Federal Judge Dismisses Suit Alleging Cancer Risk From Cell Phone Use Sep 5, 2008
In his 46-page opinion in , Senior U.S. District Judge John R. Padova concluded that a consumer suit alleging breach of warranty claims stemming from the alleged dangers of cell phone radio frequency, or RF, emissions is pre-empted by federal law because the Federal Communications Commission has the exclusive power to set the standards for radio frequency radiation in cell phones. "Farina's allegations unquestionably trample upon the FCC's authority to determine the maximum standard for RF... (Law.com)
Ohio: No "Sleepovers" For Voting Machines Aug 20, 2008
Earlier this month, Brunner sued Premier Election Solutions (formerly known as Diebold Election Systems), accusing the voting machine manufacturer of breach of warranty, fraud, and not fulfilling its contracts, after hundreds of votes in several Ohio counties were "dropped" during March's primary. Those votes were discovered after the fact and reinserted into vote tabulations. (CBS News)
Secretary of State Jennifer Brunner sues voting-machine maker Premier Election Solutions Aug 7, 2008
Brunner's countersuit alleges breach of warranty, breach of contract and fraud. Brunner said her office was first notified of the dropped-votes problem by the Butler County elections board in April. (Cleveland.com -- News)
Francis & Mailman, PC Expands CreditReportProblems.com to List Debt Collection Companies Aug 1, 2008
The firm represents consumers in individual actions, as well as through class action lawsuits, in the areas of unlawful credit reporting and debt collection practices, unfair trade practices, breach of warranty, truth-in-lending and other consumer matters. The firm's have significant litigation experience both in federal and state trial courts. (Yahoo News -- Press Releases)
Man says prescription drug caused compulsive gambling Jul 13, 2008
The lawsuit, filed in New York State Court on Tuesday, accuses the privately held German drugmaker Boehringer Ingelheim, Pfizer and Pharmacia & Upjohn of breach of warranty, negligence and negligent misrepresentation. Randolph Simens, 55, said that he took the drug, Mirapex, from 2002 to 2007 after being diagnosed with Parkinson's disease and suffering hand tremors. (Reuters)
Federal Judge Rules 'Patent Troll' Must Pay $3.8 Million in Attorney Fees Jun 19, 2008
Chrysler and Mercedes countersued for breach of warranty, and in February, Judge Barbara B. Crabb ruled that the companies had not infringed the Taurus patent. In March, Chrysler and Mercedes -- now in the plaintiffs' role -- took their case before a jury, which agreed that Orion had violated its settlement agreement. (Law.com)
General Motors Class Action Settlement Could Drive Big Attorney Fees Mar 26, 2008
The suits asserted claims for breach of warranty and violations of unfair business practices statutes. GM was represented by Robert Ellis, a Chicago-based partner at Kirkland. (Law.com)
Cost to taxpayers: Roughly $20,000 a year (1129) Mar 15, 2008
girard74 wrote on Mar 12, 2008 9:08 AM:" s asked, 'How can a pane of glass cost $10K?' This is a very good question. For that price, the window should have been guaranteed never to break. They should be demanding a refund due to breach of warranty. ". carlos wrote on Mar 12, 2008 8:59 AM:" Keep the electronic opaque windows but put a pane of unbreakable plexiglass on the side facing the prisoners. That way the prisoners can't break it and the PD can keep the electronic opaquing system. ". (Lodi News Sentinel, CA)
$5.6M Award Upheld, but Court Wants Explanation on Attorney Fees Oct 27, 2007
" The appellate court also rejected the plaintiff cross-appeal of Bernstein's order denying class certification under the Unfair Trade Practices and Consumer Protection Law. Bernstein ruled that Samuel-Bassett met the requirement for class certification under the commonwealth's rules of civil procedure for her breach of warranty claims but not her consumer protection claim. He found that Samuel-Bassett had met all the requirements of class certification under Pennsylvania's rules of civil... (Law.com)
Woman bites bolt in salad, now suing deli Jul 23, 2007
The suit cites three causes of action - strict liability, breach of warranty and negligence. According to the plaintiff's initial discovery to defendants, a Jason's Deli manager "admitted liability for the incident giving rise to this suit," and the company's "liability insurance carrier admitted liability for the incident giving rise to this suit." Lucretia Fernandez can be reached at lfernandez@hcnonline. (Conroe Courier, TX)
Coca-Cola settles lawsuits over benzene May 16, 2007
The lawsuits alleged that ingredients in Fanta Pineapple and Vault Zero had the potential in certain circumstances to combine to form benzene, and asserted claims for breach of warranty, unfair and deceptive trade practices and unjust enrichment. According to the settlement agreement, Coca-Cola continues to deny all of the allegations in the lawsuits. (MSNBC -- Business)
Did Cocktail Party Chatter Cause Law Firm to Breach Fiduciary Duty? Apr 21, 2007
In April 2002, Total Clean sued Ondeo Nalco, for among other things, breach of warranty, fraud and lost profits, adds Smoot. Ondeo Nalco also filed a counterclaim against Total Clean. (Law.com)
As Seen on 'World News' Lawsuits Build Against Maker of Tainted Pet Food Apr 4, 2007
Lawyers seeking to certify a Chicago-based class action that now numbers 200 pet owners will amend their complaint against Canadian-based pet food company Menu Foods Wednesday and charge fraud, in addition to the claims they have already made for negligence and breach of warranty, saying the company knew its product was tainted weeks or more before it issued a recall of 60 million containers. In moving from charges of negligence to fraud, plaintiff lawyers hope to trump the conventional wisdom... (ABC News)
Owner Suing Menu Foods Apr 1, 2007
" Ingles bought Priority Beef Slices in Gravy from a Safeway store in January or February, according to the suit. Smokey began showing "numerous symptoms consistent with kidney failure" in mid-February, the suit states. The dog was euthanized March 3. The suit claims breach of warranty, negligence and product liability. Menu Foods launched the recall March 16. On Friday, the company pledged to reimburse pet owners for veterinary bills. "We are angered that a source outside of the company has... (San Francisco Chronicle -- Crime)
Newark woman sues Menu Foods over pet food recall Apr 1, 2007
The suit claims breach of warranty, negligence and product liability. On Friday, Menu Foods pledged to reimburse pet owners for veterinary bills. (Fresno Bee -- State)
Lawyers for Tobacco Plaintiff Want $37.5 Million Judgment OK'd Mar 16, 2007
The class action accused tobacco companies of fraud, conspiracy, intentional infliction of emotional distress, manufacture and sale of a defective product, breach of warranty and negligence. That case was brought by Miami attorneys Stanley and Susan Rosenblatt. (Law.com)
Court: parts supplier, not GE, liable in refrigerator fire case Feb 21, 2007
The Appellate Division had dismissed the complaint brought by Joseph Bradley, the homeowner who sued GE and Feiden after the fire for strict products liability and breach of warranty. A state Supreme Court jury in Albany County had originally found that the fire originated in the refrigerator. (Albany Business Review, NY)
More lawsuits filed over E. coli Jan 19, 2007
Johnson and Evans seek an unstated monetary amount for damages, claiming Taco John's should acccept liability for the food and claiming Taco John's demonstrated breach of warranty and negligence. Marler spoke today at the Minnesota Environmental Health Association's winter conference at the University of Minnesota's Continuing Education and Conference Center in St. Paul. (Austin Daily Herald, MN)
N.J. Judge OKs $14.5M Settlement in Class Action Over Bad Jeep Brakes Dec 29, 2006
Also weighing in favor of approval was the risk entailed in trying a case that Harris described as "a complex amalgam of products liability claims, consumer fraud and breach of warranty theories.". A successful outcome on all theories, which would require establishing that DaimlerChrysler engaged in unfair business practices, was "dubious at best," said Harris. (Law.com)
Utica Man Sues Taco Bell Dec 12, 2006
The federal suit accuses the restaurant chain and a California farm of negligence and breach of warranty for serving tainted food. Jared Keller because ill after eating at a Taco Bell in Utica on November 25. (R News)
Publix Sued Over Benzene In Soda Nov 17, 2006
Gordon is seeking damages from Publix for breach of warranty, deceptive trade practices and is calling for an injunction against the sale of the beverages until they have been reformulated. Howard said Gordon has not yet suffered any health problems from consuming the Publix-brand sodas. (The Ledger)
News in brief from western Pennsylvania May 19, 2006
(AP) _ County commissioners have sued the maker of a decertified voting system, alleging breach of warranty. In the lawsuit, the county seeks $925,074 in damages from UniLect of Dublin, Calif. (NEPA News, PA)
