Should you opt out of a class action settlement?
For a variety of reasons, vehicle owners who have received notice that their automobile is included in a class action case may wish to consider opting out the class action lawsuit or settlement.
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California’s Lemon Law: the Song-Beverly Consumer Warranty Act
The Song-Beverly Consumer Warranty Act is one of the most powerful consumer warranty laws in the United States. This act, together with a provision of the law known as the Tanner Consumer Protection Act, are commonly known as the California Lemon Law.
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Consumer fraud claims under the California Consumer Legal Remedies Act
The Consumer Legal Remedies Act (CLRA) is a consumer fraud statute passed by the California state legislature in 1970. The CLRA is designed to prohibit “unfair or deceptive acts or practices” by businesses. The law gives consumers who are the victim of deceptive business practices a powerful tool to recover damages against automakers or businesses…
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SCOTUS ruling in Mallory raises concerns among business community
The U.S. Supreme Court’s recent ruling in Mallory v. Norfolk Southern has created concern in the business community that corporations could be forced to defend lawsuits in jurisdictions far afield from their corporate headquarters.
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Supreme Court rules companies can be sued in any state where they are registered
The U.S. Supreme Court has ruled by a 5-4 majority in Mallory v. Norfolk Southern Railway that companies may be sued in states where they are registered to do business, even if the lawsuit has nothing to do with the state. The case in question involved a lawsuit filed by a former railroad mechanic who…
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German court rules VW, Audi must pay vehicle owners in emissions cheating class action
Germany’s highest civil and criminal court has ruled that Volkswagen must pay drivers who owned vehicles that were equipped with emissions defeat devices between 5% and 15% of the purchase price of their vehicle. The decision has the potential to cost Volkswagen and other automakers who installed emissions devices on their vehicles – such as…
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Infant deaths linked to recalled Boppy cushioned loungers following CPSC vote against ban
In September 2021, officials at the Consumer Product Safety Commission (CPSC) voted against sweeping new rules that would have forced manufacturers to redesign or stop selling cushioned infant loungers, a type of pillow designed for babies to lay on while they are awake. Infant loungers were linked to at least 21 deaths between 2015 and…
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Automotive Defects | Chevy & GMC Duramax Diesel Trucks | Chrysler | Mercedes BlueTEC Diesel | Volkswagen Diesel Recall
European study finds evidence of diesel emissions cheating software in 200 vehicles
A recent study by the International Council on Clean Transportation (ICCT) has found that more than 200 vehicle models involving nearly all major auto manufacturers in Europe had excess levels of diesel emissions. The ICCT study found that emissions levels in these vehicles were so high as to indicate that an illegal emissions “defeat device”…
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Automotive Defects | Class Action Lawsuits | HO&P Cases | Multidistrict Litigation | Volkswagen Diesel Recall
Judge approves VW, Porsche Gasoline Litigation emissions settlement
A California U.S. District Court judge has approved an $80 million settlement with Volkswagen and Porsche on behalf of nearly 500,000 consumers who purchased or leased Porsche gasoline-powered vehicles between 2005 and 2020. The plaintiffs in the litigation were represented by attorneys from Heygood Orr & Pearson and other firms.
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Weight loss drug Belviq may increase risk of pancreatic, colorectal, and lung cancer
Last year, the FDA announced that studies showed that taking the weight loss drug Belviq may increase the risk of developing cancer. In response to a request from the FDA, the drug’s manufacturer, Eisai Inc., agreed to pull Belviq off the market. The FDA’s decision was based on results from a five-year study of Belviq…
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Veterans win $7.1 million verdict in first trial against 3M over defective military earplugs
A federal jury in Florida has awarded $7.1 million in damages to three Army veterans, finding that 3M failed to warn about design flaws in Combat Arms earplugs sold to the military that ultimately caused hearing loss. The jury awarded each of the plaintiffs $2.1 million in punitive damages and a total of $830,500 in…
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Another Young Boy Scout Dies Hiking in Extreme Heat
Young scouts, campers and athletes are particularly at risk of deadly heat stroke. A 16-year-old Boy Scout died while on a troop hiking trip in the Arizona desert at Picacho Peak State Park, the Associated Press recently reported. The hikers had water when they left but ran out at the top of the trail, according…