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Welcome to our Class Action Blog Series

  • Can I Sue the Government for Damages Caused By Its Negligence?

    We all want to be able to trust in the government – either state-level entities or federal-level agencies – to do the right thing at all times and generally take care of us. However, the government is run by people who are just as capable of making mistakes as anyone else. When the negligence of a government entity ends up causing harm to citizens, it might be possible to seek justice and ...
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  • 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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  • Auto Insurance - Consideration of Unfair Factors May Result in Discrimination

    The auto insurance industry is facing an increasing number of lawsuits regarding its pricing of insurance. According to the National Law Journal, insurance companies are being sued for using factors including education, occupation, credit scores and lack of prior coverage to set their prices. There is clear evidence that many of these policies lead to higher premiums for minorities and the poor. ...
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  • Charter Settles Wage and Hour Class for $18 Million

    Charter Communications has settled a wage and hour class action for unpaid overtime. On May 24, a Wisconsin federal judge granted preliminary approval for the $18 million settlement. The plaintiffs claim that Charter violated federal and state overtime and wage laws. The plaintiffs performed several duties without being paid wages and the defendant failed to pay overtime compensation. The class ...
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  • Civil Rights Groups Seek Class Action Against Arizona's Immigration Law

    Twenty One civil rights groups from Unions, Churches, Mexican, to Muslim groups have filed a class action in Arizona federal court alleging Arizona's immigration Senate Bill 1070 will "cause widespread racial profiling and will subject many persons of color, including countless U.S. citizens and non citizens who have federal permission to remain in the United States, to unlawful interrogations, ...
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  • Class Certification Granted in Fridgidaire Washing Machine Lawsuit

    A Georgia federal judge has granted class certification in a consumer lawsuit alleging defects in Frigidaire front-loading washing machines. In their Complaint, the plaintiffs alleged that these washing machines collected water in the convoluted bellows after the wash cycle, causing mildew or mold to grow. They alleged that Frigidaire deceived customers, advertising that the machine would make ...
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  • Court Affirms Arbitrator's Decision to Allow Class Arbitration

    In Stolt-Nielsen Tranportation Group Ltd. Et al. v. Animal Feeds International Corp., 06-3474, 2nd Cir. 2008 U.S. App. Lexis 22838), the Second Circuit Court of Appeals doled out a little poetic justice. A business sought to have the Court decide that the arbitrator erred in deciding that the arbitration clause allowed for class arbitration. The Court showed great deference to the arbitration ...
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  • Wal-Mart Agrees to Settle Wage Claim for $86 Million

    On May 11, 2010 Wal-Mart agreed to pay thousands of its former California employees a variety of unpaid wages. California law dictates that all outstanding wages must be paid within 72 hours of when an employee resigns. The plaintiffs are seeking pay for unused vacation time, personal time, and other wages. The settlement includes approximately $12 million in unpaid vacation, and $74 million in ...
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  • Wholesalers Qualify as Persons Liable Under Missouri's Consumer Fraud Act

    The Missouri Supreme Court held that wholesalers are persons liable for violations of the Merchandising Practices Act (MPA). In Gibbons v. J. Nuckolls, Inc., 216 S.W.3d 667 (Mo. 2007), the car buyer had sued an automobile wholesaler under Merchandising Practices Act (MPA), alleging that the wholesaler (Nuckolls) failed to disclose to dealership that car had been in an accident. The trial court ...
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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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  • 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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  • 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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  • 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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  • Class Action Lawsuit Filed Against LinkedIn Citing Privacy Violations

    Four plaintiffs have brought suit against LinkedIn Corporation, alleging that LinkedIn has broken into users' third-party email accounts, downloading email addresses from that account, and sending out reminder emails utilizing plaintiffs' names advertising LinkedIn to non-members. The Complaint alleges that LinkedIn fails to disclose to its users that it will send out emails to the email addresses ...
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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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  • 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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  • 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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  • 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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  • 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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  • Class Certification in Illinois Refinery Spill Case

    Resident plaintiffs claimed Wood River Refinery, formerly owned by Shell Oil Co., let hazardous benzene contaminate their nearby properties and water supplies. Resident plaintiffs alleged 18 spills occurred in nearly 25 years at the refinery. The plaintiffs asserted claims for medical monitoring, trespass, public and private nuisance, and unjust enrichment. Defendants argued that the district ...
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