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This is a list of well-known class action lawsuits


Charley Brindley


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What is a class action lawsuit?

Almost all of us have at one time received notice from the courts that we are a member of a class action lawsuit and have wondered, "What does it all mean? What is the best course of action for us to take? What do I stand to gain or lose if I take one action or the other? Where can I get information to help me make an informed decision?" Not knowing the answers to the above and other questions, our normal course of action is to throw the notice in the trash and forget the matter. This is normally not the best action to take. In this site I will try to show what other actions are possible in a class action lawsuit and should be considered.

The purported purpose of class action lawsuits is to give the common man the ability to take on the largest corporate or private entities. Class members have several options according to pharmaceutical law (read about the zoloft lawsuits) where they have a chance of redressing the wrong done by these entities. It is important to remember that even though the actual damage or cost to the individual class member may be small, the illicit gain to the corporate entity can be huge if done to hundreds or even hundreds of thousands of class members. With this in mind, when you recieve your notice as a class member, you think "Gee, someone finally caught the S.O.B.s. I'll get what's due me. Justice will be done. The big corporation will stop ripping people off." HA! If you believe any of the above, I've got a bridge I want to sell you!

Story credit: Web Access

Prescription drugs

Hundreds of prescripton drugs

Photo credit: Next Student

1. The drugs Bextra and Celebrex

Product: Prescription Drugs

Attorneys: Lieff Cabraser Heimann & Bernstein, LLP

When Filed: July 24, 2007

Where Filed: San Francisco, California

Estimated settlement: $89 million

If You Paid Some or All of the Purchase Price For Bextra and/or Celebrex, On or Before July 29, 2005, You May Be Able To Get Money Back

There is a Proposed Class Action Settlement with Pfizer Inc. (“Pfizer”) concerning the prescription drugs Bextra and Celebrex. You may have previously received information about this case. The name of the lawsuit is In re Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation, No. M:05-cv-01699-CRB, pending in the United States District Court for the Northern District of California.

This lawsuit claims that Pfizer falsely advertised and/or marketed the drugs Celebrex and Bextra as having greater benefits than less expensive pain medicines and in contradiction to the drugs’ Food and Drug Administration approved labeling. Pfizer has agreed to pay a total of $89 million to settle this lawsuit. Pfizer denies any wrongdoing and denies all of the claims in the lawsuit, but it is settling to avoid the costs and distraction of further litigation.

Story credit: Bextra and Celebrex

Installing drywall over chipboard

Installing drywall over chipboard

Photo credit: Steve's Home Theater

2. Chinese Drywall

Product: Drywall, sometimes called sheetrock

Attorneys: Morgan & Morgan

When Filed: June 2009

Where Filed: Florida

Defective Chinese Drywall Problems

Builders and environmental consultants began investigating Chinese drywall after reports that the potentially toxic drywall caused unpleasant (rotten egg) odors. According to the Florida Department of Health and US Consumer Product Safety Commission, as of July 30, 2009, twenty-three states have reported 681 cases of health problems and/or metal corrosion associated with Chinese Drywall. Those states hardest hit are Florida, Louisiana, Alabama, Georgia and Virginia, but complaints from Arizona and California are also increasing.

Chinese Drywall Problems

The Homeowners Consumer Center in Washington, D.C says Chinese drywall has allegedly been used in residential construction in all 50 states, but mainly in Florida, Louisiana and Virginia, between 200,000 and 300,000 residences could be impacted nationwide.

Anyone who owns a house built between 2002 and 2007 could have a problem with contaminated drywall. Americas Watchdog Consumer center officials believe the toxic drywall entered the country at the ports of Long Beach, Oakland and Seattle/Tacoma starting in 2001 and that homebuilders and contractors began using it a year or so later. Fortunately, there were some good Seattle apartments for rent that didn't use hazardous material in their drywall, that people could live in.

Consumers who bought homes during the housing boom are also worried that Chinese drywall problems can lead to electrical problems, thus making it difficult to sell their homes. Drywall, also known as wallboard or plasterboard, is typically made from the mineral gypsum in the US, but a shortage led suppliers to import drywall from gypsum mines in China.

Homeowners are concerned over the potential for property damage and health problems resulting from drywall from China that reportedly leaks corrosive chemicals. Reports include copper tubing turning black, the failure of air conditioning coils exposed to the drywall, smells of sulfur and illness (possibly from breathing airborne sulfuric compounds), including respiratory problems, nosebleeds and headaches.

Currently, The Centers for Disease Control and Prevention (CDC) is working with the Consumer Product Safety Commission (CPSC), the Agency for Toxic Substances and Disease Registry (ATSDR), the U.S. Environmental Protection Agency (USEPA), and state health departments to learn about possible health problems from living in a home with imported drywall and how to advise the public to protect their health. Furthermore, CDC is working with federal agencies responsible for indoor and outdoor air testing to ensure that the results can help answer health questions.

Story credit: Lawers and Settlements

Asbestos Removal

Removing asbestos

Photo credit: Raleigh Carpet Masters

3. Asbestos and Mesothelioma

Product: Asbestos

Attorneys: Morgan & Morgan

When Filed: June 2009

Where Filed: Florida

Asbestos & Mesothelioma Lawsuits

Asbestos mesothelioma is a fatal asbestos cancer involving the mesothelium, a protective lining that encloses most of the body's internal organs. The only known cause of mesothelioma seems to be asbestos exposure i.e., asbestos particles in the air. The time between exposure and the appearance of symptoms can be as long as 20 to 50 years.

Asbestos Health Threat Exposure to asbestos fibers has been linked to asbestos cancer, asbestosis (scaring of the lungs that restricts breathing), asbestos mesothelioma (cancer of the lining of the chest cavity), and silicosis. The chances of getting an asbestos-related illness increase as the level and duration of exposure to asbestos increases.

Asbestos Remains in use Despite the Health Warnings Asbestos is not banned in the US and Canada – it's still in use in a wide variety of products. The Environmental Protection Agency (EPA) estimates that there are 3,000 different types of commercial products currently in use in the US today that contain asbestos, including building materials, brake pads, and fire retardant materials and products.

Story credit: Lawers and Settlements

Peanut Butter Sandwich

Peanut Butter Sandwich

Photo credit: The Daily Green

4. Peanut Butter Contamination

Product: Peanut butter

Attorneys: Personal Injury Lawyer America

When Filed: April 2007

Where Filed: Georgia

Peter Pan and Great Value peanut butter

Nationwide, the Centers for Disease Control report that over 425 persons in 44 states have been made ill from eating Salmonella-tainted peanut butter sold under the Peter Pan and Great Value brand names.

The affected jars of Peter Pan and Great Value peanut butter have a product code located on the lid of the jar that begins with the number "2111." Both the Peter Pan and Great Value brands were manufactured in a single facility in Georgia by ConAgra Foods. Great Value peanut butter made by other manufacturers is not affected. Single serving packets of Peter Pan peanut butter have also been recalled.

Dead Rat, Rat Traps and Roaches Found at ConAgra Peanut Butter Facility

A team of attorneys representing consumers sickened by Salmonella-contaminated peanut butter produced by ConAgra Foods, inspected the Sylvester, GA facility in 2007 and found a dead rat, over a 100 rat traps, bird feathers, roaches crawling on raw peanuts, peanut dust covering machinery and other things “consistent with salmonella contamination,” according to a court document filed on April 25, 2007.

This discovery contradicts statements made by ConAgra Foods, which contends in an April 5, 2007 press release that the February Salmonella outbreak was traced to problems with the physical components of its Georgia processing plant. Reportedly, moisture from a leaky roof and faulty sprinkler mixed with dormant salmonella bacteria from raw peanuts and peanut dust, which then contaminated jars of peanut butter.

Salmonella Food Poisoning and Legal Assistance

If you or a family member have suffered a serious injury or a loved one has died after being exposed to Salmonella from tainted food, you may be eligible to file a claim.

Story credit: Personal Injury Lawyer America

2,000 soft drink bottles

2,176 soft drink bottles

Photo credit: Flickr

5. Fuze Slenderize

Product: Fuze beverage

Attorneys: Milstein, Adelman & Kreger, LLP

When Filed: August 2009

Where Filed: California

Estimated Settlement: $4.5 million

Fuze Slenderize beverage

If you purchased any Fuze beverage for personal consumption, and not for resale, in the United States between July 16, 2004 and April 6, 2009, or in New Jersey between July 16, 2002 and July 15, 2004, a class action settlement pending in the Los Angeles County Superior Court could affect your rights. In addition, if you purchased Fuze Slenderize beverage for personal consumption during these time periods you may qualify to receive a portion of the $4.5 million common fund.

The lawsuit being settled claims that Fuze’s marketing, advertising and labeling of its Slenderize, Vitalize, Refresh and Tea beverages misled consumers regarding ingredients contained in the beverages, as well as their potential functional benefits. The lawsuit further alleges that Fuze misled consumers of its Slenderize beverages by claiming or inferring that the product promoted appetite suppression and/or weight loss. Fuze denies that it did anything wrong. The Court has not decided which side was right, but both sides agreed to the settlement to resolve the case.

Story credit: Fuze Settlement

Stork Craft crib

Stork Craft Crib

Photo credit: Personal Injury Lawyer

6. Child Crib Recall

Product: Child crib

Attorneys: Lieff Cabraser Heimann & Bernstein, LLP

Cribs and playpens can pose serious dangers to babies and young children. Improperly designed or weak slats can allow infants and children to become entangled, trapped, or strangled; defective bedding can lead to airway obstruction; and defective design can allow an infant to become trapped between the mattress and the side of the crib.

In 2008, Delta Enterprises recalled almost 1.6 million cribs, made in China, Indonesia and Taiwan, after it said two babies died. In November 2009, the Consumer Products Safety Commission announced the recall of more than 2.1 million Stork Craft drop-side cribs, including about 147,000 Stork Craft drop-side cribs with the Fisher-Price logo. The recall involves approximately 1.2 million cribs distributed in the United States and almost one million cribs distributed in Canada. Read a copy of the CPSC recall notice.

The CPSC reported that Stork Craft cribs' drop-side plastic hardware can break or deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the dropside and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation, with four babies having died. In other cases the babies have fallen out of the cribs and suffered injuries that have included concussions.

The CPSC urges parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop side on these cribs to a fixed side.

This recall involves Stork Craft drop-side cribs and Stork Craft drop-side cribs with the Fisher-Price logo. This recall does not involve any cribs that do not have a dropside. Nor does the recall involve any cribs with metal rod dropside hardware. It involves only those cribs with plastic trigger and one-hand-system drop-side hardware.

Legal Rights of the Injured

The law in most states provides parents with legal claims and the right to compensation for injuries their children suffered as a result of a defective product. Parents may file a lawsuit seeking compensation for their child's pain and suffering, current and future medical expenses, and punitive damages.

Story credit: Personal Injury Lawyer America

Simpsons Xbox 360 Yellow

Simpsons Xbox 360 Yellow

Photo credit: Ubergizmo

7. Microsoft game console

Product: Xbox 360 Live

Attorneys: AbingtonIP

Texas-based law firm AbingtonIP has launched a class-action lawsuit against Microsoft for its large-scale ban of Xbox 360 users from the Xbox Live online gaming community who have illegally modified their consoles. The firm acknowledges that modification of the consoles is against the terms of use for Xbox Live, but argues that the timing of the bans generated Xbox Live revenues, thanks to the release of popular online titles such as Halo 3: ODST and the more recent Modern Warfare 2.

Banning users with the illegally modified consoles prior to the release of these two games would have cost Microsoft a large amount of money from Xbox Live subscriptions, AbingtonIP maintains. Also, the law firm says Microsoft has unfairly locked out users who have modified their consoles for non-piracy reasons, such as enabling added HDD functionality, Netflix, game add-ons, music, and arcade games. Information on users has also been gathered without their permissions, it says.

AbingtonIP wants plaintiffs to join the class action lawsuit if they have been banned from Xbox Live and haven't been issued refunds for their unused subscriptions.

Story credit: Electronista

Toyota Pickup wreck

Toyota Pickup wreck

Photo credit: SPB Car

8. Toyota Unintended Acceleration

Product: Toyota and Lexus

Attorneys: McCuneWright, LLP

Following a statement from the DOT and NHTSA asserting that the unintended acceleration issue potentially involving millions of Toyota vehicles is "not closed," McCuneWright, LLP, a law firm in Southern California, has filed a national class action lawsuit on behalf of all Toyota and Lexus owners that claim to have experienced this phenomenon. Representing the class will be Los Angeles County residents Seong Bae Choi (owner of a 2004 Camry) and Chris Chan Park (owner of a 2008 FJ Cruiser).

According to the suit, Toyota has known about reports of unintended acceleration for years and has received over 2,000 such complaints. Citing statistics from Safety Research & Strategies, Inc., the lawsuit alleges that there have been 16 fatalities and 243 injuries from Toyota and Lexus crashes attributed to runaway vehicles. Toyota attributes these accidents to improperly installed or incorrect floormats that prevent the accelerator pedal from returning to its idle position.

Wright, though, said in a statement, "[N]either driver error nor floormats can explain away many other frightening instances of runaway Toyotas. Until the company acknowledges the real problem and fixes it, we worry that other preventable injuries and deaths will occur." Hit the jump for the official press release from McCuneWright.

Story credit: Auto Blog

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Gold Jewelry in the Andar Shahr jewelry bazaar

Gold Jewelry in the Andar Shahr jewelry bazaar

Photo credit: Gems Afghan

9. Zale Corporation

Product: Jewelry

Attorneys: Shalov Stone Bonner & Rocco LLP

Shalov Stone Bonner & Rocco LLP announced Thursday that a class action lawsuit has been filed on behalf of purchasers of the securities of the Zale Corporation during the period between November 16, 2006 and October 29, 2009. The lawsuit is pending in the United States District Court for the Northern District of Texas.

According to the complaint, during this period the defendants made false and/or misleading statements, and failed to disclose the following: that instead of recording certain advertising costs as an expense, Zale improperly recorded them as prepaid advertising; that Zale improperly accounted for intercompany accounts receivable associated with its wholly owned insurance subsidiaries; that as a result, Zale's financial results were overstated during this period and were not prepared in accordance with generally accepted accounting principles; that Zale lacked adequate internal and financial controls; and as a result Zale's financial statements were materially false and misleading at all relevant times.

Story credit: JCK Online

Fisher Price toys recalled because of lead paint

Fisher Price toys recalled because of lead paint

Photo credit: Pajamadeen

10. Mattel and Fisher-Price toy lead paint recall

Product: Toys

Attorneys: Gilardi and Co., LLC

If you bought your child Sesame Street, Dora the Explorer, Big Bird, Elmo, Diego and some other Fisher-Price toys made between 19 April and 6 July 2007, take the toys away from your child, as the surface paint on the toys contains excessive levels of lead. Almost one million toys of 83 types are involved. Toxic if eaten by young children, lead paint can also cause other adverse health effects. Some of the toys were sold alone and others were sold as sets. Guess where the toys were manufactured? If you guessed China, you guessed right.

If in 2007 or earlier you or your child purchased or received as a gift a new Mattel or Fisher-Price toy, you may be entitled to a payment from a class action settlement.

You qualify as a Class Member if you or your minor child (for whom you have custody or control as a parent or guardian) bought or received a new Mattel or Fisher-Price toy that was recalled or withdrawn from market in 2006 and 2007, due to lead, lead paint, or magnets that could become loose. These toys are called "Recalled Toys."

Parents and guardians who had their child's lead level tested within 6 weeks after the Recall announcements of the Recalled Toy(s) to which their child was exposed can get paid back for out-of-pocket costs for one test per child.

A "Recalled Toy" means a toy made by or for Mattel, Inc., and its subsidiaries, including Fisher-Price, and recalled on November 21, 2006, August 2, 2007, August 14, 2007, September 4, 2007, or October 25, 2007, and certain toy blood pressure monitor cuffs withdrawn from sale.

List of the Recalled Toys:

Elmo Light Up Musical Pal
Ernie Light Up Musical Pal
Big Bird Light Up Musical Pal
Elmo Stacking Rings
Elmo Tub Sub
Sesame Street Shape Sorter
Elmo Keyboard
Ernie Splashin' Fun Trike
Elmo Collectible
Cookie Collectible
Zoe Collectible
Ernie Collectible
Big Bird Collectible
Construction Playset
Elmo Boom Box
Action Fire Engine
Press 'n Go Elmo
Press 'n Go Cookie MonsterCookie Saxophone

Story credit: Mattel Settlement

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