The Litigation Counsellor®

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On May 15, 2018, a putative class action accusing fitness and health company Under Armour Inc. of failing to protect the personal information belonging to subscribers of the company’s popular MyFitnessPal app was transferred to federal court in the Central District of California.

Women in the Law—Finding Your Balance

Elizabeth DiNardo, Esq. | Associate Counsel

Since this interview series began, we have brought to light many common issues that affect women in the legal industry. We have discussed the myth of “having it all,” the need to find your inner strength to fight for those who have none and the desire to find your voice in the crowd. All of these themes have individually touched on the professional challenges that women attorneys face in order to succeed. However, in honor of the month of May, a month in which Americans take time to honor their mothers, this edition of Women in the Law will discuss a different kind of challenge, one many women in this country face—the challenge of being a working mother.

$2.5 Million Settlement Reached in Under-filled Candy Boxes Suit

Elizabeth DiNardo, Esq. | Associate Counsel

On May 10, 2018, a $2.5 million settlement was reached between candy manufacturing giant Ferrara Candy Co. and a putative class of dissatisfied candy lovers who claimed that the defendant included excess non-functional empty space or “slack-fill” in the opaque “theater boxes” of candy manufactured by the company.

Class Claims Filed over Deceptively-Branded Coffee

Elizabeth DiNardo, Esq. | Associate Counsel

On May 8, 2018, putative class claims were filed against popular coffee brand New England Coffee Co. (“New England”) and its parent company Reily Foods Co., alleging that the defendants deceptively marketed New England’s Hazelnut Crème coffee.

Kendall Jenner Radio Show Hit with Trademark Infringement Suit

Elizabeth DiNardo, Esq. | Associate Counsel

Reality star and model Kendall Jenner, along with New York-based DJ Daniel Chetrit and Apple Inc. are facing claims of trademark infringement in the Southern District of New York. Los Angeles-based artist Robert Karageuzian filed the suit on May 3, 2018. Karageuzian is the founder of PIZZABOYZZZ, an artist collective that manufactures clothing, decorative pins and other products all featuring a common pizza theme. The PIZZABOYZZZ collective also maintains a popular Instagram account with over 47,000 followers.

On April 30, 2018, Federal Judge Jacqueline Scott Corley consolidated three proposed class action suits against California-based fertility clinic, Pacific Fertility Center, and its parent company, Prelude Fertility, in the Northern District of California. The newly consolidated cases similarly revolve around the events of March 4, 2018 when the temperature of a liquid nitrogen-filled storage tank allegedly rose to an unsafe level, causing the storage tank to fail and destroy 4,000 eggs and embryos. In addition to claims of negligence, plaintiffs allege breach of contract claims against the clinic and are asking for in excess of $8 million in damages. Customers of the Pacific Fertility Center pay around $8,345 for one cycle of retrieving, freezing and storing eggs and embryos. The plaintiffs have 30 days from April 30, 2018 to file a consolidated complaint.

On April 17, 2018, the parents of Anthony Borges filed the first civil action on behalf of a survivor of the Marjory Stoneman Douglas High School mass shooting.

Fifteen-year-old Anthony Borges took five bullets from shooter Nikolas Cruz—three in the legs and two in the torso—while heroically blockading a classroom of 20 students.

On April 23, 2018, a $22 million settlement was submitted to Washington federal judge Ronald B. Leighton for preliminary approval in the proposed class action litigation involving claims that the popular “take-and-bake” pizza chain Papa Murphy’s violated the federal Telephone Consumer Protection Act (“TCPA”).

On April 20, 2018, a $2.9 million settlement agreement was submitted to California federal Judge S. James Otero for approval regarding a class action suit which alleged that luxury retailer Neiman Marcus intentionally misled customers who shopped at its outlet store, Last Call, by listing item prices as “compared to” a higher price.

Counsel Financial back from another great MTMP Seminar

Kim Gomlak, MBA | Marketing Director

The team at Counsel Financial recently returned from yet another great Mass Torts Made Perfect™ conference in Las Vegas, NV. To kick off the week, they channeled their inner Mario Andretti and hit the Las Vegas Motor Speedway!

Trader Joe’s Faces Class Claims over Fruit Bar Ingredients

Elizabeth DiNardo, Esq. | Associate Counsel

On April 16, 2018, organic food grocery store chain Trader Joe’s Co. and its subsidiary, Trader Joe’s East Inc., were served with a proposed class action suit alleging that the company is misleading consumers as to the true ingredients of its popular fruit bars.

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.