In The News

On Friday, February 5, 2018, Judge Madeline Cox Arleo issued an order upholding four of six counts in Noble v. Samsung Electronics America, Inc. This first-of-its-kind litigation challenges Samsung's battery life assertions for the Gear S smartwatch.  Judge Arleo’s decision [hyperlink] follows a long and unsuccessful appeal by Samsung which sought to force Plaintiff Noble to arbitrate his claims rather than pursue them on behalf of the class.  The litigation will now proceed with discovery and active litigation.  Should you have any questions about this matter, please contact William Anderson, Esq. at 202-789-3960 or wanderson@cuneolaw.com. 02/05/2018.

On January 23, 2018, the U.S. District Court in San Francisco denied, in principal part, a motion for summary judgment filed by the Department of Justice (DOJ) and Sikorsky Aircraft Corporation (Sikorsky) in the four-year-long Freedom of Information Act (FOIA) litigation concerning Sikorsky’s small business subcontracting plan.   The Court ruled that the case would go to trial as to whether information being withheld by DOJ and Sikorsky could continue to be withheld from public view on the basis that its release would reveal trade secrets. CGL’s client, the American Small Business League (ASBL) has been seeking an unredacted version of Sikorsky’s small business subcontracting plan since August 2013.   The Court held that disputed issues of fact require a trial, and that DOJ and Sikorsky were not entitled to a judgment based on the factual record presented to the Court. 01/23/2018.

On December 27, 2017, CGL and three other firms filed a massive derivative and taxpayer suit to protect the Kentucky Retirement System. The Plaintiffs in the case are participants in the plan; the Defendants include three large hedge fund sellers as well as advisors to the plan..

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On December 29, 2017, the final two appeals were dismissed and the Settlement became final.  Checks were mailed to all Tier 1 claimants by January 12, 2018.  Checks will be mailed to all Tier 2 claimants on or before March 9, 2018. 12/29/2017.

Pamela Gilbert comments on the record of President Trump's nominee to chair the Consumer Product Safety Commission in the New York Times. 12/07/2017.

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Washington, DC, October 18 – Stunning information revealed during depositions in a four year long Freedom of Information Act (FOIA) battle led the Department of Justice (DOJ) to largely abandon defending the Department of Defense (DOD) against a lawsuit seeking information about Sikorsky Aircraft Corporation’s (Sikorsky) small business subcontracts.  A key assertion by Sikorsky that releasing materials it filed with DOD would reveal trade secrets is unsupportable, DOJ apparently determined.  Accordingly, DOJ notified the Court and co-defendant Sikorsky on October 12 that DOD intends to release most of the requested information in two weeks.  The December 11 trial has been postponed. The American Small Business League (ASBL) initially sought Sikorsky’s small business subcontracting plan in an August 2013 Freedom of Information Act filing.  When DOD refused, Sonoma, CA based ASBL filed suit in the U.S. District Court in San Francisco in 2014.  In an early hearing, Judge William Alsup on November 6, 2014 said:  “The purpose of the Freedom of Information Act is so the public can see how our government works. Congress passed this law to make small businesses have access to some of these projects, and here is the United States covering it up.” “We whole-heartedly agreed with Judge Alsup then and now welcome the unraveling of that cover-up,” said Lloyd Chapman, ASBL’s president. “We believe the covered-up information will help expose the fact that the Pentagon and its largest prime contractors have used the Comprehensive Subcontract Plan Test Program to cheat small business out of hundreds of billions in subcontracts since the program began in 1989.” “Some of the information we seek had actually been posted on government web sites and issued in press releases by Sikorsky,” explained Jonathan W. Cuneo, partner of Washington, DC-based Cuneo Gilbert & LaDuca, LLP, representing ASBL.  “The defendants hid behind a spurious trade secrets claim for four years.  Ironically, this case involves information with no national security sensitivity about a single source, non-competitive Defense Department contract.” Among facts undermining Sikorsky’s trade secrets defense is an expert report by former FAA official David Downey who said information about Sikorsky’s subcontractors is “widely” available in the industry. 10/18/2017.

Washington, DC, September 26 – Cuneo Gilbert & LaDuca, LLP has been named by the American Small Business League (ASBL) as lead attorneys in its civil case against the Department of Defense (DOD) and its contractor Sikorsky Aircraft Corporation (Sikorsky).   ASBL alleges DOD and Sikorsky wrongfully withheld documents from the public on a sole source contract for helicopters. A trial is scheduled for December 11 in the U.S. District Court in San Francisco. “This rare Freedom of Information Act trial will test the government’s claim that the central facts underlying a sole source contract for which there are no competitors are proprietary,” said Jonathan W. Cuneo, partner of Washington, DC based Cuneo Gilbert & LaDuca, LLP.  “This is a simple conflict between secrecy and openness on the part of a Fortune 500 contractor who has received billions of dollars from taxpayers for 30 years.” The American Small Business League, a Sonoma, CA based small business advocacy group, filed the Freedom of Information Act (FOIA) request in 2013.  Following the refusal of DOD and Sikorsky, owned by Lockheed Martin Corporation, to fully disclose documents claimed to be proprietary, the lawsuit was filed in federal court in 2014.  Although the court ruled in ASBL’s favor, the Ninth Circuit Appeals Court reversed that decision and sent the suit back to the lower court for discovery and trial. “Citizens should not have to go through time consuming and costly litigation to obtain information not involving national security to which they are entitled,” Mr. Cuneo added. “We filed the FOIA lawsuit to force the Pentagon and its contractors to be more transparent on  how, and to whom, subcontracts are awarded under the controversial Comprehensive Subcontracting Plan Test Program (CSPTP) ostensibly designed to promote the awarding of subcontracts to small businesses,” explained Lloyd Chapman, ASBL’s founder and president.  “We believe the requested documents will show that required small business subcontracting may have occurred only on a sham basis, if small business subcontracting occurred at all.” The ASBL has calculated that the Pentagon may have unwittingly deprived small businesses of many hundreds of billions of dollars since the CSPTP began in 1989 as a temporary, test program.  Now in its 28th year, the “test” program reduces the specificity and transparency of large contractor reporting of asserted small business subcontracting.  This enables Pentagon prime contractors to cheat legitimate small businesses, ASBL says. “Under the Small Business Act, 23 percent of all federal contracts must be awarded to small businesses,” Mr. Chapman continued.  “Since the Pentagon is the largest federal contractor and small businesses make up 98 percent of America’s companies, the outcome of our case could have a meaningful, positive impact on the U.S. economy if it leads to real reform of the subcontracting process.” 09/26/2017.

Pamela Gilbert comments on the pace of regulatory activity in the Trump administration in Bloomberg Government. 08/24/2017.

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On July 26, 2017, Pamela Gilbert will be participating in a panel discussion hosted by the Center for American Progress about the devastating implications of President Trump's deregulatory agenda. Additional information on the event can be found in the embedded link. 07/24/2017.

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Cuneo Gilbert & LaDuca, LLP is pleased to announce that effective January 1, 2017, Charles J. LaDuca will be taking over as Firm Chairman. Mr. LaDuca’s 22 year career here at CGL, starting as a messenger in college, has given him the experience it will take to continue CGL’s long history of fighting and winning for our clients. 03/13/2017.

Cuneo Gilbert & LaDuca, LLP is proud to announce that on December 1, 2016, Charles J. LaDuca was awarded The “Top 100 Plaintiffs Lawyers in America”  award from the National Trial Lawyers Association. This award is a peer based award. Over Mr. LaDuca’s career here at CGL, some of the cases he has had a lead role in have helped to recover almost $2 billion dollars for our clients. 03/13/2017.

Pamela Gilbert is quoted in two articles on House passage of legislation that would make it virtually impossible to bring class action lawsuits against corporate wrongdoers. 03/10/2017.

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Pamela Gilbert is quoted about President Trump’s positions on civil justice legislation pending in Congress in the third and final BNA article on legislation to weaken the civil justice system. 03/03/2017.

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Pamela Gilbert is quoted in the second of three articles by BNA on civil justice legislation pending before Congress. 03/01/2017.

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Pamela Gilbert is quoted in a BNA article discussing President Trump’s position on access to the civil justice system, stating that the working class voters who voted for the President would not be “in favor of rigging the legal system further in favor of corporations.” 02/28/2017.

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On October 28, 2016, Judge Otis Wright, II, of the United States District Court for the Central District of California granted preliminary approval to a $26.25 million nationwide settlement of claims relating to WEN Haircare Products. The settlement provides for payments of up to $20,000 per claimant. For more information, or to file a claim, please visit www.wenclasssettlement.com, or call William Anderson or Charles LaDuca at 202-789-3960. 11/4/2016.

Legal Superstar Pamela Gilbert Named to Advisory Council of the American Museum of Tort Law 10/20/2016.

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Pamela Gilbert to Speak at Conference on Private Antitrust Enforcement. The American Antitrust Institute is hosting its annual Private Antitrust Enforcement Conference at the National Press Club in Washington, D.C. on Wednesday, November 9. Cuneo Gilbert & LaDuca Partner Pamela Gilbert will speak on the panel “Junior Lawyers Breakfast: Future of Private Antitrust Enforcement.” The panel is tailored to the interests of junior lawyers. Gilbert, an expert on our political system in practice, will discuss the implications of the election results for private antitrust enforcement. A general discussion of topics likely to be of interest to junior antitrust attorneys will follow. Co-panelists include Andrew C. Curly of Berger & Montague, P.C. and Michelle J. Looby, of Gustafson Gluek PLLC . The panel is moderated by Joshua P. Davis of the University of San Francisco School of Law. For more information and to register, please visit antitrustinstitute.org/2016PEconference. CLE credits are available.   10/17/2016.

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Pamela Gilbert comments on the Samsung Galaxy Note 7 recall. 10/11/2016.

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Pamela Gilbert is quoted in the Wall Street Journal calling the Samsung Galaxy Note 7 recall “completely unusual” because it did not involve the CPSC from the very beginning. 09/16/2016.

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Pamela Gilbert was quoted in the Philadelphia Inquirer about IKEA’s failure to turn over documents in a product liability case involving a child who was killed by an IKEA dresser that tipped over. 08/30/2016.

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Jonathan W. Cuneo received the American Antitrust Institute’s Alfred E. Kahn Award for Antitrust Achievement at the AAI’s Annual Conference. The AAI lauded Mr. Cuneo's efforts to defend the antitrust laws even when there existed immense external pressure to weaken them in the 1980s, stating, “Mr. Cuneo was the only person outside of the government to be a spokesperson, clearinghouse, and advocate for strong antitrust enforcement.” 6/16/2016.

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United States District Judge Madeline Cox Arleo denied Defendant Samsung Electronics America, Inc.'s motion to compel arbitration, dismiss the class claims, and stay the proceeding in Noble v. Samsung Electronics America, Inc. in the District of New Jersey. 3/21/2016.

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Subaru of America, Inc. recalls 82,661 Tribecas for the dangerous hood defect that is the subject of CGL's class action lawsuit. 2/10/2016.

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WEN lawsuit was featured on the Today Show. If you have been affected by this product, please click the blue link that follows to access the intake form. 10/16/2015.

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CGL has filed a case against Subaru of America, Inc., alleging that the 2006 Subaru B9 Tribeca has a dangerous defect which causes the hood to fly open. 10/2/2015.

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"Rebuttal: A Response to the 'Tale' on Class Action," by Jonathan W. Cuneo, Taylor Asen, and Ben Elga, was recently published in the September 2015 issue of LJN’s Product Liability Law & Strategy. 10/2/2015.

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Pamela Gilbert was quoted in a story about the inadequacy of a recent announcement by IKEA to offer repairs, instead of a recall, for furniture that has tipped over, killing at least two toddlers. 8/3/2015.

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The May 2, 2015 Fight Night to benefit YCS was a great success. Click here to see pictures and a short story on the event. 5/14/2015.

On Saturday, May 2, 2015, CGL founding partner Jonathan Cuneo will step into the ring against former No. 1 Heavyweight Contender Gerry Cooney, one of the hardest punchers in the history of the game. They are scheduled to fight three rounds at the W Hotel in Hoboken, New Jersey to benefit Youth Consultation Services, an historic charity that works throughout New Jersey with at risk children. For the past sixteen years, Cooney and Cuneo have sparred thousands of rounds. They hope to raise a substantial amount for YCS.   4/30/2015.

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Pamela Gilbert, former executive director of the U.S. Consumer Product Safety Commission, testified on March 19th before the Regulatory Affairs and Federal Management Subcommittee of the Senate Committee on Homeland Security and Governmental Affairs.  The hearing was held to examine federal rulemaking challenges and areas of improvement within the existing regulatory process.  Gilbert used her experiences at the CPSC to illustrate to the committee that the current regulatory system is already burdened with insufficient resources and bureaucratic requirements that add unnecessary cost and inefficiencies.   These burdens bog down the regulatory process so that rules that can save lives and prevent injuries are delayed, sometimes indefinitely. 3/19/2015.

Cuneo Gilbert and LaDuca, LLP filed a class action on behalf of former wrestlers Adam Mercer and Vito LoGrasso against the WWE for head trauma sustained during WWE events, seeking compensation and medical monitoring. 1/2015.

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Cuneo Gilbert and LaDuca, LLP filed a class action on behalf of former wrestlers against the WWE for head trauma sustained during wrestling "exhibitions." (10/2014).

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Pamela Gilbert was quoted in a Washington Monthly article on how forced arbitration is undermining civil rights, employment laws, consumer protections and the right to a fair marketplace. (06/2014).

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Pamela Gilbert was quoted in a New York Times story on advance fee frauds, which are perpetrated by firms promising to find investors for people who are trying to start businesses. (05/02/14).

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Cuneo Gilbert and LaDuca, LLP will serve as Interim Co-lead Counsel along with two other firms on behalf of car dealerships in 29 states and the District of Columbia in a class action against vehicle shippers Nippon Yusen Kabushiki Kaisha, Kawasaki Kisen Kaisha Ltd, Eukor Car Carriers Inc, Wallenius Wilhelmsen Logistics AS, and others. The lawsuit alleges price-fixing and bid-rigging for the transoceanic shipment of vehicles. (03/04/14).

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Cuneo Gilbert & LaDuca, LLP filed a federal antitrust lawsuit on behalf of SawStop, LLC, against leading power tool manufacturers. (02/28/14).

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Pamela Gilbert is quoted in the Washington Post commenting on the Consumer Product Safety Commission’s lawsuit against the owner of Buckyballs, a toy for adults that was recalled because it causes serious injuries when accidentally ingested by children. (01/06/14).

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Pamela Gilbert is quoted in a Consumer Reports article about the importance of getting product safety information out to consumers in a timely manner. (10/30/13).

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The law firms of Cuneo Gilbert & LaDuca, LLP and Cotchett, Pitre & McCarthy, LLP, along with two other firms, were appointed interim co-lead counsel yesterday in the consolidated litigation against HSBC Bank USA, N.A. in the United States District Court of the Eastern District of New York, In Re: HSBC Bank USA, N.A. Debit Card Overdraft Fee Litigation, Case No. 2:13-md-02451-ADS-AKT. (07/23/13).

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United States District Judge Marianne Battani upheld state law price-fixing and bid-rigging damage claims against Japanese manufacturers of wire harnesses for new cars manufactured from 2000-2011. (06/03/13).

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Cuneo Gilbert & LaDuca is profiled in Forbes Magazine (05/07/13).

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Charles J. LaDuca was selected for inclusion in the 2013 and 2014 editions of Washington, D.C. Super Lawyers as one of the "Top Attorneys In Washington, D.C." The list was published in the April, 2013 edition of the Washington Post Magazine (April, 2013).

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Pamela Gilbert, chief negotiator for consumer groups on behalf of rental car safety legislation, is quoted in a May 4, 2012 article in the St. Louis Post-Dispatch criticizing rental car giant Enterprise for its weak stance on rental car safety (05/04/12).

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Pamela Gilbert, chief negotiator for consumer groups on behalf of rental car safety legislation, is quoted in a May 4, 2012 article in the St. Louis Post-Dispatch criticizing rental car giant Enterprise for its weak stance on rental car safety. (05/04/12).

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Jonathan Cuneo will serve as Interim Co-lead Counsel on behalf of car dealerships in 31 states and territories in a class action against auto parts makers Furukawa Electric Co. Ltd., Yazaki Corporation, Delphi Automotive Systems, LLC and others. The lawsuit alleges price-fixing and bid-rigging for wire harnesses and related products (03/28/12).

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Pamela Gilbert is quoted in a 2/27/12 Roll Call article about efforts to secure widespread public and industry support for rental car safety legislation. (2/27/2012).

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Pamela Gilbert appears in the St. Louis Post-Dispatch discussing her recent agreement with Enterprise on federal rental car safety legislation (02/24/2012).

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Jonathan Cuneo's book "The International Handbook on Private Enforcement of Competition Law," is reviewed in the Journal European Competition Law Review

"This book is a great achievement, and its contribution to the field cannot be negated. Practitioners, academics and students with a specific interest in this topic alike will easily zero-in on the jurisdiction of interest and extract not only theoretical, academic information on antitrust law and enforcement, which this book does not shy from, but also and mostly practical information on antitrust litigation practice in individual jurisdictions. This alone sets this contribution apart from the numerous books on competition law enforcement and private enforcement available these days which, with all their specific qualities, rarely offer such a practical insight in antitrust enforcement, especially on such a large scale." -Jocelyn G. Delatre, LLM PhD Candidate, School of Law, University College Dublin

read part of the review

(January, 2012).

Charles LaDuca is proud to announce the Kitec defective brass fitting litigation settled for $125 million dollars. Final Approval was granted on November 17, 2011 (11/21/2011).

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