Class Action

Pfizer Agrees to $894 Million Celebrex and Bextra Settlement

Posted on October 23, 2008
Pfizer announced on Friday, October 17, 2008, that it had agreed in principal to pay $894 million to settle approximately 90% of the litigation involving its drugs Celebrex and Bextra.  The lawsuits brought against Pfizer “generally alleged that use of the drugs caused heart attacks and other problems, and that Pfizer failed to adequately warn [...

Killington Pass Holder Class Action Certified

Posted on October 22, 2008
As reported by the Rutland Herald, a federal judge in the District of Vermont recently certified a class action brought by pass holders against Killington Resort, a ski resort in the state. The lawsuit was filed last year by holders of so-called ?investor? passes...

Perini Corporation Investigation

Posted on October 22, 2008
The law firm of Finkelstein Thompson LLP has commenced an investigation of potential shareholder claims involving Perini Corporation (NYSE:PCR).  On January 17, 2008, Perini announced that a developer of one of its largest construction projects - the $3 billion Cosmopolitan Resort and Casino in Las Vegas, Nevada - was in default on a [...

Summary Judgment Denied in Arava Case

Posted on October 21, 2008
According to Courthouse News Service, a federal judge in the United States District Court for the Southern District of New York denied the summary judgment motion filed by defendants Aventis Pharmaceuticals, Inc. and Sanofi-Aventis U.S., LLC.  In that action, plaintiff Louisiana-Wholesale Drug Company charged defendants with attempting to prevent the approval of a generic version [...

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EU Fines Dole and Fresh Del Monte for Banana Price-Fixing

Posted on October 20, 2008
The Los Angeles Times reports that European Union (EU) regulators have fined Dole Food Co. and Fresh Del Monte Produce Inc. 60.3 million euros ($82 million) for allegedly fixing prices of imported bananas from 2000 to 2002. The EU?s decision comes after a three-year probe of banana imports in eight countries, including Austria, Denmark, [...

AGs Seek Halt to Toxic Chemicals In Baby Bottles

Posted on October 20, 2008
The Connecticut Attorney General, Richard Blumenthal, announced in a press release that he, along with the Attorneys General of New Jersey and Delaware, sent a letter to eleven companies asking them to stop using bisphenol A (BPA) in baby bottles and baby formula containers...

Case Filed Against Continental Airlines for Refusing to Refund Fuel Surcharges

Posted on October 15, 2008
According to Courthouse News Service, a class action complaint was recently filed against Continental Airlines, Inc. in the United States District Court for the Southern District of Texas on behalf of consumers who purchased tickets for airline travel from Continental Airlines, were charged so-called “fuel surcharges” and/or taxes as part of the airline ticket purchase, and were [...

Walmart DRM Music: Save it or Lose it

Posted on October 15, 2008
Purchasers of music from Walmart prior to February 2008 have been instructed by Walmart to back up their music or risk losing their music altogether.   Before February 2008, Walmart music purchasers bought music containing DRM (digital rights management) technology...

LabCorp Warned About Marketing Ovarian Cancer Test

Posted on October 14, 2008
According to Medical News Today, on September 29, 2008, the U.S. Food and Drug Administration (FDA) issued a warning letter to the global clinical network, LabCorp for illegally marketing the ovarian cancer test, OvaSure. In the warning letter, the FDA states LabCorp is in violation of the Food, Drug, and Cosmetic Act because the company does not have marketing [...

Eli Lilly Settles Zyprexa Lawsuit For Record Amount

Posted on October 13, 2008
According to The New York Times, drug manufacturer Eli Lilly agreed to settle pending lawsuits with 33 states regarding its drug Zyprexa for a record-setting $62 million.  Zyprexa is a “brain tranquilizer” which calms the hallucinations of those diagnosed with schizophrenia and bipolar mania...

Software Creators Sued For Scare Tactics

Posted on October 13, 2008
According to Detroit Free Press, the Washington State Attorney General is suing the creator/owner of Registry Cleaner XP for false claims used to trick people into purchasing the program. The State?s complaint alleges that the defendant sent pop-up messages resembling system warnings to consumers? personal computers...

Claims Against AT&T and Apple Survive

Posted on October 12, 2008
On October 1, 2008, a federal judge in the Northern District of California permitted a class action lawsuit to proceed against Apple and AT&T Mobility for violations of the U.S. antitrust laws. The Court held that AT&T’s and Apple’s five-year exclusive voice and data service provider agreement, restricting users? ability to use unapproved third-party iPhone applications, could [...

Candy Tainted With Melamine Found in U.S.

Posted on October 11, 2008
Effects of the recent incident of tainted milk that has plagued China have now reached the United States.  ?White Rabbit Creamy Candy,? a candy imported from China and found primarily in Asian markets, has been found to contain milk that is tainted with melamine...

Lehman Brothers Investigated By Federal Prosecutors

Posted on October 10, 2008
News reports indicate that three separate U.S. Attorneys offices are investigating Lehman Brothers Holdings, Inc. (”Lehman”), in connection with Lehman’s recent bankruptcy filing.  According to these reports, the prosecutors are focusing on whether Lehman’s public statements about the company’s financial condition were accurate and whether Lehman adequately disclosed the value of its assets prior to [...

Spore and Mass Effect Game Investigation

Posted on October 10, 2008
Finkelstein Thompson LLP is investigating claims that computer games Spore and Mass Effect may disrupt a computer?s operations by automatically installing an irremovable program to a computer?s hard drive. According to recently-filed complaints, customers who purchase and install Electronic Arts (EA) games Spore and Mass Effect on to their computers unknowingly install an anti-piracy program called [...

Mass High Court Allows Employee Class Action Against Wal-Mart to Proceed

Posted on September 29, 2008
The Boston Globe reports that the Massachusetts Supreme Judicial Court has reinstated a class action lawsuit brought against Wal-Mart on behalf of more than 67,500 Massachusetts workers. The lawsuit alleges that the workers were denied meal breaks and forced to work off the clock...

Spectranetics Corp. Investigation

Posted on September 29, 2008
A class action law suit has been filed against Spectranetics Corporation (NasdaqGM: SPNC) in the United States District Court for the District of Colorado, and Finkelstein Thompson LLP is investigating similar claims at this time. On September 4, 2008, Spectranetics issued a press release revealing for the first time that it had been served with a [...

Text Message Investigation

Posted on September 24, 2008
Finkelstein Thompson LLP is investigating allegations that cell phone companies providing text messaging services have been wrongfully overcharging their customers.  If you have paid for a text message, you may have been a victim of this practice. According to recent news reports and filed complaints, certain parties have alleged that Verizon Wireless, AT&T Inc...

Assurant?s Acquisition of GE Warranty Unit Cleared by Federal Antitrust Regulators

Posted on September 24, 2008
According to Forbes.com, antitrust regulators at the Federal Trade Commission cleared specialty insurer, Assurant Inc.’s acquisition of General Electric Co.’s warranty management business.  Assurant agreed to enter into a 10-year agreement to market extended warranties and service contracts on U...

Constellation Energy Group Buy-Out Lawsuit

Posted on September 23, 2008
On September 19, 2008, Finkelstein Thompson LLP filed a breach of fiduciary duty class action lawsuit against Constellation Energy Group, Inc. (”Constellation” or, ?the Company?) in connection with a proposed buy-out by MidAmerican Energy Holdings Co...

CompuCredit Credit Card Investigation

Posted on September 23, 2008
Finkelstein Thompson LLP is currently investigating potential misrepresentations by CompuCredit, Inc. in the advertising of its credit cards. CompuCredit markets the following credit cards through direct mail and the Internet: (1) Aspire, (2) Aspire A Mas; (3) FreedomCard, (4) Tribute; (5) Imagine; (6) Majestic; (7) Aspen; (8) Emerge; and (9) Fingerhut Credit Advantage...

Mars Petcare US Announces Pet Food Recall

Posted on September 19, 2008
Mars Petcare US recently announced the voluntary recall of pet food manufactured at its Everson, Pennsylvania facility, based on potential salmonella contamination. Salmonella can cause ?serious infections in dogs and cats? as well as people - particularly children, the elderly, and people with compromised immune systems...

Merrill Lynch Acquisition Investigation

Posted on September 19, 2008
The law firm of Finkelstein Thompson LLP is investigating potential shareholder claims arising from Bank of America?s acquisition of Merrill Lynch and Co. (?Merrill Lynch?). The acquisition was announced on Sunday, September 14, and amounts to an all-stock deal to buy Merrill for $29 a share...

NVIDIA Securities Investigation

Posted on September 17, 2008
The law firm of Finkelstein Thompson LLP is investigating claims that purchasers of NVIDIA Corporation (Nasdaq: NVDA) common stock lost more than $3 billion during the period between November 8, 2007 ? July 2, 2008 because the company allegedly concealed defects in its graphics chips in violation of federal securities laws...

NVIDIA Graphics Chip Defect Investigation

Posted on September 17, 2008
The law firm of Finkelstein Thompson LLP is investigating potential claims against NVIDIA and various computer manufacturers for carrying and selling allegedly defective NVIDIA graphics chips.  The problem reportedly affects an undisclosed number of laptop computers, stopping them from booting up, causing display screens to display multiple lines, random images and other reported problems...

AIG Settles Long-Standing Shareholder Suit

Posted on September 15, 2008
Four former executives of American International Group, Inc. (AIG) agreed on September 11, 2008 to settle a long-standing shareholder lawsuit for $115 million. The settlement will resolve a suit brought in 2002 by an AIG shareholder that alleged that certain executives and directors breached their fiduciary duties to the company by directing business worth hundreds [...

Cell Phone Companies Asked to Justify Texting Rates

Posted on September 11, 2008
As reported by Reuters, the chair of the U.S. Senate?s antitrust panel sent letters to the top four cell phone companies asking them to explain their doubling the price of text messages in three years.  The four companies contacted were Verizon Wireless, AT&T Inc...

Investigation of UAL Stock Plummet Based on Old News Report

Posted on September 11, 2008
On Monday, September 8, 2008, a nearly 6-year-old news story regarding UAL Corporation?s (UAUA.O) 2002 bankruptcy filing resurfaced on the Internet, causing UAL?s share price to plummet to an intra-day low of $3.00 from an opening price of $12.17. UAL Corporation is the parent company of United Airlines...

Equity Groups Allege KPMG Caused $50 Million Loss in Fake Tax Shelters

Posted on September 09, 2008
According to Courthouse News Services, equity groups Camden Equity Holdings, Alpine Equity Holdings, Vintage Capital Group, and Fred C. Sands and two Sands Trusts have filed a lawsuit against, among other defendants, the accounting firm KPMG alleging KPMG sold the equity groups fraudulent tax shelters when KPMG knew the Internal Revenue Service would probably deny [...

Citigroup To Pay $18 Million for ?Sweeping? Customers? Accounts

Posted on September 09, 2008
The AP reports that ? as settlement of a California Attorney General investigation ? Citigroup Inc. will pay nearly $18 million in refunds and civil penalties for the illegal sweeping of $14 million from customers? accounts between 1992 and 2003. During that time, Citigroup operated an automated ?account sweeping? program that would, without notice, remove positive [...

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