Toyota Entering Settlement Negotiations Over Sudden-Acceleration Vehicle Injuries

Toyota Entering Settlement Negotiations Over Sudden Acceleration Vehicle Injuries After nearly four years, Toyota is ready to settle the nearly 400 state and federal lawsuits that alleged that Toyota cars suddenly accelerated, causing vehicle deaths and injuries.

Millions of cars have been recalled since 2009. The settlement discussions have ensued after an Oklahoma jury awarded $3 million in damages to the driver of a 2005 Toyota Camry that and to the family of the passenger who was killed.  Prior to that, Toyota had been been absolved of liability in several jury trials held around the country.

Toyota previously agreed to pay more than $1 billion to resolve hundreds of lawsuits claiming that owners of its cars suffered economic losses because of the recalls.

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Kaiser Privacy Breach and HIPAA Violation – Legal Claims for Victims of Anaheim Privacy Breach

Kaiser Privacy Breach and HIPAA Violation   Legal Claims for Victims of Anaheim Privacy Breach

Kaiser’s Anaheim Center was the site of a major data breach.


On December 10, 2013, Kaiser Permanente notified 49,000 patients that some of their personal information was compromised in a September data breach at Anaheim Medical Center in Orange County, California.

Kaiser said a flash drive was reported missing Sept. 25 from the nuclear medicine department of the hospital. Patients were notified of the breach on Dec. 3.

Continue reading Sued as “One of the Biggest Conspiracies Ever Executed on the Internet” Sued as One of the Biggest Conspiracies Ever Executed on the Internet has been sued as “one of the biggest conspiracies ever executed on the Internet.”  A new class action lawsuit brought in New York federal court claims that uses thousands of photos of people who have nothing to do with the dating service in fake “profiles” to lure customers.

InterActiveCorp, the company operating, makes $350 million a year from online dating according to the lawsuit.   The lawsuit asserts that knowingly uses photographs of hundreds of thousands of fake profiles and photographs that are created by criminals in international locations.

“Defendants knowingly and intentionally conspire with criminals operating from locations including Internet cafes in Nigeria, Ghana, and Russia, who manually and through the use of software and other computer devices, submit a high percentage of profiles on defendants’ web sites incorporating photographs of plaintiff and members of the class. …  The tragedy of this case is twofold, as the American victims of Internet fraud on defendants’ sites, (estimated to be at least thousands), mostly widows, widowers, and divorcees age 50 and over, have been defrauded out of as much as hundreds of millions of dollars over the past six-plus years through fraudulent dating profiles on defendants’ sites, and those of its competitors.”
The lawsuit seeks class certification, an injunction, $500 million in compensatory damages and $1 billion in punitive damages for Lanham Act and RICO violations, fraud, copyright infringement, negligence, unjust enrichment, and state law violations.

The complaint includes 35 pages of exhibits of allegedly fake profiles that use photos of class members.

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Tea Party Files Class Action Against IRS Asserting Discrimination

Tea Party Files Class Action Against IRS Asserting Discrimination

Tea Party Files Class Action

A California Tea Party group, NorCal Tea Party Patriots, has sued the IRS yesterday, in connection with the recently revealed news that the federal government was scrutinizing them disparately because of their political affiliations.

According to Ginni Rapini, the group’s founding president, as told to KGO-ABC7 in San Francisco, the IRS requested voluminous data when they were applying for tax-exempt status.   ‘They wanted every email I had ever sent out,’ she said. ‘They wanted the transcripts of every speech from any speaker at any event, meeting or anything that we had had,” Rapini reported to ABC7.  More than two years passed while their application remained pending.

NorCal Tea Party’s lawsuit asserts that the  IRS has violated its rights under the First and Fifth Amendments to the U.S. Constitution.  They claim that the IRS “engaged in systematic discrimination based upon the speech, expressed viewpoints, and association of NorCal Tea Party Patriots, its members, and similarly situated groups.”

It is unclear to what extent the lawsuit was brought merely to make a statement in and of itself, given the likelihood that it will not ultimately succeed.  Class actions, by their nature, require the injured victims to have suffered nearly-identical injuries so as to prove typicality among the class.  It is hard to imagine how individualized tax-exempt applications are not unique to each tax-exempt applicant.  Further, the Supreme Court previously refused to hold in the famous Dukes v. Wal-Mart matter that gender discrimination claimed by the female employees of Wal-Mart could be certified as a class.

Citizens know soon enough – with every class action comes a motion to dismiss.

Skechers Paying $40 Million for “Toning” Shoe Claims

Skechers Paying $40 Million for Toning Shoe Claims

Sketchers Paying $40 Million to Settle False Advertising Claims

Skechers is going to be paying $40 million to settle a huge class action over its “toning” shoes, which advertised that the shoes would help people lose weight and tone leg/calf muscles.  More than 520,000 claims could be made.  Settlement claimants with approved claims will be able to obtain a repayment of up to $80 for Shape-Ups, $84 for Resistance Runner shoes, $54 for Padded Sole Shoes,  and $40 for Tone-Ups. Last year, Skechers also settled a governmental investigation brought against it over “toning” shoes from the Federal Trade Commission.

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Supreme Court Shelters U.S. Federal Gov’t Violations of Credit Card Privacy Laws: Do As I Say, Not As I Do

Supreme Court Shelters U.S. Federal Govt Violations of Credit Card Privacy Laws: Do As I Say, Not As I Do

U.S. Supreme Court Rules On Credit-Card Privacy Claim Against U.S. Federal Government

In its first opinion of the new term, the U.S. Supreme Court has ruled against a class action brought against the federal government for violating privacy / identity theft protection laws by printing credit card numbers and expiration dates on receipts, determining that the federal government is not liable for violations of the Fair Credit Reporting Act.  Continue reading

Orange Juice Products by Tropicana and Simply Orange Sued for False and Deceptive “All Natural” Advertising

Orange Juice Products by Tropicana and Simply Orange Sued for False and Deceptive All Natural Advertising

Not "All Natural"

A slew of lawsuits have been filed against Tropicana and its parent, PepsiCo, as well as Simply Orange, and its parent, Coca-Cola, for false advertising in connection with orange juice products. Apparently, the orange juices, which are billed as “all-natural” actually contain flavor packs that replace the orange “flavor” lost through inconsistent ripening times, heat pasteurization, and loss of oxygen.

The fight is over the words “all natural.”  For FDA purposes, as long as the product is free of added color, flavor and synthetic substances, it’s OK to call it “all natural.”  The plaintiffs in the lawsuit allege that the “all natural” label is false and misleading to consumers.

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If you have been misled by false and deceptive products, click here to request a no-risk and no-charge consultation with an attorney to explore your legal rights.


Time Warner & Comcast Sued in Class Action Lawsuit for Privacy Violations

Time Warner & Comcast Sued in Class Action Lawsuit for Privacy Violations

Another class action lawsuit.

Time Warner and Comcast have been sued in class-action lawsuits for privacy violations because of their practice of keeping customers’ names, social security numbers, and personal data — even after those customers terminated their services.

According to the 1984 Cable Communications Policy Act, cable companies are required to destroy subscribers’ data once it is no longer needed.  Comcast may also have violated California’s state laws, which require businesses to destroy customers’ personal data once it is no longer needed.

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