The Litigation Counsellor®

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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.

Being Mindful: A conversation with Attorney Roopal Luhana

Elizabeth DiNardo, Esq. | Associate Counsel

In today’s world of social media influencers and so-called self-help gurus, it has suddenly become trendy to be focused on self-care, meditation and mindfulness. However that same world, combined with constant communication, has made our lives busier than ever often resulting in relegating self-care to the bottom of our to-do lists. This can be especially true for working mothers who want to give their all to both their career and their family, often putting themselves last in the order of importance. But self-care isn’t just a passing fad—it is an important part of modern life and is crucial to living a well-balanced life. In this edition of Women in the Law, we profile a successful attorney who has made self-care and meditation central to her day-to-day life.

On August 13 2019, a three-judge panel in New Jersey’s appellate court rejected condominium developer K. Hovnanian’s bid to have architectural firm RTKL pay its share of a $4 million jury verdict. The panel found that RTKL should not pay Hovnanian’s $3 million share of the jury verdict for its decision to push construction forward on a 132-unit condominium despite knowing the plywood used was not flame retardant.

J&J Hit with $575M in Oklahoma Ruling over Opioid Crisis

Elizabeth DiNardo, Esq. | Associate Counsel

On August 26, 2019, Oklahoma state court Judge Thad Balkman found Johnson & Johnson (“J&J”) responsible for causing the opioid crisis in Oklahoma, and ordered that J&J must pay $572 million to repair the damage. This ruling comes almost six weeks after the conclusion of a seven-week bench trial, where state attorneys successfully proved J&J and its subsidiary Janssen Pharmaceuticals Inc., created a public nuisance by overstating the benefits of narcotic painkillers while downplaying the risk for addiction.

Cosmetic Company agrees to $3.3M Settlement in False Advertising Suit

Elizabeth DiNardo, Esq. | Associate Counsel

On August 13 2019, cosmetic company Younique agreed to a $3.25 million settlement, ending class action claims alleging that the company falsely marketed its mascara product as containing “natural fibers.” The settlement fund’s purpose is to make payments to customers in 11 states who bought the “Moodstruck 3D Fiber Lashes” between 2012 and 2015 based upon the assumption Younique used natural fibers in the production of the lashes.