The Litigation Counsellor®

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On November 8, 2019, a $5.4 million settlement was submitted to California federal court Judge Gonzalo P. Curiel for preliminary approval, bringing an ended to claims that the juice-making giant, Ocean Spray Cranberries Inc. conceals the true quality of the ingredients in certain of the brand’s juice-based beverages.

On October 31, 2019, Facebook, Inc. was served with proposed class claims in the Northern District of California alleging that the company discriminates against older and female Facebook users who were purportedly denied the opportunity to receive advertising and information about financial services opportunities.

Rams Suit Moves Closer to Trial

Elizabeth DiNardo, Esq. | Associate Counsel

On October 8, 2019, the U.S. Supreme Court denied a bid by the Los Angeles Rams to stay the vicious legal battle with its former hometown of St. Louis over the NFL team’s abrupt relocation from Missouri to California. The city of St. Louis is seeking to recoup millions of dollars spent in an effort to keep the team in its city.

9th Circ. Revives  Copyright Suit Against Taylor Swift

Elizabeth DiNardo, Esq. | Associate Counsel

October 29, 2019, the United States Court of Appeals for the Ninth Circuit revived a suit accusing pop-superstar Taylor Swift of plagiarizing lyrics for her 2014 hit song “Shake it Off.” The complaint accused Swift of illegally copying a “six-word phrase and a four-part lyrical sequence from [Sean] Hall’s Playas Gon’ Play (2001),” which was performed by 3LW.

Goodyear Tire Resumes Suit Against the Goodyear Pimps

Elizabeth DiNardo, Esq. | Associate Counsel

On October 24, 2019, Goodyear Tire & Rubber company (“Goodyear”) filed suit in federal court in the Northern District of Illinois, alleging that an Illinois punk rock band, The Goodyear Pimps (“The Pimps” or “the band”), has been improperly using Goodyear’s trademarked winged foot design logo and the company’s famous Goodyear Blimp image on the band’s merchandise, Facebook page and website.

October 15, 2019, Walmart agreed to a $14 million settlement with an Illinois Class of pregnant and formerly pregnant employees who claimed the company’s policies on disability accommodations discriminated against them based on their pregnant status.

$800K Jury Verdict Upheld for Failure to Diagnosis “Charcot Foot”

Elizabeth DiNardo, Esq. | Associate Counsel

On October 4, 2019, the Nebraska Supreme Court upheld an $800,000 jury verdict over doctors’ failure to diagnose a foot condition, holding that the questions examined by jurors did not move into the territory of asking them to walk a mile in the plaintiff’s shoes.

Class Action Proposed against James Franco’s Defunct Film School

Elizabeth DiNardo, Esq. | Associate Counsel

On October 3 2019, two women filed suit against former Spiderman trilogy star, James Franco, in a proposed class action over allegations of sexual harassment and discrimination at his now shuttered acting and film school.

Would-Be Lawyers File Suit Against Former Law School

Elizabeth DiNardo, Esq. | Associate Counsel

On September 23, 2019, a group of former students of the now defunct for-profit Charlotte School of Law (“CSL”), filed suit against their would-be alma mater and its parent company, Sterling Capital Partners (“Sterling”), in Illinois state court.

On September 20, 2019, class claims were filed in U.S. District Court for the Central District of Illinois against breast implant manufacturer Allergan alleging that the defendant’s BIOCELL textured saline- and silicone-filled breast implants cause an increased risk of developing breast implant-associated anaplastic large cell lymphoma (“BIA-ALCL”).

On September 6, 2019, well known, controversial rapper Chris Brown and the production company that produced one of Brown’s 2017 music videos, Majestic Hour Production Inc., were served with a suit from a former music video back-up dancer in Los Angeles County Superior Court, alleging that she was injured on the set of the video.

GM Facing Class Claims over Defective Car Touch Screens

Elizabeth DiNardo, Esq. | Associate Counsel

On September 16, 2019, a proposed class action was filed in the Southern District of California against General Motors (“GM”), alleging that GM concealed a known defect from its U.S. customers who purchased or leased certain Cadillac models equipped with GM’s Cadillac User Experience navigation/radio touch screen display (“CUE System”).

September 11, 2019, a Connecticut Superior Court Judge Carl Schuman upheld a $542,464 verdict against pharmaceutical giant, Boehringer Ingelheim, originally awarded in May 2019 in the ongoing Pradaxa litigation.

The suit was originally filed in May 2016 by plaintiff Eugene Roberto. Plaintiff alleged that Boehringer Ingelheim’s label for its popular blood thinning drug Pradaxa, did not adequately warn about the risk of bleeding. The suit, which by this time was merged with the Pradaxa multidistrict litigation (“MDL”), was selected by the plaintiffs’ steering committee to go to trial as a bellwether case.

Cannabis Co. Stoned by Potential Class Action After $143M IPO

Elizabeth DiNardo, Esq. | Associate Counsel

On September 9, 2019, a proposed class of investors filed a complaint in the Supreme Court of the State of New York against Sundial Growers over its $143 million IPO. Named plaintiff, Trisha Peters, filed the complaint after news surfaced regarding a defective order of cannabis that contained visible mold, parts of rubber gloves and “other non-cannabis material,” according to the complaint.