The Litigation Counsellor®

On June 12, 2017, Hyundai was hit with another class action lawsuit over faulty power steering systems found in various models of the manufacturers vehicles. Plaintiffs claim the South Korean company violated the law of California and 29 other states, in addition to alleging breach of implied warranty, fraudulent concealment and unjust enrichment.

On June 8, 2017, Victoria’s Secret Stores LLC agreed to pay workers $12M to settle proposed class claims that the lingerie giant failed to pay retail employees who were scheduled for “call-in” shifts. The class was made up of an estimated 40,000 disgruntled employees.

In California federal court on Monday, June 5, 2017, The Honest Company Inc. (“Honest”), Jessica Alba’s home products line, agreed to pay $1.55 million to resolve multidistrict litigation claims that Alba’s company falsely advertised that its products were free of harsh chemicals.

On Monday, June 5, 2017, AbbVie Inc. was made to face its first bellwether in the Androgel MDL. The class, comprised of over 4,200 cases, is accusing AbbVie Inc. and several others of overselling testosterone replacement drugs and failing to warn doctors and consumers of potentially deadly side effects.

On June 2, 2017, Uber agreed to a $32.5 million settlement in California federal court to end a class-action suit that alleged Uber falsely advertised their safe rides fee and how the company screens its operators. This settlement comes one year after a previously rejected deal of $28.5 million, which the judge presiding over the lawsuit ruled “improperly provided preferential treatment for certain class members.”

The fight wages on in North Carolina federal court in the legal battle between the Charlotte School of Law and a class of plaintiff students who claim that the law school purposefully withheld important information regarding the school’s American Bar Association (“ABA”) accreditation from both current and prospective students.

On May 26, 2017, a $43 million settlement agreement was reached between the popular music streaming platform Spotify and a class of disgruntled musicians who argued that Spotify has not been paying artists the proper royalty fees for their work.

On Thursday, May 26, 2017, Mariya Plekan, a woman who lost the lower half of her body during the collapse of the Center City building in Philadelphia, was awarded $96.5M for the horrific injuries she sustained in the tragedy. The decision followed a $257 million settlement with all the victims of the collapse and the defendants, the Salvation Army, where victims were shopping and working, and Richard Basciano, who owned the building. According to Ms. million’s attorney, Andy Stern, this was the largest recovery for an injured plaintiff in Pennsylvania history.

On May 23, 2017, Target Corp. agreed to an $18.5 million settlement with 47 states and the District of Columbia, which resolves state investigations into a detrimental 2013 data breach. The settlement was the largest in history regarding multi-state data breaches.

On May 22, 2017, a federal judge in North Carolina, Catherine C. Eagles, ordered Dish Network LLC to pay treble damages after it “repeatedly looked away” when one of its marketers made calls to customers on the company’s “Do-Not-Call” list. The order tripled the $20.5 million jury verdict to a staggering $61million.

In the modern age of technology and constant communication, attorneys have to worry about things that wouldn’t cross the minds of previous generations. One of the largest concerns currently facing modern attorneys is the ever-evolving issue of cyber document security. Since 2011, 80 out of the 100 biggest law firms in the country have experienced security breaches to some degree. Now, more than ever, law firms of all shapes and sizes are upping the degree of thought and funding that’s applied to protecting sensitive client and company information.

On May 16, 2017, a federal judge denied Red Bull Inc.’s motion to dismiss the $60 million wrongful death suit claiming that excessive consumption of their energy drink resulted in the death of 44-year-old, William Wade. According to Judge Lisa Wood, “Red Bull Inc.’s only arguments are that the complaint is a shotgun pleading and it does not adequately plead fraud. Neither contention succeeds.”

On Friday, May 12, 2017, former Los Angeles County Sheriff Leroy Baca was sentenced to three years in prison for obstruction of justice, conspiracy and making false statements to a federal agency pertaining to an FBI investigation of inmate abuse in LA county jails. U.S. District Judge Percy Anderson stated he provided some leniency due to the 74-year-old’s recent Alzheimer’s disease diagnosis and years of public service, but ultimately a custodial sentence was crucial for “restoring public confidence” in the justice system and would hopefully send a “deterring message to law enforcement and public officials that no person is above the law.”

On Monday, May 15, 2017, federal judge William Alsup ordered Uber to cease using Lidar, a navigational technology, which serves as the central navigational force that controls the company’s self-driving vehicles. This order follows a request made by Alsup last Thursday for federal prosecutors to begin investigating the Google self-driving car development company Waymo’s claims that its autonomous car technology was stolen by Uber.