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The Litigation Counsellor®

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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.

Mars Faces Class Action over M&M Ice Cream Bars

Elizabeth DiNardo, Esq. | Associate Counsel

On November 23, 2019, Mars Inc., makers of the popular M&M brand ice cream products, is facing class claims in federal court in the Southern District of New York over allegations that it mislabels the flavoring of its ice cream treats and is in essence committing “food fraud.”

On November 18, 2019, was with class action claims were filed in federal court in the Southern District of Florida, against fast-food giant Burger King, alleging that the restaurant’s new meat alternative “Impossible Whopper” burgers are not truly vegan.

On November 18, 2019, U.S. District Court Judge for the Central District of California, Stephen V. Wilson, denied billionaire tech entrepreneur Elon Musk’s bid to throw out defamation claims against him made by famed British cave diver Vernon Unsworth, who Musk referred to as “pedo guy” in a July 2018 tweet.

On November 8, 2019, U.S. District Judge for the Central District of California, R. Gary Klausner, granted class certification to the U.S. Senior Women’s National Soccer Team (“WNT”) in its suit against the U.S. Soccer Federation Inc.

The action was filed on March 8, 2019, just months before the team’s historic World Cup victory, naming all 28 current WNT players as named plaintiffs. In the complaint, the players claim that the U.S. Soccer Federation is in violation of the Equal Pay Act and Title VII of the Civil Rights Act of 1964, alleging that the defendant’s pay structure is unfair to the women’s team in comparison to the less successful men’s league.

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.