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Welcome to our Class Action Blog Series

  • Suit filed by The Simon Law Firm, P.C. against Express Scripts

    As reported in by the St. Louis Business Journal , The Simon Law Firm, P.C. has filed a lawsuit on behalf of six compounding pharmacies alleging St. Louis-based Express Scripts is trying to force them out of business in violation of antitrust law. The plaintiffs who filed the lawsuit against the $101 billion pharmacy benefits manager in U.S. District Court for the Eastern District of Missouri ...
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  • Suit filed by The Simon Law Firm, P.C. targets Scottrade in hack case

    As reported by The St. Louis Post-Dispatch , The Simon Law Firm, P.C. has filed a class action law suit against Scottrade, alleging that lax security at the brokerage firm allowed hackers to steal customer information. If you feel you have been affected, contact The Simon Law Firm, P.C.
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  • Judge Approves $18 million Class Action Settlement

    Ryan Keane, of The Simon Law Firm, recently obtained final approval of a class action settlement involving red light cameras. As reported by Missouri Lawyers Weekly, Judge Tom DePriest granted final approval of the settlement on March 13, 2015. The settlement offered a partial cash refund to over 800,000 people who had paid red light camera tickets. Ryan was co-lead counsel for the Plaintiffs and ...
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  • More than 300 residents file a lawsuit against the Rolling Hills Landfill in Pensacola, Florida

    On November 21, 2014, we, along with Zakariah Johnson of Zakariah Johnson, PLLC, and Chuck Hobbs of The Law Office of Charles E. Hobbs filed a lawsuit against South Palafox Properties, the owner and operator of the Rolling Hills Landfill on behalf of over 200 residents. On January 13, 2015, we amended our Complaint, which now includes 330 residents in over 150 households. I have represented over a ...
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  • Class v. LandAmerica

    Overview: Wage and hour claims were brought in the United States District Court in the Eastern District of Missouri. Plaintiffs alleged that LandAmerica required them to work overtime without compensation. A class of people from five states was certified. A confidential settlement for those who opted into the class was reached.
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  • Victories Against Red Light Cameras Now Final

    Ryan Keane, of The Simon Law Firm, P.C., was recently in the Missouri Lawyers Weekly Publication. They interviewed him and were talking about red-light camera cases. Ryan is the lead attorney on all five cases and now they are seeking class action status. He said the next step is to try and get refunds for everyone who paid a ticket in municipalities where the Court of Appeals has found the law to ...
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  • Fair Labor Standards Act v. Collective Bargaining Agreements

    Are employees of the United States compensated for the time they don and doff? What is the true definition of "clothes?" This was all addressed when the U.S. Supreme Court heard oral arguments in Sandifer, et al. v. U.S. Steel Corp. in November 2013. Sandifer filed a class complaint in the U.S. District for the Northern District of Indiana against the United State Steel Corporation on behalf of ...
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  • Overdraft Multidistrict Litigation to Proceed

    In Re: Checking Account Overdraft Litigation, 2013 WL 5774287 (S.D. FL. Oct. 24, 2013), a federal judge has held that genuine issues of material fact exist regarding allegations that BancorpSouth Inc. sequenced debit and ATM transactions from highest to lowest dollar amount in order to maximize overdraft fees. Plaintiffs argue that if transactions had been processed in the order they had occurred, ...
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  • Final Approval for Crest Toothpaste Class Action

    A class action lawsuit settlement against Procter & Gamble Co. for its Crest Sensitivity Treatment & protection toothpaste has been granted final approved. The lawsuit alleged that Proctor & Gamble engaged in misleading and deceptive advertising and marketing for the Crest Sensitivity toothpaste, specifically that it could deliver relief from tooth sensitivity "within minutes." The suit alleged ...
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  • Final Approval for Frosted Mini-Wheats Class Action Settlement

    Final approval has been granted for a $4 million class action settlement by the U.S. District Court for the Southern District of California in Dennis v. Kellogg Co, Case No. 9-cv-01786. The lawsuit alleged that Kellogg Co. falsely advertised that its Mini-Wheats cereal improved kids' attentiveness, memory, and other cognitive functions not supported by scientific evidence. A previous settlement of ...
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  • Fourth Circuit Reverses Trial Court in Dollar Store Discrimination Case

    Fifty-one female Dollar Store managers filed a class action complaint, in the U.S. District Court for the Northern District of Alabama, alleging that they were paid less than male store managers, in violation of Title VII and the Equal Pay Act. The case was transferred to the U.S. District Court for the Western District of North Carolina. In July 2010, Family Dollar moved for summary judgment, but ...
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  • Georgia Conditionally Certifies American-Citizen Farm Worker Class

    American citizen farm workers have filed a class action complaint, in the U.S. District Court for the Southern District of Georgia, against the Stanley farm and owners. The complaint alleges that the American farm workers were not offered the same pay rates as available under the H-2A job order. The U.S. Department of Labor's H-2A program provides for temporary employment of alien agricultural ...
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  • Improper Institutionalization Class Certified in New Hampshire

    A class action brought on behalf of persons with serious mental illnesses against the governor and other state officials was recently certified by the Honorable Judge Steven McAuliffe. These named plaintiffs are individuals institutionalized in one of the State's institutional treatment facilities. The complaint alleged that the ADA, the RA, and the Nursing Home Reform Act (NHRA) were violated by ...
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  • NCAA Loses Motion to Dismiss; Athlete Antitrust Claims Proceed

    Former and current student-athletes brought an action against the National Collegiate Athletic Association ("NCAA") in the U.S. Northern District of California. The athletes claim that the NCAA violated federal antitrust laws by restraining competition in the market for the licensing of the athletes' names, images and likenesses for use in videogames and broadcasts. In order to compete, the ...
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  • SCOTUS Declines to Hear Facebook Beacon Privacy Case

    On November 4, 2013, the U.S. Supreme Court declined to review the settlement of a class action over Facebook's Beacon program. Justice Roberts noted that despite growing reliance on cy pres awards as remedies in class actions, the current case was "too narrowly focused" on the particular aspects of this specific cy pres award for the Court to address the fundamental issues. He further stated that ...
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  • Settlement Reached and Approved in Class Action against Southwest Airlines

    A federal judge recently approved a settlement in a class action against Southwest Airlines. The case involved a class of Southwest customers who had purchased "Business Select" tickets. Southwest allegedly later failed to honor drink vouchers offered to those customers, despite the fact that they were issued without expiration dates. The parties, including lead plaintiffs Adam Levitt and Herbert ...
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  • Glucosamine Supplement Class Action Lawsuits Filed against Walgreens

    A class action lawsuit was filed against Walgreen Co. on October 28, 2013, alleging that its glucosamine products contained misrepresentations about the efficacy of the product. The lawsuit, filed by Marc Group, claims that while the glucosamine products are advertised as being able to rebuild cartilage even though that is physically and biologically impossible. The complaint states that Group ...
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  • OfficeMax Zip Code Class Action Settlement Preliminarily Approved

    A revised $600,000 class action settlement was preliminarily approved by U.S. District Judge Yvonne Gonzales Rogers on November 14, 2013. The settlement resolves claims that OfficeMax North America Inc. illegally collected customers' zip codes during debit and credit card transactions, in violation of California's Song-Beverly Credit Card Act, which prohibits retailers from asking for ...
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  • Act Fast or Litigate: Defendants Denied Renewed Motion to Compel Arbitration after Concepcion Ruling

    On September 13, 2013, California’s Court of Appeals held in Morgan v. AT & T Wireless Services, Inc., 2013 WL 5034436 (Sept. 13 2013) (opinion unpublished and noncitable), that a six and a half month lag between the United States Supreme Court’s ruling in Concepcion and AT&T's renewed motion to compel individual arbitration constituted a waiver of this right that extended to both named ...
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  • Ann Taylor LOFT Credit Card Lawsuit Certified

    On November 12, 2013, Judge Paul Crotty certified a lawsuit brought by Ann Taylor LOFT credit card holders. In the suit, the plaintiff, Ester Kelen, alleged that that the World Financial Network National Bank (WFNNB), which issues the cards, violated the Truth in Lending Act by failing to provide disclosures to new credit card holders about their rights and the creditor's responsibilities. The ...
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  • $2.7 Million Overtime Collective Action Settlement Reached

    B.J.'s Wholesale Club, Inc., a food wholesale club with over 190 locations, has agreed to pay $2.7 million to settle claims that employees were not properly compensated for overtime work. The suit, brought by BJ's Asset Protection Mangers (APMs), alleged that they were misclassified as "exempt" workers and that they were regularly required to work over 40 hours a week, in violation of the Fair ...
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  • Arkansas Supreme Court Certifies Class Suit Against Online Travel Companies

    Pine Bluff Advertising and Promotion Commission, Jefferson County, the city of North Little Rock, brought a suit for themselves and others similarly situated against on-line travel companies ("OTCs") such as Hotwire, Orbirtz, Hotels.com, etc. The suit alleged that the OTCs failed to collect and remit local hotel sales taxes when they collect payment for hotel bookings: OTCs acquire rooms from ...
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  • Audi & VW Potential Engine Claims

    Amy Gunn and The Simon Law Firm in St. Louis is investigating potential claims for people in the St. Louis area who have owned or leased an Audi or Volkswagen with a 2.0 turbocharged engine. If your vehicle burns oil between oil changes, requiring you to change the oil more often than expected, we would like to talk with you. If you have one of these vehicles, you may be eligible for participate ...
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  • Bank Overdraft Fee Case Allowed to Proceed

    A federal judge in Kentucky recently ruled that a putative class action against Republic Bank & Trust Co. can go forward. The named plaintiff, Brenda Webb, filed the suit alleging that some of the bank's practices are unjust. Namely, the bank had been reordering debit-card transactions from high to low instead of chronologically. It would then charge customers overdraft fees, and Webb alleged that ...
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  • Boeing Securities Fraud; Class Action Brought Under ERISA

    In Gary Spano, et al v. The Boeing Company, et.al, participants in the Boeing 401(k) plan filed suit against Boeing, Boeing's Employee Benefits Plans Committee, Boeing's director of benefits, and the Employee Benefits Investment Committee. In the suit, plaintiffs alleged breach of fiduciary duties under ERISA by causing the plan to pay excessive fees and expenses, both through contract fees and ...
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