Week Adjourned: 7.29.16 – Kroger, T-Mobile, Enbridge Energy

krogerTop Class Action Lawsuits

Good Food Gone Bad…it’s the subject of a food poisoning class action lawsuit filed against the Kroger Co., The Pictsweet Co. and CRF Frozen Foods LLC and frozen vegetable manufacturers over allegations that the family of Roger Coffelt Jr., was made sick from Listeria contaminated foods. That’s not funny.

Coffelt Jr. filed the complaint alleging the peas his family ate caused illness to and Listeria infection of Coffelt Jr.s’ family members. He claims The Kroger Co., The Pictsweet Co., CRF Frozen Foods LLC are responsible because the defendants allegedly had grown, processed and sold the adulterated subject frozen peas and maintained their food production and packing facilities in an unsanitary and unhygienic condition.

Coffelt, and all those in the class, are seeking damages for not more than $30,000,000 plus penalties, attorneys’ fees and costs and for such other and further relief as the court deems proper. The case is US District Court for the Central District of California Case number 5:16-cv-01471.

Orwellian Credit Checks by T-Mobile? According to an unfair business practices class action lawsuit filed by a consumer, yes.

Filed by Erik Shapiro on behalf of all others similarly situated, the T-Mobile complaint states that in February 2014, Shapiro contacted the defendant to inquire about its phone plans and the possibility of switching his provider to T-Mobile. He alleges that the defendant performed a hard credit check on him, rather than a soft credit check as they stated they would do. As a result of the defendant’s action, the plaintiff sustained damages.

The plaintiff holds T-Mobile USA Inc. responsible because the defendant allegedly misrepresented to plaintiff that they would only do a soft credit check but did a hard credit check without plaintiff’s permission and consent. If true—really not good.

Heads up—the case is US District Court for the Central District of California Case number 2:16-cv-04698-RGK-MRW.

Top Settlements

Oil Spill Settlement…A long time in coming—but at least it’s here—a $177 million settlement agreement has been reached between Canadian pipeline operator Enbridge Energy Limited Partnership and the US federal government regarding the 2010 oil spills in Michigan and Illinois.

The US Environmental Protection Agency and the Department of Justice announced a settlement with Enbridge Energy Limited Partnership and several related Enbridge companies to resolve claims stemming from its 2010 oil spills in Marshall, MI and Romeoville, IL.

Enbridge has agreed to spend at least $110 million on a series of measures to prevent spills and improve operations across nearly 2,000 miles of its pipeline system in the Great Lakes region. Enbridge will also pay civil penalties totaling $62 million for Clean Water Act violations—$61 million for discharging at least 20,082 barrels of oil in Marshall and $1 million for discharging at least 6,427 barrels of oil in Romeoville.

In addition, the proposed settlement will resolve Enbridge’s liability under the Oil Pollution Act, based on Enbridge’s commitment to pay over $5.4 million in unreimbursed costs incurred by the government in connection with cleanup of the Marshall spill, as well as all future removal costs incurred by the government in connection with that spill. The settlement includes an extensive set of specific requirements to prevent spills and enhance leak detection capabilities throughout Enbridge’s Lakehead pipeline system – a network of 14 pipelines spanning nearly 2,000 miles across seven states. Enbridge must also take major actions to improve its spill preparedness and emergency response programs. Under the settlement, Enbridge is also required to replace close to 300 miles of one of its pipelines, after obtaining all necessary approvals.

Ok, that’s a wrap folks… See you at the Bar!

Week Adjourned: 8.13.10

Top Class Actions

No Answer for No Answer Charges? A couple of major players in the telecommunications game got hit with class actions this week. First up—AT&T. The suit alleges violations of federal truth-in-billing laws, false advertising and deceptive trade practices under New York law, and breach of contract, among other things. 

Lead plaintiff, Los Angeles resident Kenneth Thelian, claims he was charged $12.90 partly for calls that he did not answer. He allegedly complained to AT&T who reversed $8 of the charges, but the company representative “did not adequately explain why these charges were incurred.”

Thelian faced a further $15.81 in roaming charges while traveling in Montreal, Canada in August 2005, again for calls he did not answer. Then, in February and March of 2007, Thelian was billed $92.72. “The bill did not indicate which of these charges were for calls that he did not answer while traveling abroad,” the suit alleges. 

So, maybe time to be checking those phone bills…

And, second up—T-Mobile. This class action alleges that the company puts limits on its unlimited data plan. Ummm. who would have thought…

The suit claims that advertisements for T-Mobile’s “Unlimited Web & E-mail” plans, offered for both Blackberry and other brands of smartphones, promise the consumer access to Continue reading “Week Adjourned: 8.13.10”

Week Adjourned: 10.16.09

Whoops! You want that gold necklace back?Top Class Actions…Some biggies this week! 

If it sounds too good to be true…Cash4Gold got hit with a class action lawsuit this week. The allegations include fraud and making misleading statements…

For example, Cash4Gold and its parent company Green Bullion Financial Services, claim to have an ironclad 12-day return policy, however the suit alleges that they often melt the gold they get before the period has elapsed. And Cash4Gold is also quite fond of blaming the US postal service for losing jewelry, the suit claims, when in fact the company has received the jewelry and may already have melted it down. The lawsuit contains a laundry list of allegations around false and misleading claims, makes interesting reading… Maybe their slogan should read “Cash4Gold for Us….”

What do you get when you partner with a company called “Danger”? Some T-Mobile Sidekick folks have unfortunately found out. T-Mobile and Microsoft were also slapped with a class action this week, alleging that they lost “most all the contacts, appointments, photos and other data stored by as many as one million users of the popular T-Mobile Sidekick line of mobile phones.” Ouch.

Apparently, the T-Mobile Sidekick data service went down in early October, after which Continue reading “Week Adjourned: 10.16.09”

Week Adjourned: 5.15.09

Top Class Actions: The Week of the Biggies

Hotel Costco: You can clock in, but you can never leave? It appears to have been another busy week in law firms and courthouses across North America. Let’s start with Costco—last week Costco was in the news for having settled an unfair business practices class action and this week they’re in the news for “falsely imprisoning” employees in its California warehouses. Whaaat?

When I first read this my mind reeled, “what new business venture is this?”

Turns out it’s yet another unpaid overtime and wages class action centered in California. What is it about California?  (I’m referring to the endless labor law violations).

The class action centers on employees who were and are forced to remain in the warehouses after closing while store managers make goods secure and lock up. This has been going on for years, apparently. But now there is a lawsuit, of course, and the lawyers are seeking US $50 million in damages.

O Canada!—who was standing on guard at Guidant? Across the border in Canada, not a land well-known for class action lawsuits—something large is taking place. Earlier this month a national class action was certified against Guidant Corp, alleging that the company knowingly sold defective pacemakers. The class so far represents more than 28,000 people, and the lawyers are seeking CD$525 million in damages.

Highway Robbery? And a class action that’s been getting a lot of media this week is the Massachusetts Turnpike lawsuit, whose plaintiffs are being represented by a lawyer made famous in the 1998 film “A Civil Action“, Jan R. Schlichtmann.

Continue reading “Week Adjourned: 5.15.09”