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||On February 18, 2013,two of the passengers on the Carnival Triumph cruise ship filed the secondclass action lawsuit in U.S. District Court in the southern district of Florida. The first class action suit was filed February 15, 2013 by Cassie Terry of Texas. Passengers from the Triumph's ill-fated cruise have been offered refunds for the cruise, reimbursement for travel expenses to arrive at Galveston, discounts on a future cruise equal to the amount spent on the Triumph's cruise and $500.
The International Maritime Organization (i.e. the United Nations group that oversees safety at sea) issued guidelines requiring redundancy for vital systems but the new requirement applies only to ships built since mid-2010. The Triumph was built in 1999.
Carnival's ticket contract specifically bans class action lawsuits. Any dispute that does not involve personal injury, illness or death is required to go to arbitration.The arbitration proceedings would take place in Miami, where Carnival is headquartered. The class action complaints ask the court to "rule Carnival's ban on class action claims to be null and void in this case because of the cruise line‘s alleged negligence."
Tangilena.com - Four class action settlements have been reached in suits involving drywall imported from China. The four settlements impact four separate classes: Nationwide Insureds Settlement Class, Porter-Blaine/Venture Supply Settlement Class, Tobin Trading and Installers Settlement Class, Builders Mutual Insureds Settlement Class. Most class members are residents of Virginia and should have received a notice in the mail. If you did not receive a notice you can register at CFI Sales & Markeging Ltd., a company formed by David Siegel, has once again proposed a settlement in the class action brought by 300 sales agents owed commissions. If accepted and approved by the court, this will be the second settlement agreement in this case. The plaintiffs agreed to accept a $650,000 settlement in 2010 but, after making just two payments, settlement payments were stopped. The attorneys for CFI in court after the first default argued that CFI had agreed to have a judgment entered but did not agree to make all of the payments...
A legal notice of Pending Class Action and Notice of Proposed Settlement was mailed February 2013 to Facebook users who may have been featured in a "Sponsored Story" on Facebook prior to December 3, 2012. More information may be found on the Settlement website at www.fraleyfacebooksettlement.com. The class action lawsuit to which this settlement pertains claimed that Facebook unlawfully used Class Member‘s names, profile pictures, photographs, likenesses, and identities to advertise or sell products through Sponsored Stories...
On January 7, 2013 oral arguments were made before the Supreme Court in the matter of Standard Fire Insurance v. Knowles concerning the binding "stipulation" clause which limits the size of the monetary settlement. By limiting the settlement size to $5 million or less, the case stays in the state court and is not bumped into the federal court system...
Since the Wal-Mart Stores, Inc. v. Dukes et al. decision decided in June 2011, the courts have seen increased focus on the issue of commonality requirements necessary to move forward with a class action. In August 2012 the 7th Circuit again addressed the commonality issue in Bolden v. Walsh (No. 12-cv-2205, 7th Cir., 2012). The court held that the plaintiffs were not able to meet the commonality standard set in Wal-mart...
A class action suit (In re Toyota Motor Corp. Hybrid Brake Marketing, Sales, Practices and Products Liability Litigation, 10-02172, U.S. District Court, Central District of California) brought against Toyota by owners of Prius and Lexus models over a 2010 recall has been denied by California U.S. District Judge Carney. The court felt that no class existed and that the plaintiffs were not entitled to any classwide relief...
A settlement has been reached in Godec v. Bayer Corp., Case No. 1:10-CV-00224-JG. Bayer Corp. and Bayer HealthCare LLC were sued by a consumer on behalf of Ohio purchasers of Bayer® One-A-Day Men's Health Formula multivitamins alleging false advertising. While denying any wrong doing, Bayer has agreed to a settlement. If you purchased this product in Ohio between February 2, 2006 and November 30, 2009 you are a member of the settlement class. For more information and to complete a claim form visit www.mensvitaminslawsuit.com
In Carey, et al. v. New Balance Athletic Shoe, Inc. a proposed class action settlement has been reached. New Balance has denied any wrong doing but has agreed to a settlement to avoid additional litigation costs. If you choose to do nothing you will receive no payment. You can visit the settlement website New Balance Settlement.com and complete a Claim Form provided on the website to participate in the settlement.
The Supreme Court will be asked to offer an opinion on the "certification" of two separate class action cases: Comcast v. Behrend and Amgen v. Connecticut Retirement Plans. Their decisions in these two cases will determine whether they can move forward as a class action or if they will need to be split into thousands of individual classes...
To read Class Action News updated daily visit Class Action Related Headlines. Our Class Action News Search also contains links to recent Class Action Cases in the News. Our Class Action Litigation Library offers articles on Consumer law, Class Action, Tours, Travel Agents, and additional offsite legal articles. Read our recently posted CONSUMER LAW 2008 Update written by Judge Dickerson discussing consumer protection statutes most frequently used in New York State courts. This paper is prepared annually for New York State Civil Court Judges and the Town & Village Resource Center. This paper updates the information in earlier versions (2000, 2001, 2003, 2005, 2006 and 2007) also found in our Class Action Litigation Library.
Other new articles in our library include Burdens of Jurisdictional Proof written by Professor Lonny Hoffman, George Butler Research Professor of Law at the University of Houston Law Center, discussing who bears the burden of jurisdictional proof under the Class Action Fairness Act. Avoiding Investment Fraud: Don't Get Taken and Avoid E-mail Scams: Don't Get Taken both written by Timothy E. Eble...
"It is a fact that any investments involve a certain degree of risk. So how does an invididual avoid being taken in by a fraudulent investment adviser?..."Also recently added "Choosing a class action rep"reprinted here by permission of LawyersUSA discussing important considerations an attorney must examine when selecting a class action representative...
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