicle occupants’ heads from a side impact crash but also preventing them from being ejected during a rollover, plaintiff contends.
April 19, 2023 – Intellectual Property
AI Art Generators Accused in Copyright Suit of Violating Artists’ Images
In San Francisco federal court, a group of artists has filed a proposed class action against AI generators Stability AI Ltd., Midjourney Inc., and DeviantArt Inc., alleging infringement over using copyrighted images to train AI tools.
Plaintiffs claim, in what would be a first-of-its-kind litigation, that the AI companies downloaded and used billions of copyrighted images without obtaining the consent or compensating any of the original artists.
The software used by defendants, according to the complaint, produces “seemingly new images through a mathematical software process.” These “new” images are in fact “derivative works” of plaintiffs’ images, and compete in the marketplace with the original images. Thus, the complaint says, defendants must pay to commission or license an original image from that artist.
April 18, 2023 – Cybersecurity
Hanes Brands Faces Data Breach Class Action Alleging ‘Reckless’ Security
Multinational clothing company Hanesbrands Inc. has been hit with a proposed class action alleging its negligence caused a May 2022 data breach that exposed the personal information of thousands of employees.
According to the complaint filed in federal court in Winston Salem, N.C., the breach was the direct result of the company’s failure to encrypt employees’ information and implement adequate cybersecurity procedures to protect this information. The data exposed in the breach, the complaint says, included names, Social Security numbers, birthdates, driver’s license numbers, addresses, information related to benefits and employment, health information, and financial account information.
Plaintiff claims in her lawsuit that defendant maintained employees’ private information in a “reckless manner” that made it vulnerable to cyberattacks. This was a “known risk” to Hanes, plaintiff says, and thus the company was on notice that failing to take steps necessary to secure the private information from those risks left that property in a dangerous condition that was exploited by cyber-criminals.
April 17, 2023 – Labor & Employment
CVS Sued by Fired Nurse Who Refused to Prescribe Birth Control
A nurse practitioner who worked at a CVS Health Corp clinic alleges the company unlawfully discriminated against her because of her religious beliefs when she was fired for refusing to prescribe contraceptives.
In her lawsuit filed in federal court in Fort Worth, Texas, plaintiff claims her firing violated Title VII of the Civil Rights Act of 1964, which forbids employers from discriminating on the basis of religion and requires them to make reasonable accommodations for their employees’ religious beliefs. Plaintiff says CVS had accommodated her beliefs for more than six years before changing its policy, and could have continued doing so.
In changing its policy in 2021, the complaint says, CVS said it now considered that prescribing contraceptives would be deemed an “essential” part of clinic practitioners’ jobs. Plaintiff counters by arguing that “An employer cannot sidestep Title VII’s requirement to accommodate religious employees by merely labeling a particular function “essential.”
April 13, 2023 – Civil Rights
Texas Medical Schools Accused of Bias Against White, Asian Men
A proposed class action names six state-run medical schools in Texas as being in violation of federal anti-discrimination laws by giving preferences to female and non-Asian minority applicants.
Plaintiff, a white male, filed his lawsuit in federal court in Lubbock, Texas, alleging violations of Title VI and Title IX of the Civil Rights Act, “which prohibit all forms of race and sex discrimination at medical schools and universities that receive federal funds and make no exception for diversity-based affirmative-action programs.” The University of Texas and Texas Tech University operate the schools named in the suit.
According to the complaint, plaintiff in 2021 obtained enrollment data for the six schools after he was denied admission. The data, the complaint says, revealed that Black, Hispanic and female students at the schools had significantly lower grade-point averages or test scores than white or Asian male students. Plaintiff says in his suit that this shows that the schools gave preferences to female and non-Asian minority applicants.
April 12, 2023 – Environment
Burning Man Challenges Biden Admin Over Geothermal Exploration Approval
Biden administration approvals allowing a developer to explore northwestern Nevada for opportunities to build geothermal energy plants ignored the “inevitable” impacts from final development on resources such as natural springs, the arts and cultural festival Burning Man claims in a lawsuit filed in federal court in Nevada.
The festival, along with several conservation and environmental groups, alleges in its lawsuit that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act and other laws last year when it conducted an allegedly limited environmental review that only considered impacts from exploration on the town of Gerlach, Nev. (gateway to the festival).
Burning Man, which owns or operates over 4,000 acres in the area and attracts 70,000 people to the region each year for the festival, argues that BLM’s greenlight for geothermal drilling exploration “failed to consider the bigger picture.” If viable resources are found, Burning Man says, it will lead to a power plant being built and possible spring water depletion, the area springs being vital for the Black Rock desert’s full-time community in Gerlach.
April 11, 2023 – Securities
CoinDeal Crypto Creators Charged by SEC in Connection with $45 Million Fraud
The U.S. Securities & Exchange Commission has accused those involved in an allegedly fraudulent investment scheme named CoinDeal of raising more than $45 million from sales of unregistered securities to tens of thousands of investors worldwide.
Filed in Detroit federal court, the SEC civil complaint alleges defendants falsely claimed that investors could generate extravagant returns by investing in a blockchain technology called CoinDeal that would be sold for “trillions of dollars to a group of prominent and wealthy buyers.” From at least January 2019 to 2022, the complaint states, defendants disseminated false and misleading statements to investors regarding the purported value of CoinDeal, the parties involved in the supposed sale of CoinDeal, and the use of investment proceeds.
In fact, the SEC says in its suit, no sale of CoinDeal ever occurred and no distributions were made to CoinDeal investors. “We allege the defendants falsely claimed access to valuable blockchain technology and that the imminent sale of the technology would generate investment returns of more than 500,000 times for investors,” the SEC says, whereas in reality “this was all just an elaborate scheme where the defendants enriched themselves while defrauding tens of thousands of retail investors.”
April 10, 2023 – Product Liability
Lawsuit Alleges 2019-2023 Subaru Models Equipped With Defective Infotainment Systems
A proposed class action filed in federal court in Trenton, N.J., alleges certain 2019-2023 model year Subarus are equipped with defective Starlink infotainment systems.
According to the complaint, 2019-2023 model year Subaru Outback, Legacy, Forester and WRX vehicles are plagued by touchscreen Starlink systems that can freeze, become non-responsive, experience “ghost touch” or phantom input, shut off, reboot, or work intermittently or not at all. Subaru, the complaint says, is “aware of the problem” but has been unable to fix the issue by way of repairs, replacements or software updates.
Plaintiffs claim in their suit that the defect poses a significant safety concern, as a malfunctioning Starlink system can distract a driver, frustrate vehicle occupants and impact critical safety systems, including Subaru’s road-scanning EyeSight feature. Of particular concern, plaintiffs say, is the potential failure of an affected Subaru’s backup camera, as back-over crashes kill hundreds each year and injure thousands more.
April 6, 2023 – Antitrust
Live Nation, Ticketmaster Face Antitrust Action Over Taylor Swift ‘The Eras’ Tour Ticket Sales
In the wake of the well-publicized debacle involving the Taylor Swift “The Eras” tour ticket sales, a proposed class action has been filed against Ticketmaster and its parent company, Live Nation, alleging anticompetitive conduct concerning the presale, sale and resale of the concert tickets in November 2022.
Plaintiff claims in her lawsuit filed in Los Angeles federal court that the monopoly power that Live Nation and Ticketmaster hold over the primary and secondary ticketing services market comes at the expense of consumers, specifically the 2.4 million Taylor Swift fans who may have unknowingly purchased “The Eras” Tour tickets at significantly inflated prices.
As part of their “anticompetitive scheme,” according to the complaint, the defendants have coerced major concert venue operators, including virtually all venues hosting “The Eras” tour, into long-term exclusive contracts with Ticketmaster. And the company’s market dominance has evidently paid off, the complaint says, as over 70 percent of tickets for major concert venues in the United States are sold through Ticketmaster’s online platforms. Plaintiff further contends that Ticketmaster uses technology that allows it to charge fees on every ticket that is resold by limiting buyers from transferring tickets “unless those tickets are resold through Ticketmaster’s secondary ticketing platform,” thus allowing the company to charge fees to both the reseller and buyer of each resold ticket.
April 5, 2023 – Privacy
Lawsuit Claims Meta, TikTok Ad Tracking Invades Health Privacy
Direct-to-consumer pharmacy Hey Favor Inc. shared sensitive medical information with companies including Meta Platforms Inc. (parent company of Facebook and Instagram) and TikTok Inc. for advertising purposes in an “extreme invasion” of privacy, alleges a proposed class action filed in San Francisco federal court.
According to the complaint, the disclosures — made via code embedded on the website — occurred despite express guarantees that Hey Favor, now available in 49 states, does not sell or market the personal information it collects. This information, the complaint says, includes users’ prescription information (e.g., that they were prescribed birth control), answers to health questions (e.g., “what is your most recent blood pressure reading?” and “have you had or do you currently have breast cancer?”), medication side effects, allergies, age, and weight.
Plaintiff claims in her suit that she provided her information to Hey Favor based on the company’s repeated assurances that her intimate health data and other information would remain protected and confidential. “Defendants’ disclosure and interception of this information without consent constitute an extreme invasion of Plaintiff’s and Class members’ privacy” in violation of the federal Health Insurance Portability & Accountability Act and several state privacy laws, the suit contends.
April 4, 2023 – Constitution
Bar Harbor Businesses Sue Over Town’s Limits on Cruise Ship Passengers
Several waterfront businesses are challenging limits on the number of cruise ship passengers allowed to disembark in the port of Bar Harbor, Me.
According to the complaint, local voters in November 2022 approved a cap of 1,000 passengers per day in Bar Harbor, the largest town on Mount Desert Island, home to Acadia National Park. That compares to 2,000 to 4,500 passengers who normally disembark daily during the cruise ship season, the complaint says.
The lawsuit, filed in federal court in Bangor, Me., contends the limit is “draconian and arbitrary,” violates the constitution and prevents cruise ships and maritime facilities from engaging in federally approved operations. “The 1,000-person disembarkation limit, which covers passengers and crew, is antithetical to the Supremacy and Commerce clauses of the US Constitution and the resultant comprehensive federal regulatory scheme that governs the operations of cruise ships and maritime facilities,” plaintiffs argue.
April 3, 2023 – Consumer Fraud
Kraft Capri Sun Apple Juice Not ‘All Natural’ as Advertised, Lawsuit Alleges
A proposed class action filed in Manhattan federal court accuses Kraft Heinz Foods Company of misleading consumers by marketing Capri Sun apple juice as “all natural” and free of synthetic additives when in fact it contains citric acid, an artificial preservative.
The apple juice is promoted as containing “All Natural Ingredients” and “No Artificial Colors, Flavors or Preservatives” — phrases with increasing appeal among shoppers, the complaint says, because of the belief that so-call natural foods are healthier.
In her suit, plaintiff claims that despite the presence of an artificial additive in its apple juice, Kraft Heinz structured its marketing to capitalize on consumers’ willingness to pay more for products made with natural ingredients and without preservatives. Although the production of citric acid begins with the fermentation of natural ingredients and uses a natural fermentation process, the “multiple chemical reactions, synthetic mineral salts and synthetic reagents required for extracting citric acid mean it is not a natural preservative, but an artificial one,” plaintiff argues.
March 30, 2023 – Breach of Contract
Washington State Sues Plastic Surgery Provider Over Fake Reviews
A plastic surgery provider is being sued in Seattle federal court for allegedly posting fake positive reviews online and intimidating or bribing patients to remove negative reviews.
In the lawsuit filed by the state of Washington, the state attorney general claims that Allure Esthetic and its owner, Dr. Javad Sajan, misled patients and the public “through a multitude of unlawful, unfair and deceptive practices.”
For example, according to the complaint, Allure directed its employees to create fake email accounts in order to write and post fictitious positive reviews on sites including Google and Yelp. Further, the complaint says, Allure threatened to sue patients if they refused to delete negative reviews. The practice also had more than 10,000 patients sign nondisclosure agreements before receiving treatment that restricted them from posting negative reviews online.
March 29, 2023 – Environment
Environmental Groups Say EPA Fails to Regulate Gas Powerplant Air Pollution
The Environmental Defense Fund and the Sierra Club have filed a lawsuit in San Francisco federal court seeking to force the U.S. Environmental Protection Agency to uphold its responsibilities to review and revise the air pollution emission limits for new power plants that use gas as fuel.
Under the Clean Air Act, the complaint says, the EPA is required to review and revise the emission limits, called new source performance standards, for new, modified and reconstructed stationary combustion turbines every eight years. However, plaintiffs claim, the EPA has not updated these standards for 16 years, which has caused avoidable and unnecessary harm to the public and environment.
Plaintiffs say they jointly served a written notice to the EPA in September 2022, more than sixty days prior to the filing of the lawsuit, but the agency did not provide an adequate reason for its inaction. Current limits for nitrogen oxides and other emissions from new gas plants were last updated in 2006, according to the complaint, but have been neglected since, allowing many new plants to release excessive levels of the gasses that contribute to the formation of ozone and smog.
March 28, 2023 – Product Liability
OGX Dry Shampoo Contains Toxic Carcinogen Benzene, Lawsuit Alleges
Johnson & Johnson Consumer Inc. and Vogue International LLC (a unit of J&J) face a proposed class action that alleges the companies’ OGX-brand dry shampoo contains dangerous levels of the carcinogen benzene.
The manufacturers “knowingly,” or at least “negligently,” marketed and sold dry shampoo products contaminated with “dangerously high levels of benzene” to consumers across the country, putting thousands at risk from the known human carcinogen, according to the complaint filed in Chicago federal court. The chemical is “poisonous at any level of exposure,” the complaint says, and defendants not only failed to properly test their products but subsequently “concealed this fact [from] consumers.”
Plaintiff claims in her suit that the presence of benzene in OGX dry shampoos — particular the Extra Strength Dry Shampoo Coconut Miracle Oil variety — renders the products adulterated and misbranded, and thus illegal to sell under federal and state law. The Food & Drug Administration, plaintiff says, has stated that benzene should not be used in the production of drugs or consumer goods due to its “unacceptable toxicity.”
March 27, 2023 – Securities
SEC Names 8 Influencers in $100 Million Securities Fraud
The Securities & Exchange Commission has accused eight individuals in a $100 million securities fraud scheme in which they allegedly used the social media platforms Twitter and Discord to manipulate exchange-traded stocks.
According to the SEC’s civil action filed in Houston federal court, defendants promoted themselves as successful traders and cultivated hundreds of thousands of followers on Twitter and in stock trading chatrooms on Discord. The defendants, the SEC claims, purchased certain stocks and then encouraged their substantial social media following to buy those selected stocks by posting price targets or indicating they were buying, holding or adding to their stock positions.
However, the complaint alleges, when share prices and/or trading volumes rose in the promoted securities, defendants regularly sold their shares without ever having disclosed their plans to dump the securities while they were promoting them. “The defendants used social media to amass a large following of novice investors and then took advantage of their followers by repeatedly feeding them a steady diet of misinformation, which resulted in fraudulent profits of approximately $100 million,” the SEC says.
March 23, 2023 – Labor & Employment
Ex-Walgreens Employees Say They Lost Health Insurance Due to Inadequate Notice of Rights
A proposed class action filed in federal court in Tampa, Fla., alleges Walgreens Co. failed to provide former health plan participants with adequate notice of their right to continued health insurance coverage, as required under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
According to the complaint, COBRA requires that group health plan sponsors like Walgreens must notify qualified individuals of their right to retain health coverage upon termination or another “qualifying event” defined by the statute. Instead of using the Department of Labor’s model COBRA form, the complaint says, Walgreens sent plan participants multiple documents that offered only part of the legally required information “in haphazard and piece-meal fashion.”
Plaintiffs claim in their lawsuit that they lost their health insurance because they could not understand Walgreens’ “confusing” enrollment notices. The documents provided by Walgreens, plaintiffs say, adhered to the model notice “only to the extent that served defendant’s best interests,” adding that defendant’s notification method discouraged qualified individuals from enrolling in COBRA so the pharmacy could pocket the unclaimed expenses.
March 22, 2023 – Privacy
Sirius XM Radio Faces Class Action Over Telemarketing Calls
Four individuals allege in a proposed class action that Sirius XM Radio Inc. has for years been sending them unwanted telemarketing calls.
In their lawsuit, plaintiffs claim they received call after call from Sirius XM, even though they were on the do-not-call registry, according to the complaint filed in federal court in Urbana, Ill. And as such, the complaint says, Sirius XM phoned them without their consent, in violation of the federal Telephone Consumer Protection Act and Illinois state telemarketing laws.
Plaintiffs say that these calls occurred even though they either put their numbers on the do-not-call registry or told SiriusXM directly that they did not want to receive the calls. Sirius XM is well aware of its illegal calling practices, plaintiffs contend, noting that hundreds of people have contacted the Federal Trade Commission to complain about these calls, and the defendant has entered into class action settlement agreements twice in which it agreed to pay over $60 million to class members. However, even with the settlements, defendant has continued its illegal calls, plaintiffs say.
March 21, 2023 – Intellectual Property
Empower Investment Co. Claims Rights to Term ‘Empower’
The Empower Annuity Insurance Co. of America has accused credit company Empower Finance of marketing and selling goods and services that violate plaintiff’s trademark rights.
In a complaint filed in federal court in Denver, Colo., Empower Annuity says that it holds several registered trademarks incorporating the term “Empower.” These trademarks, the complaint says, involve a myriad of financial services and related products to individual customers throughout the United States. The products covered by the trademarks include retirement and investment products and services, personal finance and portfolio management products and services, and advisory and educational resources.
In its lawsuit, Empower Annuity claims that defendant Empower Finance has introduced several new offerings, including cash advance and revolving line of credit systems, that use the term “empower” in a manner that causes confusion with plaintiff’s products. For example, in 2020 defendant launched “Empower Cash Advance,” a service offering pre-payday cash lending, and in 2022 “Empower Thrive,” which offers a revolving line of credit. These services, plaintiff contends, use marks that are identical or confusingly similar to plaintiff’s trademarks.
March 20, 2023 – Consumer Fraud
Lawsuit Alleges Tide Detergent Bottle Does Not Yield 64 Loads as Advertised
In a proposed class action, Procter & Gamble Co. is accused of misleadingly advertising Tide detergent as containing enough detergent for 64 loads, when the small print clarifies that is only if a consumer uses a small amount of detergent per load.
P&G manufactures and sells 2.72 liters of detergent marketed as sufficient for 64 loads of laundry under the Tide brand, according to the complaint filed in federal court in White Plains, N.Y. However, the complaint says, only if consumers turn the container around and navigate “hundreds of words of varying size and fonts” will they learn the amount of detergent is only sufficient for approximately 64 loads if measured just below Bar 1 on the cap.
Plaintiff claims in her suit that for the majority of Americans who do laundry in loads reasonably characterized as “full,” they will only be able to get half as many, or 32 loads of laundry, from the product when run at high efficiency. Representing that the product can provide 64 loads when these are the smallest size loads of laundry is misleading because consumers expect transparency, plaintiff says, adding that as a result of the misleading representations, P&G sells the product at a premium price of $12.99 for 92 oz.
March 16, 2023 – Environment
Gov’t Accused of Failing Gray Wolves Under Endangered Species Act
The Center for Biological Diversity in a lawsuit filed in the District of Columbia seeks to have the U.S. Fish & Wildlife Service refresh a recovery plan for the gray wolf that, the center claims, the agency hasn’t updated in a timely fashion as required by the Endangered Species Act (ESA).
Before a government-sponsored predator killing curbed their numbers to approximately 7,000, a population that lives almost entirely in northeastern Minnesota, the gray wolf had a population of about 2 million and territory that spanned much of the United States, according to the complaint. The species now allegedly exists only at about 1% of its historical numbers, a percentage that the center in its suit blames on the absence of a sufficient recovery plan.
“The agency’s refusal to complete a national wolf recovery plan, besides violating the [ESA], neglects both the people who want this majestic species to recover and the wolves who are so important to our country’s biodiversity,” the center argues, adding that while Fish & Wildlife does have a recovery plan for the gray wolf, it was one developed in 1992 and is now outdated. The ESA requires a complete status review every five years, the center says.
March 15, 2023 – Cybersecurity
Blackhawk Network Faces Lawsuit Over Data Breach
Blackhawk Network Inc. is accused in a proposed class of failing to protect customers’ personal information in connection with a September 2022 data breach that affected nearly 166,000 consumers.
Plaintiffs allege in their suit filed in federal court in Oakland, Calif., that Blackhawk, a provider of prepaid gift cards and incentive cards, failed to properly secure and safeguard personally identifiable information provided by customers when they activated their cards.
Sensitive information exposed in the breach, according to the complaint, included names, email addresses, phone numbers, payment card data, expiration dates, and CVV security codes. The aggregate information acquired by cybercriminals in this data breach is “particularly concerning,” the complaint says, considering that defendant’s customers provided private information that can be used to commit fraud against plaintiffs and class members as well as steal their identities.
March 14, 2023 – Constitution
Lawsuit Challenges Military Insurance Program Over Exclusion of Sex Reassignment Surgery
A U.S. Marine veteran has filed suit over the refusal of the federal insurance program for military service members and veterans to cover gender-affirming surgeries for his transgender daughter.
Plaintiff claims in his suit against the Department of Defense filed in federal court in Portland, Maine, that the refusal is based on an “antiquated” 1976 federal statute that lists “gender change” surgery as a cosmetic procedure not eligible for coverage. This refusal, plaintiff says, constitutes a violation of the right to due process and equal protection as guaranteed by the U.S. Constitution by discriminating against his daughter on the basis of sex and transgender status.
According to the complaint, plaintiff served in the military for 23 years and was honorably discharged. His daughter, the complaint says, was diagnosed in 2018 at age 17 with gender dysphoria, the condition that comes from identifying as a gender different from the one assigned at birth. Military health insurance denied coverage for plaintiff’s daughter, who is covered by her father’s plan, to have laser hair removal and facial feminization surgery, the complaint says, adding that the program also denied coverage for vaginoplasty, a gender-affirming genital surgery.
March 13, 2023 – Product Liability
Lenovo Desktop Computers Said to Contain Hardware, Software Defects
Lenovo (U.S.) Inc. manufactured and sold Lenovo desktop computers containing hardware and software defects that cause the device to frequently freeze and/or crash, alleges a proposed class action filed in federal court in Grand Rapids, Mich.
Plaintiff claims in his lawsuit that Lenovo misled consumers who expected the Lenovo Legion T5 28IMB05 desktop computer to “function reliably for games, graphic design and other everyday use without freezing or crashing.” The affected Lenovo desktop computers, plaintiff argues, contain NVIDIA audio and graphics drivers believed to be incompatible with the desktop’s other drivers, software and components.
“While temporary options have been proposed including re-installing the relevant drivers, a permanent solution has not or took significant amounts of time to materialize,” according to the complaint. The defect, the complaint says, is “especially frustrating” for affected users since Lenovo has failed to categorize the issue as a defect, preventing them from being able to get warranty coverage to fix it. “Consumers expect a computer represented – directly or indirectly – as capable of functioning reliably, not freezing or crashing, and running smoothly during operation,” plaintiff says.
March 9, 2023 – Consumer Fraud
Kraft’s Mac & Cheese Isn’t Actually ‘Ready in 3.5 Minutes,’ Lawsuit Alleges
In a proposed class action, plaintiff contends that Kraft Heinz Foods Co. misled consumers when it claimed its Velveeta Shells & Cheese product is “ready in 3.5 minutes.”
Plaintiff alleges in her suit filed in Miami federal court that the 3.5 minutes represents the time to microwave the product, which is only one of four steps that consumers must take before the shells and cheese are ready to eat.
Consumers of the product, according to the complaint, must also remove the lid and cheese sauce pouch; add water to the cup and stir; and, after microwaving, stir in the cheese sauce. The deceptive claim, the complaint says, allows Kraft to charge a premium price for the product. Plaintiff says she might not have bothered buying the Shells & Cheese product “had she known the truth.”
March 8, 2023 – Intellectual Property
Patagonia Accuses Gap of Copying ‘Iconic’ Flap Pocket
Outdoor clothing retailer Patagonia Inc. has filed a lawsuit in San Francisco federal court accusing Gap Inc. of illegally copying the “iconic” snapped flap pocket that Patagonia has used on fleece outerwear for more than three decades.
In its suit, plaintiff Patagonia claims that defendant Gap is “willfully and deliberately” selling fleece jackets that mimic plaintiff’s flap pocket and rectangular “P-6” logo without permission.
Plaintiff says defendant’s actions undermined plaintiff’s goodwill, and were intended to confuse shoppers into believing defendant made the jackets or that plaintiff had given permission for defendant use its trademarks. Plaintiff also says it had warned Gap in prior years to stop copying its products, indicating that the alleged “adoption of designs and logos bearing even more similarity cannot have occurred by accident.”
March 7, 2023 – Environment
Baltimore Sues Tobacco Companies Over Cigarette-Butt Litter
In what it calls a “first of its kind” lawsuit, the city of Baltimore has filed suit against tobacco companies Philip Morris, Altria Group, and others over cigarette-butt litter, arguing that defendants are responsible for the discarded filters that cost the city millions to clean up every year.
The suit filed in Maryland state court alleges that the tobacco companies’ refusal to use biodegradable cigarette filters or to add labels to packaging that warn about the dangers of discarded filters contributes to an estimated $5.3 million annual bill for cleanup, paid primarily by the city. Discarded filters can leach toxic cigarette additives such as heavy metals, formaldehyde, and benzene into groundwaterr and soil, according to the complaint.
The city claims the cigarette companies have repeatedly refused to use biodegradable alternatives, since customers prefer the “draw” of the non-biodegradable filters. In addition, the city claims the companies have refused to add warnings that would inform smokers about the proper way to dispose of the toxic filters, fearing doing so would reduce sales.
March 6, 2023 – Unjust Enrichment
Lawsuit Claims Neutrogena ‘Baby Sunscreen’ Sold at Premium Over Identical Adult Version
In a proposed class action, plaintiff, who bought Neutrogena SPF 50 sunscreen for babies, is suing manufacturer Johnson & Johnson Consumer Inc., alleging the company sells almost the exact same product for adults, but at half the price.
J&J makes and sells zinc oxide SPF 50 sunscreens in stick form for babies and for adults under the Neutrogena brand, according to the complaint filed in Brooklyn federal court. Though the two products appear distinct, the complaint says, with the baby variety containing numerous label statements and features absent from the adult version, they are basically identical, yet sold at dramatically different prices.
Plaintiff in her lawsuit says the federal government has made moves to prevent companies from leveling a “pink tax” or “kids’ tax” that makes identical products more expensivein the “baby” version. The back label of the Neutrogena sunscreen baby version describes it as an “extra gentle formula that is ideal for baby’s delicate, sensitive skin.” This marketing, plaintiff says, leads parents to believe the baby version is specifically designed for their babies’ needs. “The result is that parents will pay significantly more for such products, which is why, on a per ounce basis, the Baby version is $16.96, almost two times the price of the Adult version at $8.65.”
March 2, 2023 – Product Liability
Hearing Loss Caused by Eye Disease Drug Tepezza, Lawsuit Alleges
Plaintiff claims that she was left with permanent and irreversible hearing loss caused by side effects of Tepezza, after manufacturers of the thyroid eye disease injection failed to adequately warn users or the medical community about the potential risks associated with the treatment.
The complaint, filed in Chicago federal court, names as defendant the drug maker Horizon Therapeutics USA Inc. Tepezza, the complaint says, is a biologic treatment approved by the FDA in January 2020 to treat thyroid eye disease, characterized by inflammation of eye muscles, eyelids, tear glands and fatty tissues behind the eye. This can lead to blurred or double vision and can cause the eyes to appear to bulge.
In her suit, plaintiff says the FDA allowed Tepezza’s approval through a fast-track Orphan Drug designation, which allowed Horizon to introduce the medication without extensive testing or studies. However, plaintiff alleges, the drug maker knew or should have known that Tepezza side effects cause hearing loss before it was ever submitted to the FDA, and that the company continued to aggressively market the drug shortly after it was approved, without warning users or the medical community about the importance of monitoring for hearing loss or ear damage during treatment.
March 1, 2023 – Antitrust
YouTube TV Users Say Disney Unlawfully Inflates Streaming TV Prices
Subscribers to YouTube TV have sued The Walt Disney Co in San Francisco federal court, alleging the company’s business agreements with competitors have artificially pushed up how much consumers pay across the market for live television streamed over the internet.
In their proposed class action, plaintiffs argue that Disney’s control of both Hulu, the country’s second-largest live streaming pay television provider, and the sports network ESPN has allowed the company “to set a price floor” for the market and to “inflate prices marketwise by raising the prices of its own products.”
According to the complaint, Disney requires streaming providers such as YouTube TV to include ESPN as part of a base package, and plaintiffs claim they “paid prices for their YouTube TV subscriptions that were higher than they would have been absent Disney’s anticompetitive conduct.”