ANTITRUST
FUSION ELITE ALL STARS V. VARSITY BRANDS
Fusion Elite All Stars et al. v. Varsity Brands, LLC et al., Case No. 2:20-cv-02600-SHL-cgc (W.D. Tenn.)
Victoria Sims, and CGL have been appointed Co-Lead Counsel in an antitrust case in the Western District of Tennessee, brought on behalf of All Star Cheer gyms, parents and other direct purchasers against Varsity Brands, Varsity Spirit, LLC and Varsity Spirit and Fashion Supplies, LLC. The plaintiffs are suing Varsity for monopolizing the All Star Cheer Competition and All Star Apparel markets, in violation of Section 2 of the Sherman Act, and colluding with co-Defendant U.S. All Star Federation, Inc. (“USASF”), the governing body of All Star Cheer, to effectuate the monopolistic scheme.
CGL represents gyms and parents all over the country who paid inflated entry fees for All Star Cheer competitions and inflated prices for All Star Apparel, including competition uniforms. The Varsity Defendants’ ruthless acquisition scheme, coercive exclusive dealing provisions, and regulatory capture of USASF have resulted in gyms’ and parents’ paying supracompetitive prices for these products. As documented in many sources, including USA Today, the All Star Cheer community has long suffered Varsity’s relentless attacks on its competitors and its coercion of gyms into exclusive- or nearly-exclusive contracts. Many gyms have been forced to purchase uniforms only from Varsity and attend only Varsity competitions. This has led to a significant reduction in quality and increase in prices in this youth sport, whose expenses have become too high for many gyms and parents to bear. This lawsuit seeks justice for gyms and parents who wish to see the sport move in a new direction and to see competition return to the All Star universe, making the sport safe and affordable for its youth participants once more.
On August 26, 2021, the Hon. Sheryl H. Lipman denied in full the Varsity Defendants’ and USASF’s Motions to Dismiss Plaintiffs’ Complaint, stating that “the Court finds that they have stated claims for both monopolization and conspiracy to monopolize under the Sherman Act.” Case 2:20-cv-02600-SHL-cgc, Doc. No. 141.
For more information, please contact vicky@cuneolaw.com
Hard Disk Drive Suspension Assemblies Antitrust Litigation
In re: Hard Disk Drive Suspension Assemblies Antitrust Litigation, MDL No. 2918 (U.S. District Court for the Northern District of California)
Victoria Sims and CGL have been appointed Interim Co-Lead counsel in the Hard Disk Drive Suspension Assemblies Antitrust Litigation. Judge Chesney, in the Northern District of California appointed Ms. Sims and CGL as Interim Co-Lead counsel for the Reseller Plaintiffs, who seek to represent all indirect purchasers in the United States who purchased Hard Disk Drive Suspension Assemblies for resale. Hard Disk Drive Suspension Assemblies are essential components of hard drives that hold the recording heads in close proximity to the disks and provide the electrical connection from the recording heads to the hard disk drives’ circuitry. The Defendants in the litigation, which include TDK Corporation, NHK Spring and Hutchinson Technologies, engaged in a more-than-decade-long conspiracy to fix prices, rig bids and allocate marketshare for the worldwide market of Hard Disk Drive Suspension Assemblies, affecting billions of dollars in commerce of computers, laptops, gaming systems, copiers and other products. As Assistant Attorney General of the Department of Justice Antitrust Division Makan Delrahim described, HDD Suspension Assemblies are “critical to the operation and performance of electronic devices, and their impact on American consumers and business is direct and substantial.”
Generic Drugs Price-Fixing
In re: Generic Pharmaceuticals Pricing Antitrust Litigation, MDL No. 2724 (U.S. District Court for the Eastern District of Pennsylvania)
CGL is court-appointed Lead Counsel in this case against what “might be the biggest price-fixing scheme in U.S. history,” according to 60 Minutes / CBS News. On behalf of a class of independent pharmacies and hospitals, CGL has filed cases against more than two dozen pharmaceutical companies that participated in an illegal system of market-splitting and coordinated price increases. This corporate collusion affected the prices of more than 200 generic drugs including Levothyroxine, Metoprolol, and Pravastatin. Independent pharmacies and hospitals lost millions of dollars as they were forced to pay illegally inflated prices to secure drugs for their patients and then dispensed those drugs at a loss.
CGL began this case in 2017 and continues to gather evidence to prove the full scope of the overarching anticompetitive agreement. In court, CGL has repeatedly defeated the drug companies’ attempts to conceal evidence and to dismiss the case. In 2019, CGL’s independent investigation showed that several major drug distributors were members of the price-fixing ring.
In this case, as in others, CGL coordinates with state Attorney General offices and with the Antitrust Division of the U.S. Department of Justice, which is pursuing parallel criminal cases against the drugmakers and their executives.
For additional information, please contact Peter Gil-Montllor at (202) 789-3960 or by email at pgil-montllor@cuneolaw.com
Titanium Dioxide Indirect Purchaser Litigation
Jan Harrison, et al. v. E. I. Du Pont De Nemours and Company, et al., Case No. 5:13-cv-01180-BLF (U.S. District Court for the Northern District of California).
The $3.5 million settlement of this lawsuit was finally approved by Judge Beth Labson Freeman on October 22, 2018. It alleged that United States producers of titanium dioxide conspired to raise the price of this important ingredient, which is used in paints, other coated plastics, paper, and countless other consumer and industrial products. Defendants and their co-conspirators control 100 percent of the United States’ Titanium Dioxide capacity. CGL maintained this case on behalf of indirect purchasers of architectural paint (house paint) in the United States.
For additional information, please contact Jonathan Cuneo at (202) 789-3960 or by email at jonc@cuneolaw.com
NCAA
In re: NCAA Student-Athlete Name & Likeness Licensing Litigation, Civil Action No. 4:09-cv-01967 (U.S. District Court for the Northern District of California).
Our firm is involved in a class action involving thousands of former Division 1 men’s basketball and football players who allege the NCAA violated federal antitrust law, by unlawfully preventing former players from receiving any compensation related to the use of their images and likeness.
On August 8, 2014, the United States District Court entered judgment on behalf of plaintiff. The case is now on appeal.
For additional information, please contact Daniel Cohen at (202) 789-3960 or by email at danielc@cuneolaw.com.
AUTO PARTS PRICE-FIXING ANTITRUST LITIGATION
In re: Automotive Parts Antitrust Litigation, Case No. 12-md-02311 (E.D. Mich.).
The U.S. Department of Justice’s Antitrust Division, in the largest international antitrust investigation in its history, has charged 48 companies and 65 executives, and collected more than $2.9 billion in fines stemming from its investigation into price fixing, bid rigging, and other anticompetitive conduct in the automotive parts manufacturing industry. Civil cases have also been filed on behalf of direct purchasers of such parts, and on behalf of indirect purchasers of such parts, including auto dealers, truck dealers, and consumers who purchased cars or replacement parts. The civil damages claims were grouped into separate cases, depending on the car parts involved, and transferred to the U.S. District Court for the Eastern District of Michigan, located in Detroit, Michigan.
There, presiding Judge Marianne O. Battani appointed CGL’s Jonathan Cuneo, along with prominent lawyers from Mississippi and Minnesota, as co-lead counsel for auto dealers in 29 states and D.C. who seek compensation from auto parts manufacturers for their unlawful bid-rigging and price-fixing of various auto parts. Counsel for auto dealers have filed more than 40 damages cases covering different auto parts. All defendants identified in the filed auto dealer cases have agreed to settle the claims against them. The court has granted approval for settlements between manufacturers and auto dealers totaling more than $400 million, and funds from three rounds of settlements have been distributed.
Since June 2020, Judge Sean F. Cox has overseen the auto dealer cases. Funds from the fourth round of settlements are scheduled to be distributed at the end of August 2022. Counsel for auto dealers will also be seeking approval to distribute funds for a small fifth round of settlements.
Specific information about the auto dealer settlements can be found at: http://www.autodealersettlement.com/.
For additional information, please contact Danny Cohen, Jennifer Kelly, or Victoria Sims at (202)789-3960, or by email at danielc@cuneolaw.com, jkelly@cuneolaw.com, or vicky@cuneolaw.com.
PROTEIN ANTITRUST
Beef Antitrust Litigation
In re Cattle and Beef Antitrust Litigation, Case No. 20-cv-01414 (U.S. District Court for the District of Minnesota)
Mr. Finley and CGL have been appointed interim co-lead counsel on behalf of a putative class of commercial and institutional indirect purchasers in a lawsuit alleging the existence of a price- fixing conspiracy the markets for cattle and beef products.
For additional information, please contact Blaine Finley at (202) 789-3960 or by email at bfinley@cuneolaw.com.
Turkey Antitrust Litigation
In re Turkey Antitrust Litigation, Case No. 20-02295 (U.S. District Court for the Northern District of Illinois)
Mr. Finley and CGL have been appointed co-settlement counsel to represent a putative class of commercial and institutional indirect purchasers in a lawsuit alleging the existence of an information sharing antitrust conspiracy to artificially inflate prices for turkey.
For additional information, please contact Blaine Finley at (202) 789-3960 or by email at bfinley@cuneolaw.com.
Farm-Raised Salmon Antitrust Litigation
In re Farm-Raised Salmon and Salmon Products Litigation, Case Nos. 20-21463, 20-21509 (U.S. District Court for the Southern District of Florida)
CGL assisted in representing a putative class of indirect purchasers in a lawsuit alleging the existence of a price-fixing conspiracy in the market for farm-raised salmon.
For additional information, please contact Blaine Finley at (202) 789-3960 or by email at bfinley@cuneolaw.com.
Pork Antitrust Litigation
In re: Pork Antitrust Litigation, Case No. 18-01776 (U.S. District Court for the District of Minnesota)
Mr. Finley and CGL serve as putative co-lead counsel on behalf of commercial and institutional indirect purchasers, as per the group’s pending motion for class certification in a lawsuit alleging the existence of a price-fixing conspiracy to artificially inflate prices for pork products.
For additional information, please contact Blaine Finley at (202) 789-3960 or by email at bfinley@cuneolaw.com.
Packaged Seafood Products Antitrust Litigation
In re Packaged Seafood Products Antitrust Litigation, MDL 2670 (U.S. District Court for the Southern District of California)
CGL has been appointed lead counsel on behalf of a class of commercial food preparers in a lawsuit alleging the existence of a price-fixing conspiracy to artificially inflate prices for packaged tuna products.
Together, Jonathan Cuneo, Joel Davidow, and Blaine Finley organized and conducted extensive briefing, oral argument, and appellate advocacy that resulted in a first-of-its-kind order granting contested class certification of a commercial indirect purchaser class in an antitrust action. This order was recently affirmed en banc by the Ninth Circuit Court of Appeals.
For additional information, please contact Blaine Finley at (202) 789-3960 or by email at bfinley@cuneolaw.com.
DEFECTIVE BUILDING PRODUCTS
CPVC Plumbing Systems
Jones, et al. v. Charlotte Pipe and Foundry Company and Lubrizol Advanced Materials, Inc., No. 20-cv-00511 (U.S. District Court for the Northern District of Ohio).
CGL brought a case against Charlotte Pipe and Foundry Company and Lubrizol Advanced Materials, Inc. alleging that chlorinated polyvinyl chloride (“CPVC”) pipe and fitting plumbing systems sold under the brand name FlowGuard Gold® prematurely fail.
For additional information, please contact attorney Charles LaDuca or Brendan Thompson at 202-789-3960, or by email at Charles@cuneolaw.com and brendant@cuneolaw.com
Lumber Liquidators Flooring
Dana Gold, et al. v. Lumber Liquidators, Inc., Case. No. 3:14-cv-05373 (U.S. District Court for the Northern District of California).
CGL is leading a case against Lumber Liquidator, Inc. alleging that bamboo flooring products that it developed, marketed and sold are defective. Alleged defects include gapping, swelling, cracking, and general deterioration.
We successfully defended against motions to dismiss, Daubert motions, a motion for summary judgment, and a transfer of venue motion. Plaintiffs certified six state classes and defeated a subsequent Rule 23(f) appeal petition. See Gold v. Lumber Liquidators, Inc., 323 F.R.D. 280 (N.D. Cal. 2017).
For more information concerning this litigation, please contact attorneys Charles LaDuca or Brendan Thompson at (202)789-3960, or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
UPDATE: On October 22, 2020, the Court granted final approval of a $30 million settlement and held in its order that “Claims are divided into two levels: anyone who purchased Morning Star Strand Bamboo Flooring can submit a Level One claim; those who suffered damage to their floor can submit a Level Two claim. Level One class members will receive voucher benefits in proportion to how much flooring was installed. Level Two members must submit photographic proof of damage and a repair estimate, which will form the basis of their cash benefit.”
CertainTeed – Defective Cement Fiberboard Siding
In re: CertainTeed Fiber Cement Siding Litigation, MDL No. 11-2270 (U.S. District Court for the Eastern District of Pennsylvania).
We have joined other firms and brought several class action lawsuits alleging that “CertainTeed WeatherBoard” siding is prone to cracking, surface flaking, warping, shrinking and crumbling. In addition, our lawsuits allege that some of this product looks like “water saturated cardboard” when exposed to rain and water. Additionally, our lawsuits allege that CertainTeed has failed to honor the terms of its warranty, and refused to repair, replace or refinish their defective siding as promised.
Consumers purchase expensive cement siding to protect and beautify their homes. These apparent defects are problematic and result in trouble and expense for the homeowners involved.
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at 202-789-3960, or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
UPDATE: On March 20, 2014, the District Court for the Eastern District of Pennsylvania granted final approval of a $103 million all cash settlement. For details, go to certainteedshinglesettlement.com
MW Windows Litigation
Gulbankian et al. v. MW Manufacturers, Inc., Case No. No. 1 : 10-CV-10392-RWZ (U.S. District Court for the District of Massachusetts).
Cuneo Gilbert & LaDuca, LLP, along with several other firms, filed lawsuits against MW Manufacturers, Inc. (“MW”) on behalf of a proposed nationwide class of homeowners who have purchased MW’s Freedom and V-Wood series windows. Plaintiffs alleged that the windows were subject to premature failure. After several years of intense litigation in the District of Massachusetts, including full briefing of Plaintiffs’ motion for class certification, the parties reached agreement on a settlement through mediation. The court granted final approval of the settlement on December 29, 2014.
Details about the settlement and the claims process can be found at the settlement website: http://www.mwmanufacturersvinylcladwindowsettlement.com/. If you are have any questions, please contact attorney Michael Flannery at (202) 789-3960, or by email at mflannery@cuneolaw.com.
GAF – Defective Fiberglass Roofing Shingles
In re: Building Material Corporation of America Asphalt Roofing Shingle Products Liability Litigation, MDL No. 8:11–mn–02000–JMC (U.S. District Court for the District of South Carolina).
We served as co-lead counsel in several class actions against GAF concerning its fiberglass shingles. The complaints allege that GAF designed, manufactured, advertised, warranted and sold defective fiberglass shingles that were not in compliance with applicable testing standards, and without taking any steps to cure the problem(s) or honor its warranties. Defective shingles not only must be replaced, but can cause damage to the structure of the house.
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at 202-789-3960, or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
UPDATE: On April 22, 2015, the District of South Carolina granted final approval of a proposed settlement of over $200 million. The class of approximately six million individuals, one of the largest home building material classes ever, allows for claims to be made for up to seven years. For more information or to file a claim, please visit: http://www.roofsettlement.com.
IKO – Defective Organic Roofing Shingles
In re: IKO Roofing Shingle Products Liability Litigation, MDL No. 2104 (U.S. District Court for the Central District of Illinois).
We are the chair of the executive committee in these nationwide class actions against Canadian shingle manufacture, IKO Manufacturing Inc. (“IKO”). The suits allege that IKO designs, manufactures, advertises and sells various defective roofing shingle products that fail to perform as marketed and that IKO knowingly and intentionally concealed these defects. The suits also allege that IKO had no intention of honoring its shingles various warranties.
UPDATE: On March 13, 2019, the Court entered an order granting final approval of the settlement. The settlement offers warranty enhancements and cash of replacement benefits to eligible claimants.
If you are having a problem with your IKO shingles, or have other information pertaining to this investigation, please contact attorneys Charles LaDuca or Brendan Thompson at (202)789-3960, or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
CertainTeed – Defective Organic Roofing Shingles
In re: CertainTeed Corp. Roofing Shingle Products Liability Litigation, MDL No. 1817, (U.S. District Court for the Eastern District of Pennsylvania).
We were co lead counsel in this class action lawsuit, which settled for almost $700 million. The suit alleged that CertainTeed’s organic shingles failed to perform as marketed and that CertainTeed knowingly and intentionally concealed defects. The suit also alleged that CertainTeed had no intention of providing the services set forth in their warranties for their roofing shingles.
For additional information, please contact attorneys Charles LaDuca at (202) 789-3960, or by email at charles@cuneolaw.com.
UPDATE: In 2011, the Eastern District of Pennsylvania granted final approval of the settlement valued at approximately $700 million. The settlement class period is ongoing. For more information on this settlement go to certainteedshinglesettlement.com
Chinese Drywall Litigation
Our firm, along with co-counsel, brought a series of cases in Federal and State courts across the country challenging the use of defective Chinese drywall in residential construction. The defective drywall emits, among other things, sulfur compounds that cause significant physical damage to the affected homes by corroding the electrical, plumbing and HVAC systems. All of our cases were centralized before a single Federal Judge in Louisiana who is presiding over hundreds of cases. Settlements have been reached with some Defendants, but litigation is ongoing as to others.
If you have any questions regarding this litigation, please contact attorneys Charles LaDuca at (202) 789-3960, or by email at charles@cuneolaw.com.
Uponor – Defective F1906 Plumbing Fittings
George v. Uponor, Inc. et al., Case. No. 0:12-cv-00249, (U.S. District Court for the district of Minnesota).
We have brought a class action against Uponor alleging that it designs and sells defective Yellow Brass Fittings and components made from high zinc content brass that were defectively designed and prematurely corrode when drinking water runs through them. The lawsuit also claims that when the high zinc content brass is exposed to this water over time, it becomes blocked, cracks, weeps, seeps, and/or leaks and may affect water supply. Information available to the Plaintiffs suggests that Uponor’s Yellow Brass Fittings may have been installed in hundreds of thousands of homes and buildings.
UPDATE: On September 9, 2015, the District Court for Minnesota granted final approval of a common fund settlement. The fund will reimburse purchasers for eligible previous repairs and/or future repairs or replacement costs relating to leaks or flow issues along with related property damage. Uponor will also provide an extended warranty for eligible property damage and water flow issues. The maximum Uponor will pay for the Settlement is $21 million. For more information about our settlement, please check out the settlement website at: https://brassfittingsclass.com/nationwide/mainpage/Home.aspx
If you have any questions regarding this litigation, please contact attorneys Charles LaDuca or Brendan Thompason at (202) 789-3960, or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
Zurn – Defective Plumbing Systems
In re: Zurn Pex Plumbing Products Liability Litigation, MDL No. 1958, (U.S. District Court for the District of Minnesota).
We were chair of the executive committee in this nation-wide class action which comprised of homes and business-owners, who brought several class actions against Zurn Pex, Inc. and Zurn Industries LLP (“Zurn”) concerning alleged defects associated with its cross-linked Pex tubing and brass fittings plumbing systems. The plaintiffs charged that Zurn not only designed and manufactured a faulty product, but that it also marketed and sold it without disclosing the risks to consumers, and have failed to honor its product’s “worry-free” 25-year warranty.
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at 202-789-3960, or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
UPDATE: On February 27, 2013, the District Court for Minnesota granted final approval of the settlement valued at approximately $30 million. For more information about our settlement, please check out the settlement website at: www.plumbingfittingsettlement.com.
Gentek – Defective Steel Siding
Eliason et al. v. Gentek Building Products, et al., Case. No. 1:10-cv-2093 (U.S. District Court for the Northern District of Ohio).
We are co-lead counsel in a nationwide class action against Gentek Building Products, Inc., a leading manufacture of vinyl, aluminum and steel siding products.
Our lawsuits allege that Gentek steel and aluminum siding was produced with a defect that makes it prone to chipping, cracking, breaking, peeling and/or fading prematurely. Such defects can be expensive to repair and reduce the value of a home significantly. Additionally, our lawsuits allege that Gentek has failed to honor the terms of its warranty, and refused to repair, replace or refinish their defective siding as promised.
For additional information, please contact attorney Charles LaDuca at (202) 789-3960, or by email at charles@cuneolaw.com.
UPDATE: August 1, 2013, the District Court for Northern District of Ohio granted final approval of a settlement relating to all claims in this lawsuit. For further information, go to: www.steelsidingsettlement.com.
CIVIL RIGHTS, HUMAN RIGHTS, AND WORKPLACE DISPUTES
Forced Labor of Cuban Doctors – Trafficking Victims Protection Act
Matos Rodriguez, et al., v. Pan American Health Organization, et al., Case No. 20-cv-928 (U.S. District Court for the District of Columbia)
In 2013, Cuban doctors and medical professionals were involuntarily shipped abroad and forced to work under threats against themselves and their families. In Brazil, the doctors were kept in compounds under strict surveillance. Defendant PAHO organized this commercial exploitation of forced labor and collected a percentage of the doctors’ wages as a commission for its role in the trafficking scheme. The doctors are seeking damages from PAHO under the Trafficking Victims Protection Act.
In March 2022, CGL won an appeal in the US Court of Appeals for the District of Columbia. In a 3-0 decision, the panel ruled that an international organization such as PAHO cannot invoke immunity if it acts as financial intermediary that receives benefits from forced labor, because such activity is essentially commercial. This is the first such ruling in the history of the Foreign Sovereign Immunities Act.
For additional information, please contact Peter Gil-Montllor at (202) 789-3960 or by email at pgil-montllor@cuneolaw.com
Missouri Department of Corrections.
“FIGHTING FOR FAIR PAY”
CGL and its Missouri co-counsel fought for a decade to secure fair pay for corrections officers working at Missouri state prisons. These workers, among the lowest paid in the nation, were denied pay for critical work they performed before and after every shift. CGL and its co-counsel won a $113 million jury verdict at trial in 2018. After the Missouri Supreme Court largely upheld the State’s liability, CGL and its co-counsel settled the case for more than the original verdict.
For more information, contact Michael Flannery mflannery@cuneolaw.com.
CONSUMER PROTECTION
Class Action RICO Case Against Lebanese Banks
Cuneo Gilbert & LaDuca, along with Cecchi Brody & Agnello, Lockridge Grindal & Nauen, and Barrett Law Group Files Globally Significant Class Action RICO Case Against Lebanese Banks: Banque du Liban, Byblos Bank, S.A.L., Ernst and Young Accounts and More
For years, Banque du Liban (BDL) and Byblos Bank, S.A.L. (Byblos), and others (together, the “Lebanese Banking Enterprise”) have stolen billions of dollars. By luring in U.S. depositors under the guise of exorbitant interest rates to misrepresenting its own financial health, the Lebanese Banking Enterprise has systematically defrauded thousands of U.S. citizens and residents. The crisis has led to a loss of faith in the banking system, with the majority of people unable to access their life savings, creating unprecedented poverty and unemployment rates.
CGL along with co-counsel filed a first-of-its kind RICO case in the U.S. District Court for the District of New Jersey to right this wrong.
“We pride ourselves on fighting for our clients, no matter the opponent. Our clients find themselves under attack by the very fiduciaries that are mandated to safeguard their livelihoods, and we take that very seriously,” says Charles LaDuca, Chairman of Cuneo Gilbert & LaDuca. “Lives were destroyed by the Lebanese banks’ actions. We intend to advocate aggressively for our clients, and filing this first-of-its kind case is just the first step towards justice.”
“This case will impact thousands of lives,” says Don Barrett, a Partner with Barrett Law Group, P.A. “This Ponzi scheme has been going on for years, and it is long past time we do something about it.”
Starting in the 1990s, following the end of a brutal civil war, the Lebanese Banking Enterprise took advantage of the economic chaos. The bank targeted U.S. depositors, specifically U.S. citizens of Lebanese descent, through offering incredibly high interest rates and touting a strong relationship with U.S. banks. The interest rates they claimed to offer were entirely unsustainable.
After luring in their victims, the Lebanese Banking Enterprise conducted a bait-and-switch. The banks convinced depositors to convert their U.S. dollars to Lira, the Lebanese currency, using their conversion rates. The artificial conversion rates misrepresented the value of the Lira, leaving victims with nothing.
Toll Roads Litigation
CGL brought a series of class actions against operators of toll roads throughout the state of California, alleging that that those entities improperly shared drivers’ Personally Identifiable Information (“PII”) in violation of California law. Two of the four cases have been settled and two more are currently in active litigation.
These cases include:
In re Toll Roads Litigation, No. 8:16-cv-00262-ODW (ADSx) (C.D. Cal.) (Settlement finally approved)
Quintero v. SANDAG, No. 37-2019-00017834-CU-NP-CTL (San Diego County Superior Court) (Settlement finally approved)
Avelar v. Los Angeles County Metropolitan Transportation Authority, et al., No. 19STCV11537 (Los Angeles County Superior Court).
In re Toll Bridges Litigation, No. CGC-17-562613 (San Francisco County Superior Court – Complex Division)
For additional information, please contact attorney Michael Flannery at 202-789-3960, or by email at mflannery@cuneolaw.com.
Contaminated Family Dollar Product Litigation
In Re: Family Dollar Stores, Inc., Pest Infestation Litigation, MDL 3032 (Western District of Tennessee).
Alleges that various products sold at Family Dollar stores located in the states of Tennessee, Alabama, Arkansas, Louisiana, Missouri, and Mississippi, pose health and safety risks as the result of being shelved in Family Dollar’s West Memphis, Arkansas distribution facility which was determined by the FDA in early 2022 to contain live and dead rodents, “putrid odor” and droppings “too numerous to count.”
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at (202) 789-3960 or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
Contaminated Prenatal Vitamin Litigation
Goodwin-Koenig, et al. v. Target Corporation, 22-cv-00212 (Eastern District of California).
Alleges that Defendant’s Prenatal Vitamins contain dangerous heavy metals and that Defendant mislabeled the amount of Folic Acid in the products.
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at (202) 789-3960 or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
Contaminated Baby Food Litigation
In Re Plum Baby Food Litigation, 4:21-cv-00913 (Northern District of California).
In re Gerber Products Heavy Metals Baby Food Litigation, 22-cv-00269 (Eastern District of Virginia).
In re Hain Celestial Heavy Metals Baby Food Litigation, 21-cv-00678 (Eastern District of New York).
In re Beech-Nut Baby Food Litigation, 21-cv-00133 (Northern District of New York).
In re Nurture Baby Food Litigation, 21-cv-01217 (Southern District of New York).
These cases, pending in courts throughout the country, allege that baby foods contain harmful toxins, contaminants, and chemicals and were mislabeled. CGL is maintaining this case on behalf of consumers who purchased these foods for their children.
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at (202) 789-3960 or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
Thread Count Litigation
CGL brought a series of class actions against sellers of bedding sheets who allegedly inflated thread counts to charge more money .
These cases include:
Hill, et al. v. AQ Textiles LLC, Creative Textile Mills, 19-cv-00983 ( Middle District of North Carolina).
Hawes, et al. v. Macy’s West Stores, Inc., 17-cv-1754 (Southern District of Ohio).
For additional information, please contact attorney Charles LaDuca or Brendan Thompson at 202-789-3960, or by email at Charles@cuneolaw.com and brendant@cuneolaw.com
Contaminated Pet Food Litigation
In re Big Heart Pet Brands Litig., Case No. 4:18-cv-00861-JSW (U.S. District Court for the Northern District of California).
Zeiger v. WellPet LLC, Case No. 3:17-CV-04056-WHO (U.S. District Court for the Northern District of California).
Leppert, et al. v. Champion Petfoods USA, Inc., et al., Case No. 1:18-cv-04347 (U.S. District Court for the Northern District of Illinois)
Grossman v. Diamond Pet Foods Inc., et al., Case No. 2:18-at-01387 (U.S. District Court for the Eastern District of California).
These cases, pending in courts throughout the country, allege that pet foods manufactured for dogs and cats are contaminated with various dangerous substances such as pentobarbitral, heavy metals, and BPA. CGL is maintaining this case on behalf of consumers who purchased these foods based on the manufacturers’ representations that they were safe and natural.
For additional information, please contact attorneys Charles LaDuca or Brendan Thompson at (202) 789-3960 or by email at charles@cuneolaw.com or brendant@cuneolaw.com.
Debit Card Overdraft Fees
In Re: HSBC Bank USA, N.A. Debit Card Overdraft Fee Litigation, Case No. 2:13-md-02451-ADS-AKT (U.S. District Court for the Eastern District of New York); In re HSBC Bank U.S.A., N.S., Checking Account Overdraft Litigation, Case No. 650562/2011 (New York Supreme Court).
Cuneo Gilbert & LaDuca, LLP, and three other firms, were appointed as Co-Interim Lead Counsel for Plaintiffs challenging HSBC Bank USA, N.A.’s practices of reordering debit transactions from high-to-low and not processing transactions chronologically in order to increase the bank’s overdraft fee revenue by millions of dollars per year. Plaintiffs alleged that HSBC unlawfully concealed these procedural changes from customers.
After overcoming a motion to dismiss and conducting extensive discovery, plaintiffs’ counsel filed class certification papers in federal court on January 30, 2015. While that class certification motion was pending, HSBC reached a settlement with the parties to the parallel but previously dormant action in the New York state court. On February 10, 2016, the Federal Plaintiffs and all parties to the State Action reached a settlement agreement and a hearing on the Motion for Final Approval of the Proposed Class Action Settlement was held on April 6, 2016.
For additional information, please contact attorneys Jonathan Cuneo or Jennifer E. Kelly at 202-789-3960, or by email at jonc@cuneolaw.com or jkelly@cuneolaw.com.
APPLE STORAGE LITIGATION
Orshan v. Apple Inc., Civil Action No. 5:14-cv-05659 (U.S. District Court for the Northern District of California).
This case concerns allegations that the iOS 8 operating system on certain Apple devices consumes a substantial portion of the total available storage on the devices. The complaint asserts that Apple provides consumers materially less storage than they are promised and then aggressively markets iCloud storage space, which it sells on a monthly basis. The case concerns both devices with iOS 8 pre-installed and devices in which iOS 8 is installed by way of update.
The motion to dismiss is fully briefed and the parties are awaiting a ruling from the United States District Court for the Northern District of California.
For additional information, please contact attorneys Charles LaDuca at 202-789-3960, or by email at charles@cuneolaw.com.
Deceptive Energy Contracts
Cuneo Gilbert & LaDuca, LLP has filed lawsuits against third party energy suppliers Ambit Energy, LLC, Viridian Energy, LLC, Smart One Energy, LLC, HIKO Energy, LLC, and XOOM Energy, LLC in New Jersey, Maryland, New York, Pennsylvania, and North Carolina.
The complaints allege that the Defendants engage in deceptive bait-and-switch sales models with variable rate customers. These companies represent to potential customers that if they switch from their local utility companies or other energy suppliers, they will receive low introductory rates on their energy bills followed by competitive market based rates and savings. However, shortly after consumers switch their energy supply, their electric and gas rates actually increase, causing substantially higher energy bills.
If you have switched to a third party energy provider with the promise of energy cost savings, only to have the price you pay for electricity or gas increase substantially, please contact attorneys Charles LaDuca at (202) 789-3960, or by email at charles@cuneolaw.com.
CASES FOR & AGAINST GOVERNMENTS
Old River Control Complex Takings
Cuneo Gilbert & LaDuca, LLP attorneys are part of a team representing the State of Mississippi and others who hold more than 350,000 acres of property along the Mississippi River and seek compensation from the United States for increased flooding on their properties caused by the Old River Control Complex, which is operated by the U.S. Army Corps of Engineers. Plaintiffs include school districts with properties used to fund educational activities in Mississippi. The Plaintiffs’ cases were brought in the U.S. Court of Federal Claims, have been consolidated as one case for pretrial purposes, State of Mississippi v. United States (19-231 L), and overcame the United States’ Motion to Dismiss on February 6, 2020.
For additional information, please contact Mark Dubester or Jennifer Kelly at (202) 789-3960, or by email at mark@cuneolaw.com or jkelly@cuneolaw.com.
California Teletax Cases
Together with other law firms, Cuneo Gilbert & LaDuca, LLP, prosecuted three cases against the City and County of Los Angeles, as well as the City of Long Beach concerning wrongfully imposed excise taxes on telephone service. After ten years of hard fought litigation, those cases resulted in more than $100 million being available to class members. For further information, contact Jonathan Cuneo or Michael Flannery.
Sikorsky Aircraft Corporation
In American Small Business League vs. Department of Defense (N.D. Cal. 2018), Mr. Cuneo and Ms. Miller, representing a small business advocacy group, recently prevailed in an action brought under the Freedom of Information Act seeking public disclosure of information concerning Sikorsky Aircraft Corporation’s small business subcontracting practices. The Court, in determining that CGL’s client was entitled to reimbursement of attorneys’ fees, stated that CGL “deserves … a lot of credit for having stood up to the government” through “a lot of litigation.”
SECURITIES FRAUD AND CORPORATE GOVERNANCE
MASS TORTS
Roundup
Roundup®, the glyphosate-based herbicide manufactured by Monsanto, is the most widely used herbicide in the world. Individuals are at risk for developing cancer after having been exposed to Roundup® from breathing it while spraying or direct skin contact. CGL is filing lawsuits against Monsanto on behalf of individuals who used Roundup and were later diagnosed with a form of B cell or T Cell non-Hodgkin’s Lymphoma, including its many subtypes such as follicular lymphoma, chronic lymphocytic leukemia, mantle cell lymphoma, diffuse large B-cell lymphoma, and hairy cell leukemia. If you or a loved one has used Roundup® and then developed cancer, you may be entitled to compensation from the product’s manufacturer. If a member of your family died because of Roundup® and/or glyphosate exposure, there might also be compensation for loss of consortium and wrongful death.
PROTECTING GOVERNMENT FROM FRAUD
Mississippi DOC
Mississippi Attorney General Settlements Top $26.6 million
Cuneo Gilbert & LaDuca, LLP attorneys were part of a team working for former Mississippi Attorney General Jim Hood, along with attorneys from Abdalla Law, PLLC, and Don Barrett, P.A., who recovered more than $26.6 million in settlements for the State of Mississippi from individuals and business entities participating in the “Mississippi Hustle” conspiracy. The complaints filed in February 2017, with help from the Cuneo legal team, charged defendants with defrauding the State of Mississippi of hundreds of millions of dollars in public funds awarded by the Mississippi Department of Corrections. Through these conspiracies, defendants allegedly engaged in bribery, kickbacks, misrepresentations, fraud, concealment, money laundering, and other wrongful conduct for approximately seven years until Christopher Epps, the former Commissioner of the Mississippi Department of Corrections, was indicted in November 2014.
For additional information, please contact Jonathan Cuneo, Monica Miller, Mark Dubester, or Jennifer Kelly at (202) 789-3960, or by email at jonc@cuneolaw.com, monica@cuneolaw.com, mark@cuneolaw.com, or jkelly@cuneolaw.com.
REPRESENTING MAJOR INSTITUTIONS WITH LARGE SCALE DAMAGES
Opioid Litigation
CGL is a leading member of a consortium of law firms representing acute care hospitals across the country in cases in federal and state courts against opioid marketers, distributors and national chain pharmacies. CGL has filed complaints in In Re: National Prescription Opiate Litigation (N.D. Ohio MDL 2804) on behalf of a Florida hospital. CGL has also filed a class complaint in the same MDL proceeding. Other cases filed by CGL include state and federal complaints filed in Alabama, Arizona, Arkansas, Florida, Illinois, Kentucky, Mississippi, Missouri, Tennessee, Texas, West Virginia, New York and Maine. Claims on behalf of the hospitals include federal RICO claims, state RICO claims, as well as state law claims of nuisance, negligence, violation of consumer protection statutes, fraud and deceit, civil conspiracy, and unjust enrichment. CGL led the effort in opposing motions to dismiss, and has successfully defended the hospitals’ complaints in both federal and state courts. Hospitals’ claims have been upheld by a federal district court in Ohio, a state court in Arizona, and the Mass Litigation Panel in West Virginia. CGL has also appeared in bankruptcy proceedings for the hospitals in In re Insys Therapeutics, Inc., et al., No. 19-11292 (Bankr. D. Del.) and In re Purdue Pharma, L.P., et at., No. 19-23649 (Bankr. S.D.N.Y). In the bankruptcy proceedings, CGL represents hospitals who have won places on the Unsecured Creditors Committee.
Contact Jennifer Kelly at 202-789-3960 or jkelly@cuneolaw.com
LEGISLATIVE ADVOCACY
Senate Passes Open App Markets Act (OAMA)
Senate Passes Open App Markets Act (OAMA)
On February 3rd 2022, the Senate Judiciary Committee approved the Open App Markets Act (OAMA) by a strong bipartisan vote of 20-2. OAMA would prevent Apple and Google from using their market power to require app developers to use a specific in-app payment system or from unfairly promoting their own apps above those of competing app developers. This will mean app developers will be able to stop paying huge fees to Big Tech and app users will be able to pay less for apps. OAMA includes a private right of action, modeled after the treble damage remedy in the Clayton Act, for app developers to enforce the law.
The Committee to Support the Antitrust Laws, represented by CGL, worked with the bill’s sponsors on the private right of action provision.
House Passes the Forced Arbitration Injustice Repeal Act (FAIR Act)
House Passes the Forced Arbitration Injustice Repeal Act (FAIR Act)
On March 17th, the U.S. House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act) by a vote of 222-209. The FAIR Act would prohibit the enforcement of forced arbitration clauses in consumer, employment and civil rights disputes and in antitrust class actions. If it becomes law, the FAIR Act will open the courthouse doors to millions of individuals and small businesses who cannot effectively vindicate their rights in secretive, individual arbitration proceedings.
On behalf of the Committee to Support the Antitrust Laws and the American Association for Justice, CGL plays a leading role in the coalition supporting the legislation.
Center for Climate Integrity (CCI)
CGL is working with CCI to ensure that the principle of polluter pays is upheld in any climate legislation that is enacted by Congress.
For additional information, please contact Pamela Gilbert at (202)789-3960, or by email at pamelag@cuneolaw.com.
American Association for Justice (AAJ)
CGL represents AAJ, a national association of trial lawyers, in efforts before Congress to promote a fair and effective civil justice system. Current work for AAJ includes ensuring businesses that fail to follow proper safety practices to prevent COVID-19 can be held accountable by patients, consumers and workers; ensuring that people who are injured and killed by defective and unsafe self-driving cars can hold the responsible parties accountable; and advocating for the right to bring claims in the public court system instead of allowing corporations to force people into a private, rigged forced arbitration system with no right to appeal.
For additional information, please contact Pamela Gilbert at (202)789-3960, or by email at pamelag@cuneolaw.com.
The Committee to Support the Antitrust Laws (COSAL)
CGL is the Washington, DC representative for COSAL, which was established in 1986 to promote and support the enactment, preservation and enforcement of a strong body antitrust laws in the United States. It is the only organization in Washington, DC that is dedicated to lobbying for strong antitrust laws and effective private enforcement.
For additional information, please contact Pamela Gilbert at (202)789-3960, or by email at pamelag@cuneolaw.com.
PUBLIC ADVOCACY
Whistleblower Representation
CGL is representing a whistleblower who filed a complaint with the Securities and Exchange Commission about serious financial wrongdoing involving price-fixing in fixed-income securities. Damages to US investors is estimated to be billions of dollars.
For additional information, please contact Pamela Gilbert at (202)789-3960, or by email at pamelag@cuneolaw.com
LET’S WORK TOGETHER
CGL is currently engaged in dozens of cases from product defect class actions to antitrust litigation to civil rights advocacy.
If you feel we could represent you in any of our current cases or in a new case, we would love to hear from you.