Week Adjourned: 4.27.12 – Bumble Bee Tuna, Vita Coco, Citizens Bank
April 27th, 2012. By LucyC
Top Class Actions
Bumble Bee Got Stung This Week—with a consumer fraud class action. Yes, it’s true, I’m afraid. The worker bee of tinned seafood (I have never understood what a bumble bee is doing on a tin of tuna) is facing allegations that it repeatedly violated California and federal laws that require companies to use truthful, accurate information on their packaged food labels. (Shame, shame.)
At specific issue in the Bumble Bee lawsuit are the health claims made by Bumble Bee Foods pertaining to its tinned seafood products.
The alleged violations include failing to disclose that Omega-3 has no established Daily Value under FDA regulations, and a failure to properly disclose the high levels of fat, saturated fat and cholesterol in Bumble Bee food products on the packaging and labeling.
The Bumble Bee class action lawsuit states “To appeal to consumer preferences, Bumble Bee has repeatedly made unlawful nutrient claims on products containing disqualifying levels of fat, sodium and cholesterol. These nutrient content claims were unlawful because they failed to include disclosure statements required by law that are designed to inform consumers of the inherently unhealthy nature of those products. ”
The lawsuit states, by way of example, “Tuna Salad Original with Crackers Kit” has 18g of fat per labeled serving, but does not bear a statement that fat exceeding the specified level is present.
The Bumble Bee Foods lawsuit is a nationwide class seeking to represent consumers who purchased Bumble Bee products labeled “Rich in Natural Omega-3” or “Excellent Source Omega-3” within the last 4 years. The California-based law firm of Pratt & Associates is representing the plaintiffs in this class action.
Top Settlements
Something a Little Loco ‘Bout Vita Coco…While we’re on the subject of consumer fraud—a preliminary settlement has been reached in the consumer fraud class action lawsuit against All Market Inc. d/b/a Vita Coco. You must remember this—(a kiss is just a—no—wrong song sheet)—it’s the miracle vitamin water. After all, it does everything including taking the garbage out.
If you purchased Vita Coco Products between August 10, 2007 and the present you may be entitled to a payment from a class action settlement.
Under the terms of the settlement, Vita Coco agreed to set aside $1 million (the “Cash Settlement Fund”), which will provide for payments to Settlement Class Members who timely file claims of up to a maximum of $25.00 with Proof of Purchase (as defined in the Stipulation) and $6.00 without Proof of Purchase. Vita Coco has agreed to provide $1 million current retail value in product vouchers, which can be redeemed by Settlement Class Members who timely file claims in lieu of cash up to a maximum of $36.00 with Proof of Purchase or $8.00 without Proof of Purchase.
There are other conditions the company has agreed to as part of the Vita Coco settlement, which you can find here along with your options as a class member- e.g., do you want to remain in the settlement class, or would you like to be excluded…where do you obtain forms, those kinds of things.
This settlement is only preliminary. The Court will hold a hearing on August 22, 2012 to consider whether to grant final approval of the settlement and whether to grant Class Counsel’s (as defined in the Stipulation) request for attorneys’ fees, reimbursement of expenses and incentive awards for class representatives.
Good Citizens They Weren’t but…It’s Payback Time! Citizens Bank has agreed to pay $137.5 million (Cha Ching!) to settle a class action lawsuit which accused the bank of manipulating its customers’ debit card and ATM transactions in order to generate excess overdraft fee revenues for the bank.
The lawsuit is part of multidistrict litigation involving more than 30 different banks entitled In re Checking Account Overdraft Litigation, case number 09-cv-02036, is pending before U.S. District Judge James Lawrence King in Miami. Citizens Bank is part of Citizens Financial Group which, through RBS Citizens, N.A. and Citizens Bank of Pennsylvania, operates more than 1,500 retail banking branches throughout the Northeast, the Mid-Atlantic and the Mid-West.
The Citizens Bank lawsuit claims that the bank employed software programs designed to extract the greatest possible number of overdraft fees from its customers. According to the lawsuit, Citizens Bank re-sequenced its customers’ debit card and ATM transactions by posting them in highest-to-lowest dollar amount, rather than in the actual order in which the transactions were initiated by the customers and authorized by the bank. According to the lawsuit, this internal bookkeeping practice resulted in Citizens’ customers being charged substantially more in overdraft fees than if their debit card and ATM transactions had been posted in the order in which they were authorized by the bank.
I wonder if that settlement amount includes interest?
And on that note—happy weekend. Where’s the gin got to…
Asbestos News Roundup: 4.26.12 – Second-Hand Asbestos, Take-Home Asbestos
April 26th, 2012. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Second Hand or “Take Home” Asbestos
Recently, the medical profession has begun to recognize that people can be affected by asbestos-caused diseases through secondary or passive exposure.
Also known as second hand asbestos exposure or “take home” asbestos exposure, passive exposure refers to exposure to asbestos fibers that become embedded on peoples clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.
For example, cases of second-hand asbestos exposure were recently been reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.
And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.
Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.
Asbestos Lawsuits
A total of 18 new asbestos lawsuits were filed in St. Louis Circuit Court recently. We’ve highlighted several here.
Madison County, IL: The family of the recently deceased Gladys W. Williams, has filed an asbestos lawsuit alleging their spouse and parent developed lung cancer as a result of her work as a laundry technician at the Jacksonville Naval Airbase in Jacksonville, Florida, from 1966 until 1978. She was also secondarily exposed to asbestos fibers through her husband, Willie Williams Sr., who served in the U.S. Navy from 1937 until the late 1960s.
Robert D. and Rosalina Cousineau allege Robert Cousineau developed lung cancer after his work as a carpenter, drywaller and construction worker at various locations from 1963 until 2005.
Gregory C. Hope alleges he developed mesothelioma after he was exposed to asbestos fibers throughout his career as an electrician and performing home and automotive maintenance from 1961 until 1979.
Martin L. Tune alleges he developed lung cancer after his work as a machinist and as an auto mechanic and home repairman from 1963 until 1979. Tune will be represented by Andrew A. O’Brien, Christopher J. Thoron, Bartholomew J. Baumstark and Gerald J. FitzGerald of O’Brien Law Firm in St. Louis.
Nolan and Essie Madere allege Nolan Madere developed lung cancer after his work as an airborne paratrooper from 1947 until 1952, as a laborer at Shell Oil Company from 1954 until 1965 and as a maintenance mechanic at Kaiser Aluminum from 1965 until 1992. (madisonrecord.com)
Charleston, WV: A Charleston woman is suing 24 companies she claims are responsible for her husband’s mesothelioma and death. Theodore Hudson was diagnosed with asbestos mesothelioma with metastases in August 2008, from which he died on June 14, 2010, according to the lawsuit. Sharon Hudson claims the 24 defendants are responsible because they exposed her husband to asbestos during his career as a Sight Glass Technician at Cyclops Industries from 1972 until 2009. Mrs. Hudson claims the defendants failed to provide him with safety apparel to wear while working around asbestos. (wvrecord.com)
The defendants are being sued based upon theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.
Asbestos Hot Spots
Bloomfield, MO: The small post office in the southeast Missouri town of Bloomfield is closed after asbestos was found in the building.
The Dexter Daily Statesman reports that patrons are being urged to go to the Dexter post office.
U.S. Postal Service spokesman Richard Watkins says a contractor has been hired to remove the asbestos, and the building shouldn’t be closed for long, though he did not offer a guess on when the building would reopen. (stltoday.com)
Actos Heart Attack Victims Back in the Ring for Round #2?
April 26th, 2012. By AbiK
Not long ago the diabetes drug Avandia had all the media focus. Patients who were on the drug were hit with a barrage of information—sometimes confusing, sometimes scary—about Avandia’s link to heart attack. And thus began the mad dash to switch over to Actos. After all, while there were also some studies linking Actos to heart attack (along with the infamous TIDE trial), they were reported to be ”inconclusive”. Not concrete enough to stop a flurry of prescriptions.
And the black box warning that Actos received (along with Avandia) back in 2007 was only regarding heart failure risk in the form of congestive heart failure—not heart attack or myocardial infarction.
But some Actos patients had already suffered heart attack. And many had submitted complaints in hopes of an Actos lawsuit v. Takeda, the drug’s manufacturer. But their complaints, for all intents and purposes, seemed to fall on deaf ears—at least where lawyers were concerned.
How could it be? As lawsuits about Actos bladder cancer were sprouting up, Actos heart attack complaints fell by the wayside. And yet, given they share a drug class, thiazolidinediones, there seemed to be such similarity between Avandia and Actos—why, it would be almost intuitive that they could perhaps have similar side effect or adverse event profiles, right? And what about some of those studies—was there anything to them?
Then, something unforeseen happened in the form of former Takeda consultant, Dr. Helen Ge—the Actos whistleblower.
And suddenly, everything—sadly—made sense for those Actos patients who had tried to file Actos heart attack complaints. Only now, was it too late? They had already tried to contact lawyers who had rejected them or not taken up their cause simply because there wasn’t much the lawyers could do with them.
Now, however, there might be.
The Actos whistleblower lawsuit (U.S. ex rel. Helen Ge v. Takeda Pharmaceutical Co., 10-cv-11043, U.S. District Court, District of Massachusetts (Boston)) has shone light on Dr. Ge’s assertion that Takeda knew about instances of Actos heart attack but downplayed them—for the sake of increasing their profits.
Dr. Ge claims she was let go from Takeda after she raised concerns over the company’s handling of the Actos safety data—and that officials at Takeda tried to direct medical reviewers, including Dr. Ge, to “change their professional opinion” regarding the potential dangers of Actos heart problems—specifically Actos myocardial infarction.
The whistleblower lawsuit is, in effect, a game-changer for Actos litigation. And former Actos victims might find that where there once was no direct path to an Actos lawsuit, there now might be.
Welcome to Round #2.
Monday Minute 4.23: Legal News, Lawsuits & Settlements You Might’ve Missed
April 23rd, 2012. By AbiK
Lots going on in legal news that you might’ve missed this past week–starting with our latest Lawyers Giving Back profile of Attorney Ed Susolik who took on a big insurance company on behalf of an 80-year old man—all because Susolik read about the situation in the newspaper! And he took on the man’s case pro bono. Nice to know there are some guardian angels out there willing to help folks when they least expect it.
We also covered Purina Waggin’ Train Yam Good dog treats, Hurricane Katrina FEMA trailers and an Allstate car insurance settlement in our Week Adjourned update on the latest class action lawsuits and settlements—followed by Asbestos News Roundup (with the focus on asbestos drilling mud and oil rig workers).
Finally, last week some of our team made a pilgrimage to Philadelphia–birthplace of our nation’s Constitution and, of course, the Declaration of Independence, for the 225th anniversary of the US Constitution. Lots to see—you can check out some pics on our Facebook page, too—and in the midst of it all, the spring return of Occupy Philly.
Attorney Ed Susolik Takes on 80-year-old’s Insurance Fight, Pro Bono
April 22nd, 2012. By BrendaC
If you want a fight, attorney Ed Susolik is the kind of guy who will give you one. Not long ago, Susolik was so outraged when he read a newspaper story about an 80-year-old man who was getting the runaround from a big insurance company, that he offered his assistance, pro bono. “I just wanted to help. I just thought it was such a gross miscarriage of justice,” Susolik says.
One of Southern California’s top insurance lawyers and a partner at the big name firm of Callahan & Blaine, Susolik has handled more than 1,000 bad-faith lawsuits. Although he’s known for insurance claims, Susolik’s real specialty is winning cases. 
Ken Carrier had been battling with a security company for well over three months and he’d been getting absolutely no where. One phone call and a letter from a lawyer like Susolik and it was all over. The security company agreed to pick the expenses.
Last December, Carrier was out on an errand in Lake Forest, Orange County. He pulled his SUV into a parking lot near an AT&T store that had just been robbed seconds before. Suddenly, a pistol waving security guard, who claimed to be a police officer, was at the passenger door and ordering Carrier and his daughter out the vehicle. The security guard took off in Carrier’s vehicle, in hot pursuit of the AT&T robbery suspect. Shortly after, the security guard crashed the SUV into a pickup truck.
Through absolutely no fault of his own, Ken Carrier, retired and living on a fixed income, was suddenly out thousands of dollars. His insurance would pay the first $9,000—but not the rest which totaled another $15,000 for storing his vehicle; car rental until he could fix his SUV; doctor bills for headaches and dizzy spells; and the sheer stress of having a gun put to his face—and so on. The security company that commandeered his vehicle was refusing to take any responsibility.
“That, essentially, is what they told Mr. Carrier. They said we have a lawyer and we are big company and you are an 80-year-old man and we aren’t paying,” says Susolik.
“They took Mr. Carrier’s SUV and they crashed it,” he adds. “Why don’t you make the man whole? What is the problem?”
“Once you get into a certain age category, companies and people can take advantage of you,” says Susolik. “And I really felt that Mr. Carrier was being taken advantage of.”
“I said, “Look,” recalls Susolik “all the resources of our firm are going to come down on your head because this is financial elder abuse.”
This is not the first pro bono case Susolik has handled. “There are various reasons that people need pro bono assistance. Sometimes it is financial. Sometimes you lose your job or otherwise. Sometimes people just don’t have the background to handle legal issues,” he adds. “We are seeing more and more people who are elderly who are victims of financial abuse. Obviously on the real negative side you see the scams and everything. But with something like this—this should have been a very simple issue.”
Susolik just got a letter from Ken Carrier thanking him for his efforts. “It says, ‘I just got my first night’s sleep in months. Thanks’,” says Susolik. “And it has three exclamation marks!,” he adds, with a a smile in his voice.
Attorney Ed Susolik is a partner with Callahan & Blaine and is in charge of the firm’s insurance department. Attorney Susolik is an adjunct professor at USC Law School where he teaches Insurance Law. He is also a contributing editor to the leading insurance book in California, the “Rutter Guide treatise on Insurance Litigation”. Attorney Susolik was chair of the Orange County Bar Association Insurance Law Section for over 10 years. He was born in Czechoslovakia and earned his law degree at the University of Southern California. Susolik has recovered more than $1 billion for clients over the last two decades.
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