The Litigation Counsellor®

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Class Claims Filed Against Capital One for ATM Fees

Elizabeth DiNardo, Esq. | Associate Counsel

On April 6, 2018, a lawsuit was filed against Capital One N.A. by Capital One account holders who alleged that the company violated customer contracts by charging numerous undisclosed fees for both out-of-network and in-network ATM transactions.

Your Lender Wants a Personal Guarantee—Don’t take it Personal!

Stephanie Duerr | Sales & Marketing Assistant

You’re applying for a business loan. As you go through the process, you see something in the documents you didn’t anticipate—a personal guarantee.

Generally, business owners may be surprised to learn that they are going to be asked to sign a personal guarantee to borrow money. But, there is a reason it is required and even some advantages to giving it.

Below are some insights as to the reasoning, history and benefits of a guarantee, so you can be prepared in the event one is required.

$7 Million Settlement Reached in Olive Oil Labeling Class Action

Elizabeth DiNardo, Esq. | Associate Counsel

On April 3, 2018, a $7 million settlement was reached between Deoleo USA Inc., the makers of the popular Bertolli Italian food brand, and a class of plaintiffs who accused the company of misleading consumers with the packaging of Bertolli olive oil.

On April 2, 2018, Driveline Retail Merchandising Inc. (“Driveline”) was sued in Illinois federal court in connection with a proposed class action, alleging that the company disclosed employees’ personal and tax information to identity thieves in a well-known email phishing scheme.

A $3.875 million settlement was reached on March 30, 2018, between Illinois-based school bus company, Durham School Services (“Durham”), and a class of California bus drivers who argued that the company failed to properly compensate its California employees for meal and rest breaks, as well as failing to pay employees for time spent at mandatory training and safety meetings.

On March 28, 2018, Washington federal judge Ronald B. Leighton granted preliminary approval for a $16.8 million settlement between food giant Kellogg Co. and a class of employees alleging that the company violated the Fair Labor Standards Act.

How to Choose between Non-Recourse & Recourse Funding?

Erin Delaney, Esq. | Senior Counsel

Your firm is on the move, and in order to continue the momentum, you’ve decided that you’re ready for legal financing. But how do you know what type of financing is best for your firm—recourse or non-recourse funding?

Looking at your firm’s main objectives can help you find the answer.

$3.2 Million Verdict Awarded in AndroGel Bellwether Trial

Elizabeth DiNardo, Esq. | Associate Counsel

On March 26, 2018, a federal jury in Illinois awarded a $3.2 million verdict for plaintiff Jesse Mitchell in the latest AndroGel bellwether litigation. Mitchell, like thousands of similarly situated plaintiffs in the Testosterone Replacement Therapy Products Liability multidistrict litigation, alleges that he was prescribed AndroGel by his doctor to combat symptoms of depression and fatigue after a test showed that he had low testosterone levels. The plaintiff claims that he was given the testosterone replacement drug without any warnings as to the potentially dangerous side effects such as increased risk of heart attack and other blood clotting events associated with the drug.

On March 22, 2018, yet another class action suit alleging a violation of the Telephone Consumer Protection Act (“TCPA”) was filed in New Jersey federal court against Gold’s Gym (“Gold’s”). New Jersey resident, Tzvi Zemel filed the case naming the popular national fitness chain as a defendant because received unsolicited text messages to his cell phone from Gold’s, despite having never been a member of the Gym or signing up for any services or company phone lists.

When it comes to financing your firm, you have a lot of options. You can self-finance, partner with co-counsel, utilize credit cards or take out a business loan—just to name a few.

Before you make a selection, you should have a clear understanding of the solutions available to you. Without a full appreciation of your choices, how will you know you’ve picked the right one? This means looking not only at traditional financing options, but also those specifically tailored to a plaintiffs’ practice. 

Rocker Ozzy Osbourne Files Class Claims Against Venue Owners

Elizabeth DiNardo, Esq. | Associate Counsel

On March 21, 2018, well-known heavy metal rocker Ozzy Osbourne filed class claims in California federal court against Anschutz Entertainment Group Inc., alleging that the owner of both the Los Angeles Staples Center and the London O2 Arena violated the Sherman Act.

With the rise of social media and constant communication, it seems that we live in a world of relentless peer competition to prove who has the most fulfilling life. Images flash along an Instagram or Facebook feed showing well-behaved children, beautifully decorated homes and expensive vacations to exotic locales. These images are used to project a version of a life that may not match up with day-to-day realities. The posted pictures do not show an exhausted child’s meltdown in the middle of that expensive vacation, that beautifully decorated home when it is a cluttered mess at 6:30 pm on a weeknight, or a weary woman who has returned home from a long, aggravating day at the office to face a second shift of domestic chores and childcare.

Bank vs. Specialty Finance

James Verrico, Esq. | Deputy General Counsel

You have a business plan in place and your law firm is poised for growth. The case files already on the shelf require not only an investment of time but of dollars. You need to find both time and money to bring more cases through the door. Yet, like many plaintiffs’ firms, your monthly cash flow is uncertain and subject to significant fluctuations.

Popular Dog Food Accused of Containing Toxic Ingredient

Elizabeth DiNardo, Esq. | Associate Counsel

On March 16, 2018, putative class claims were filed against Big Heart Pet Brands Inc., makers of popular canned dog food Kibbles ‘n Bits, alleging that the company purposefully mislead the public by labeling its product as safe for pets although recent samples of the product were found to contain ingredients toxic to pets.