Judge Trims Mercedes-Benz Gas Tank Leak Class Action Lawsuit

By Mike Holter

A class action lawsuit accusing Mercedes-Benz USA LLC of concealing a fuel tank defect in its 2003-2009 E-Class vehicles has survived a motion to dismiss but with some pared down claims.

On June 7, U.S. District Judge Timothy C. Batten Sr. trimmed several claims from the proposed class action lawsuit, including the plaintiffs’ breach of warranty and implied warranty claims, unjust enrichment claims, breach of the implied covenant of good faith and fair dealing, and claims under the federal Magnuson-Moss Warranty Act.

Sen. Rand Paul Planning Class Action Lawsuit Over Government Surveillance

By Sarah Pierce

Senator Rand Paul (R-Ky.) announced on "Fox News Sunday" yesterday that he plans to file a class action lawsuit against the Obama Administration for its “unconstitutional” surveillance programs.

Paul called for a grass roots uprising of American citizens to challenge what he calls abusive government practices after it was revealed last week that the federal government has been gathering millions of phone and Internet records from leading companies as part of a secret anti-terrorism program, code-named PRISM.

Lawsuits Being Filed Over Costco-Townsend Farms Frozen Berry Recall

By Amanda Antell

On May 31, 2013, Oregon company Townsend Farms announced a recall of one of its frozen berry mixes -- Townsend Farms Organic Antioxidant Blend -- sold at Costco stores. The berries have been linked to at least 34 different Hepatitis A cases in five states.

The recall was announced three days after the United States Food and Drug Administration (FDA) and the federal Centers for Disease Control (CDC) first announced a potential link between the frozen berries and the illness. Hepatitis A cases have been reported in Colorado, New Mexico, Nevada, Arizona, and California. Hawaii health officials are also investigating three cases of hepatitis A in people who might have eaten the Costco-Townsend Farms berry mix.

Lawsuits are being filed now by consumers who became ill after eating the recalled Costco-Townsend Farms frozen berries.

5-Hour ENERGY Class Action Lawsuits Consolidated into Calif. MDL

By Matt O'Donnell

Nine class action lawsuits accusing Innovation Ventures LLC of falsely marketing 5-Hour ENERGY drinks have been consolidated in California federal court.

On June 5, 2013, the U.S. Judicial Panel on Multidistrict Litigation moved the 5-Hour ENERGY class action lawsuits – currently pending in eight district courts – to the Central District of California, saying centralization of the actions is appropriate.

The panel said all the lawsuits share factual questions arising out allegations that Innovation Ventures used false advertising and deceptive marketing to mislead consumers into believing its 5-Hour ENERGY “energy shot” provides five hours of sustained energy without a “crash” later.

Auto Shippers Accused of Running Cartel in Class Action Lawsuit

By Mike Holter

A unit of Nissan Motor Co. and several other automotive shippers have been hit with a class action lawsuit accusing the companies of forming a price-fixing cartel that resulted in U.S. consumers paying higher prices for foreign cars since 2008.

Lead plaintiff David Schroeder says Nissan and the other shipping company defendants engaged in a five-year long conspiracy to suppress and eliminate competition in the vehicle carrier services market by agreeing to fix, raise, maintain and stabilize overseas shipping prices.

Victim Shares Horror Story with Manhattan Mini Storage

By Amanda Antell

Tenants who fall behind in storage unit rent are allowed to collect their possessions before the storage unit can auction them. However, many storage unit operators are being accused of violating customers’ rights and seizing their property and auctioning it without providing proper notice under the law. Though a very common problem throughout United States, some of the worst cases come from New York and New Jersey.

Judge Upholds Class Certification in Debt Collector TCPA Lawsuit

By Anne Bucher

On May 30, 2013, U.S. District Judge Robert N. Scola, Jr. rejected Healthcare Revenue Recovery Group’s motion to reconsider a decision to certify a class action lawsuit accusing the debt collection agency of violating the Telephone Consumer Protection Act (TCPA). The TCPA, passed by Congress in 1991, is a law designed to restrict the use of telephone solicitations and automated dialing equipment. The law requires debt collectors to identify themselves with every phone call, even if the recipient is already aware that the caller is a debt collector.

Lead plaintiff Stephen Manno sued Healthcare Revenue Recovery Group (HRRG) in 2011. Manno alleges in the class action lawsuit that he received medical treatment in the emergency room of Memorial Hospital Pembroke. As part of the admissions procedure, he completed the required paperwork and provided his mobile phone number to the hospital. According to Manno, he did not expressly consent to a debt collection agency using his telephone number for debt collection purposes.

De Beers Diamond Consumer Settlement Checks Go Out!

By Mike Holter

Great news for consumers in the De Beers diamond class action lawsuit settlement – payments have gone out!

Here’s what the Settlement Administrator had to say in an update posted today:

Notifications and payments were sent to Consumer Claimants in June 2013. The Consumer Subclass Settlement Fund was divided pro rata among the Consumer Subclass members whose claims were approved for payment. Payments were calculated based on several factors, including how much you paid, the quantity and quality of the diamonds you purchased, the amount of money that is available for your Class or Sub-class, and how many Class Members filed claims. The Claim Form provides more information describing how your payment was calculated.