The Litigation Counsellor®

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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.

Trial Begins in $4M Ford Discrimination Case

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

On January 13, 2020, opening arguments commenced for a case involving a former Ford Motor Company (“Ford”) employee who claims his ex-employer gave managers “free reign” to provide Caucasian employees preferential treatment in their requests for overtime hours. The plaintiff claims that Ford’s acts are not only discriminatory, but that Ford would retaliate against any employee who complained about company practices.

On January 10, 2020, plaintiffs in an action against TurboTax parent company, Intuit, made a motion in federal court in the Northern District of California for class certification, partial summary adjudication and entry of final injunctive relief.

January 14, 2020, Amazon-owned audiobook provider Audible has reached a preliminary settlement agreement with a group of the largest US book publishers over a planned expansion feature that would give customers access to closed captions for audiobooks.

On January 2, 2020, chocolate manufacturer Hershey Co. and its newly acquired subsidiary, One Brands, were served with putative class claims in federal court in the Southern District of California, alleging that the defendants’ had engaged in deceptive marketing, advertising and labeling of its ONE protein bars.

Florida Customers Reach Deal with Geico to End Car Fees Suit

James Hatton | Legal Staff Writer & Elizabeth DiNardo, Esq.

On December 18, 2019, a proposed $27 million settlement was submitted to Florida federal court Judge Paul G. Byron for preliminary approval, bringing an end to class claims between more than 250,000 Geico customers and the insurance provider. The alleged claims arose from customers who filed insurance claims with Geico for damaged cars declared “totaled” and were denied coverage for approximately $80 in fees when registering a new vehicle.

Endo to Pay $82.5 Million After it Allegedly Falsified Drug Reports

Elizabeth DiNardo, Esq. | Associate Counsel

Endo International, PLC, an Irish generics and specialty branded pharmaceutical company, generates over 90% of its sales exclusively from the United States healthcare system. The company’s second largest source of revenue, the narcotic “Opana,” was marketed to shareholders in 2006 after Endo applied to the U.S. Food and Drug Administration to have the drug labeled as abuse-deterrent.

Sometimes the Law is All Fun & Games

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

Lawsuits are no laughing matter…unless they are. Some lawsuits deal with complex legal concepts and far-reaching societal implications, while some have a man attempting to sue his boss for passing too much gas. With another decade in the books, we take a look back at some of the most outrageous and hilarious lawsuits over the last 10 years.

Tik-Tok, the video-sharing social networking service that has taken youth by storm, recently was the target of a lawsuit alleging that it collected and shared personally identifiable information about children under the age of 13. On December 6, 2019, a proposed class of parents and children asked an Illinois federal court to approve a $1.1 million settlement to resolve alleged claims.

On December 2, 2019, a group of members of the United States Military and their spouses filed a class action suit in federal court in the Middle District of Florida alleging that The Michaels Organization, LLC, Michaels Management Services, Inc., Interstate Realty Management Company, AMC East Communities, LLC, Clark Capital Realty LLC and Harbor Bay at MacDill (“the defendants”), failed to properly develop, build, maintain and manage housing at the MacDill Air Force Base after hazardous mold was discovered in their properties.