Attorneys Taking Action - Class Action News
Kohn, Swift & Graf, P.C. has achieved a Tier 1 ranking in Philadelphia in the area of antitrust litigation and a Tier 3 national ranking in the area of antitrust litigation. The firm has also achieved a Tier 3 ranking in Philadelphia in the area of antitrust law.
“The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking, a law firm must have at least one lawyer listed in the 22nd Edition of The Best Lawyers in America© list for that particular location and specialty.”
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Attorneys Taking Action’s own Jonathan Shub has been selected by the American Association for Justice to be a moderator at their prestigious annual convention. The four-day event attracts three thousand attendees each year. The convention will be held July 22nd to July 25th, in Los Angeles California. For more information or to register, visit their website.
It is alleged that VW and Audi have concealed an engine defect that can cause sudden engine failure.
An overwhelming number of 2008-2012 VW and Audi cars with 2.0 TSI engines have reportedly experienced partial or complete engine failure. These problems are caused by faulty “timing chain tensioners”, a piece of the engine responsible for ensuring the intake and exhaust valves operate in the necessary synchronization. When the valves are not in sync, they crash into the pistons, causing harm to either the valves, the pistons, or both. This damage inevitably causes partial or complete engine failure, making it necessary for consumers to have to pay to repair, or in many cases, even replace their VW or Audi engines.
What is perhaps the most concerning revelation is that VW and Audi appear to have been aware of this defect, yet continued to sell and profit off of these cars. Even the National Highway Traffic Safety Administration published multiple technical service bulletins warning drivers of the concern. Yet VW and Audi did not recall the cars nor did they offer to repair or replace engines. Instead, they continued to sell the vehicles, allegedly with knowledge that the faulty engines could fail at any time, potentially with devastating consequences.
If you or someone you know purchased or leased a 2008 to 2012 VW or Audi car with 2.0 TSI engines, we can help. Contact us today.
Pokemon Go mania has rapidly taken hold of the country faster than you can catch a Rattata. SimilarWeb reports that Pokemon Go downloads exceeded that of dating app Tinder within twenty-four hours of its release and its daily users surpass that of social media giant Twitter. But this swift ascent and rush to download means that millions of users across America downloaded the application before reading the fine print . And that fine print contains a bold statement: users of the application have agreed to forced arbitration in case of dispute and have waived their right to enter into any class action lawsuits against Niantic.
This is known as an arbitration agreement, or as it has been recently coined, a “rip-off clause”. This statement is scarier and more restrictive than it appears when buried in the lengthy user agreement. If something goes wrong- users’ personal data is breached, or Pokemon Go charges users’ credit cards without permission- users have agreed to give up their Seventh Amendment right to sue Niantic. Instead, they will be forced to meet with Niantic and a third-party arbitrator, hand-picked by the company itself.
Dura-Loc purported that their “Continental”, “Shadowline”, “Shake”, and “Wood Shake” roofing tiles would neither be affected by ultra-violet light for at least twenty-five years after installation nor deteriorate in appearance. Consumers, lured in by the UV-resistant claims, bought the Dura-Loc defective roofing tiles, only to watch as their roofs lost the original color and texture within a few years of installation.
A win in the Seventh Circuit has the National Labor Relations Board (NLRB) and its supporters celebrating- and preparing for a potential Supreme Court case.
The NLRB has long held that arbitration agreements with class action waivers violate the rights of employees to practice protected collective action, a right established by the National Labor Relations act. They argue that arbitration agreements, which disallow employees to sue as a group, should be impermissible, or at the very least, unenforceable. So far, the courts have not agreed. The Second, Fifth, Eighth, and Ninth circuits have all refused to take any sort of action against arbitration agreements and class action waivers. But in May, the Seventh Circuit took a different stance in the case Lewis v. Epic Systems Corporation.
Studies have found that CVS’s Aftersun Aloe Vera Moisturizing Gel contains ingredients that are commonly used to de-ice aircraft and produce cement. Propylene glycol, which is not even listed in the ingredients, is used in airplane de-icing applications, is sold as antifreeze for cars, trucks, RVs, and boats, and is a major ingredient in the liquid nicotine and cartridges used in electronic cigarettes. Triethanolamine is employed in the grinding of limestone, quartz, and Portland cement. In fact, testing has showed that the CVS Aloe Product contains no Acemannan, the key active ingredient of aloe.
Companies are increasingly violating the Fair Labor Standards Act by not justly compensating employees for working more than forty hours per seven consecutive days. Unless covered by specific exemptions, employees must be paid at least 1.5 times their hourly rate for each and every hour they work over forty hours. Employers generally deceive their employees into believing they are not eligible for overtime pay by falsely claiming that they are covered by exemptions, misclassifying the employee’s role, or by not counting “off-the-clock” work time.
Ralph Lauren is the latest retailer to be hit with accusations of deceptive pricing. A lawsuit filed on May 2, 2016, in the Southern District of California, alleges that the retail giant falsely advertised “’market prices and corresponding ‘phantom’ savings”.
It is the latest in a string of class action lawsuits aimed at outlet and discount stores and websites that list false advertised retail prices (ARPs) next to their sales prices. This practice tricks consumers into believing that they are purchasing items at a discount. Most of these “market” prices are nothing more than imaginary figures without any basis in economic reality.