The Litigation Counsellor®

On November 16, 2017, a Texas federal jury awarded six individual plaintiffs a combined $247 million verdict in the fourth bellwether trial in the DePuy Pinnacle metal-on-metal hip implant multidistrict litigation (“MDL”). The staggering decision represents the third consecutive nine-figure verdict in the DePuy Pinnacle MDL. 

A $2.28 million settlement has been reached in the class action suit against German auto parts manufacturer, Kiekert AG. The proposed class action was originally filed in Michigan federal court in May 2017. Plaintiffs in the suit claimed that Kiekert conspired to unlawfully fix the prices of vehicle door latches by artificially raising bids for, and allocating the supply of, side door latches and latch mini modules. The latches were then sold by Kiekert at an ultracompetitive price to auto manufacturers in the U.S.

On November 9, 2017, California federal court judge Yvonne G. Rogers granted conditional class certification to a group of Costco in-store demonstrators (“ISDs”) who claim that the wholesale superstore has been misclassifying the plaintiffs as independent contractors rather than Costco employees.

On November 1, 2017, plaintiffs in a class action against 24 Hour Fitness moved for the court to grant preliminary approval of a $1.5 million settlement over allegations that the fitness center chain carried out a fraudulent and misleading sales campaign related to its prepaid memberships.

On October 30, 2017, the Hyatt Corporation was struck with a putative class action lawsuit wherein it was asserted that the company violated Illinois Biometric Information Privacy Act (“Act”). Under the Act, an employer’s collection, use, handling, storage, retention and destruction of biometric identifiers and information, such as retina or iris scans, fingerprints, voiceprints and hand or face geometry, is regulated.

On October 25, 2017, a Broward County Florida jury awarded a $45 million verdict to the family of 29-year-old Jonathan Raymond Astaphan who was killed when a flatbed tractor-trailer exited a construction zone on Interstate 75 in Florida by making a U-turn across four lanes of traffic.

On October 27, 2017, proposed class claims were filed against pharmaceutical giant Johnson & Johnson (“J&J”) by grocery union benefits fund United Foods and Commercial Workers Local 1500 Welfare Fund (“UFCW”) who accuse J&J of using its considerable resources and influence to protect the monopoly of its best selling drug, Remicade.

On October 20, 2017, popular retail giant Target Corp. was hit with a proposed class action suit alleging that the company has been purposefully misleading customers about the quality of its furniture line. Specifically, named plaintiff, Shana Harris, claims that Target markets certain pieces of its house brand furniture line as genuine leather when in reality the pieces are constructed of synthetic low-quality material made to imitate high-end leather products.

On October 20, 2017, two dissatisfied TJ Maxx customers filed an amended and expanded class action complaint in Massachusetts federal court accusing the retailer’s parent company, TJX Companies Inc. (“TJX”), and textile manufacturers, AQ Textiles LLC and Creative Textile Mills Pvt. Ltd., of exaggerating the thread count of bedding and linen products in order to increase profits.

The legal trouble continues for popular direct sales apparel company, LuLaRoe, as yet another class action lawsuit was filed against the brand on October 13, 2017 in California federal court. Named plaintiffs and LuLaRoe consultants, Stella Lemberg, Jeni Laurence, Amandra Bluder and Carissa Stuckart, filed the latest suit against the brand claiming the company is running a pyramid scheme. Specifically, the plaintiffs accused LuLaRoe of six counts of misconduct, including: breach of contract, unlawful, fraudulent and unfair business practices and misleading advertising. In the complaint, the plaintiffs claim that the main grievance they have with the company is that in September 2017, LuLaRoe rescinded its 100% buyback guarantee, putting consultants at a substantial financial risk if they fail to sell all of their product. 

New details have emerged surrounding the basis for a decision by Morris County Superior Court Judge W. Hunt Dumont to deny defendants’ summary judgment motion in connection with a wrongful prolongation of life lawsuit. The suit was filed by the Suzanne Koerner, executor of the estate of Suzanna Stica, against Morristown Medical Center, Dr. Andrew Youseff and several nurses. Ms. Koerner claims that the defendants contributed to Ms. Stica being forced to live through six months of pain and suffering after they blatantly disregarded “do not resuscitate” and “do not intubate” orders signed by her prior to being admitted into the Medical Center in November 2011. Despite her wishes, Ms. Stica was intubated and confined to a wheelchair as she suffered from bladder and bowel problems, as well as dementia and depression.

On October 10, 2017, two separate lawsuits were filed in Nevada federal court in the wake of the devastating Las Vegas mass shooting by The Brady Center to Prevent Gun Violence (“The Brady Center”) and shooting victim, Paige Gasper. The Brady Center is bringing class claims on behalf of the shooting victims. Both suits allege that the negligence of the Mandalay Bay Resort and its owner MGM Resorts International, contributed to the horrific results of the shooting. Mandalay Bay is the hotel where shooter Stephen Paddock was staying when he opened fire on innocent concertgoers at the Route 91 Harvest Festival, killing 58 people and injuring over 500 including plaintiff Paige Gasper.

Bad news emerged for fans of eco-minded grocery chain, Whole Foods, as the company was hit with proposed class claims in Ohio Federal Court on October 10, 2017. The lawsuit alleges the grocery chain negligently failed to protect the personal data of customers who patronized its taprooms and restaurants.

On October 6, 2017, trial began in Los Angeles County Superior Court over allegations that the death of 89-year-old Arizona resident, Virginia Jolson, in 2013 was caused by the consumption a batch of contaminated frozen berries. Ms. Jolson purchased Townsend Farm’s Organic Antioxidant Blend at wholesale retailer giant, Costco, which the suit alleges was contaminated with hepatitis A.