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The Litigation Counsellor®

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On March 31, 2020, U.S. District Court Judge for the Northern District of Illinois Eastern Division, Sara L. Ellis, granted class certification to a class of African Americans who argue that defendant Personnel Staffing Group, LLC (d/b/a Most Valuable Personnel (“MVP”)) systematically steered African American workers away from work assignments at defendant Gold Standard Baking Inc. (“GSB”) because of GSB’s discriminatory hiring policy.

Zoom Hit with Class Claims over Privacy Violations

Elizabeth DiNardo, Esq. | Associate Counsel

On March 30, 2020, class claims were filed in federal court in the Northern District of California against video conferencing provider, Zoom Video Communications, Inc., alleging that the company failed to properly safeguard the personal information of millions of its users.

Class Claims Filed over NDMA in Diabetes Medication

Elizabeth DiNardo, Esq. | Associate Counsel

 

On March 30, 2020, class claims were filed in New Jersey federal court against Heritage Pharmaceuticals, Inc. (d/b/a Avet Pharmaceuticals Inc.), alleging that the defendant has been manufacturing, distributing and selling the generic medication metformin that contains dangerously high levels of the carcinogen N-nitrosodimethylamine (“NDMA”) which can cause serious damage to the liver.

On March 13, 2020, class claims were filed in federal court in the Southern District of Florida against the People’s Republic of China, National Health Commission of the People’s Republic of China, Ministry of Emerging Management of the People’s Republic of China, Ministry of Civil Affairs of the People’s Republic of China, The People’s Government of Hubli Province and the People’s Government of the City of Wuhan, alleging that the defendants knew that COVID-19 was dangerous and capable of causing a pandemic, yet responded slowly and/or chose not to disclose the health crisis in favor of economic self-interest.

$9M Verdict against J&J in Asbestos Trial

Elizabeth DiNardo, Esq. & Emil DiNardo, Jr., Legal Staff Writer

On February 27, 2020, a Miami jury ordered Johnson & Johnson (“J&J”) to pay Florida native, Blanca Moure-Cabrera, $9 million after finding the American multinational corporation caused Moure-Cabrera’s mesothelioma due to exposure to asbestos contained in its talcum powder products.

Apple Agrees to $500M Settlement over iPhone Performance

Elizabeth DiNardo, Esq. & Emil DiNardo, Jr., Legal Staff Writer

On February 28, 2020, Apple Inc. (“Apple”) submitted a $500 million proposed settlement to Northern California district court Judge Edward J. Davila for preliminary approval, bringing an end to a multidistrict litigation (“MDL”) between the tech giant and iPhone users who accuse the defendant of releasing software updates that purposefully slowed down older versions of the iPhone.

On February 24, 2020, an $18.6 million proposed settlement was submitted to Utah federal court judge David Nuffer for preliminary approval, with regard to class claims that trucking company C.R. England, Inc., prompted would-be commercial truck drivers into enrolling in a $5,000 for profit, in-house commercial truck driving school with false guarantees that students would become employed with the company after graduation from the program.

$750 Million in Punitive Damages Awarded in NJ State Court Talc Trial

Elizabeth DiNardo, Esq. | Associate Counsel

On February 6, 2020, pharmaceutical giant Johnson & Johnson was ordered by a New Jersey jury to pay four plaintiffs $750 million in punitive damages in the talc litigations. The punitive damages award, which was later reduced in accordance with New Jersey state law by New Jersey Superior Court Judge Ama C. Visomi to $186 million, comes on the heels of a separate jury trial awarding the plaintiffs $37.3 million in compensatory damages in September 2019.

Class Claims Filed Against Old Navy Over Alleged False Sale Prices

Elizabeth DiNardo, Esq. | Associate Counsel

On February 11, 2020, class claims were filed in New Jersey Superior Court against popular fashion retailer, Old Navy and its outlet store, alleging that the store engaged in a uniform policy of displaying fictitious purported “original” prices, as well as false “sale” prices and percentage-off discounts in advertising, marketing, and sale of apparel in stores.

Class Claims Filed Against Baby Brezza Product Manufacturer

Elizabeth DiNardo, Esq. | Associate Counsel

On February 10, 2020, a proposed class action was filed in New York Supreme Court, New York County, against Baby Brezza Enterprises LLC, the manufacturer of automatic baby formula mixing machines Baby Brezza Formula Pro and Formula Pro Advanced, alleging that the products in question failed to perform as advertised.

Women in the Law—Putting the client first

Elizabeth DiNardo, Esq. | Associate Counsel

What is a key component to becoming an effective attorney? If you ask people who aren’t attorneys, they will say a love of arguing makes a good lawyer. And how many times have you encountered a proud parent who insists their child is destined for the courtroom because they argue with their parents constantly? But is that what makes a good lawyer in reality? Most lawyers would say that, while being able to formulate a strong argument is a crucial part of the profession, being empathetic to the issues facing others and effective listening are the best traits for a strong client advocate. So, while a love of debating is what often draws students into law school, it is a love of justice and the desire to help others that makes them into successful counsel. Attorney Kelly Reed embodies all of these points of view.

Walmart Bids to Mitigate $6M Jury Verdict

Elizabeth DiNardo, Esq. & Emil DiNardo, Jr., Legal Staff Writer

On February 3, 2020, attorneys for the retail superstore, Walmart, petitioned U.S. District Judge Andre Birotte, Jr. to enter a judgment as a matter of law in favor of the company, thus attempting to undo a $6.1 million jury verdict awarded to a class of Walmart employees who had alleged that they were discouraged from taking outside meal breaks when Walmart required workers to leave through a metal detector. In its bid for a favorable judgment as a matter of law, Walmart argued that the plaintiffs failed to prove these allegations.

Shkreli, Co-Founder & Former Companies Under Fire Once Again over Monopoly Accusations

Elizabeth DiNardo, Esq. & Emil DiNardo, Jr., Legal Staff Writer

January 27, 2020, the Federal Trade Commission (“FTC”) and New York attorney general Letitia James filed suit against erstwhile CEO and convicted felon, Martin Shkreli of Turing (Vyera) Pharmaceuticals and Retrophin, and his co-founder Kevin Mulleady, over an alleged scheme to preserve a monopoly on the drug Daraprim.

Pixar Facing Copyright Infringement Claims over Animation in New Movie

Elizabeth DiNardo, Esq. & Emil DiNardo, Jr., Legal Staff Writer

On January 27, 2020, animation company Pixar was served with copyright infringement claims in federal court in the Northern District of California by San Francisco-based artist and tattooist Sweet Cicely Daniher, who alleged that Pixar directly copied the make, model, exterior color scheme, interior color scheme and exterior mural of her 1972 Chevrolet G10 van in the upcoming film, Onward.