Current Cases2020-05-25T02:44:15+00:00

ANTITRUST

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 attorneys Jonathan Cuneo or Katherine Van Dyck at (202) 789-3960 or by email at jonc@cuneolaw.com or kvandyck@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 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.

Specific information about the auto dealer settlements can be found at:  http://www.autodealersettlement.com/.

For additional information, please contact Joel Davidow, Danny Cohen, Jennifer Kelly, Victoria Sims, or Evelyn Li  at (202)789-3960, or by email at joel@cuneolaw.com, danielc@cuneolaw.com, jkelly@cuneolaw.com, vicky@cuneolaw.com, or evelyn@cuneolaw.com.

PROTEIN ANTITRUST

Turkey Antitrust Litigation

Sandee’s Catering v. Agri Stats, Inc., et al., Case No. 20-02295 (U.S. District Court for the Northern District of Illinois)

CGL seeks to represent a class of commercial and institutional indirect purchasers in a class action lawsuit alleging the existence of a price-fixing conspiracy to artificially inflate prices for turkey sold in the United States.

For additional information, please contact Blaine Finley at (202) 789-3960 or by email at bfinley@cuneolaw.com.

Farm-Raised Salmon Antitrust Litigation

Prime Steakhouse v. Mowi ASA, et al., Case No. 20-21463 and Portland Hunt-Alpine Club LLC v. Mowi ASA, et al., Case No. 20-21509 (U.S. District Court for the Southern District of Florida)

CGL seeks to represent a class of commercial and institutional indirect purchasers in a class action lawsuit alleging the existence of a price-fixing conspiracy to artificially inflate prices for farm-raised salmon sold in the United States.

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)

CGL has been appointed by the Court to represent commercial and institutional indirect purchasers in a class action lawsuit alleging the existence of a price-fixing conspiracy to artificially inflate prices for pork sold in the United States.

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 preparer purchasers in a class action lawsuit alleging the existence of a price-fixing conspiracy to artificially inflate prices for packaged tuna products sold in the United States. The Court has issued an order granting class certification, which is currently on appeal.

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

Cali Bamboo Flooring

Klaehn, et al. v. Cali Bamboo, LLC, Case No. 3:19-cv-01498 (U.S. District Court for the Southern District of California).

CGL brought a case against Cali Bamboo, LLC alleging that flooring products that it develops, markets and sells are defective. Alleged defects include cracking, gapping, swelling, and general deterioration.

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 and are currently awaiting final approval of the proposed $30 million settlement.  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 December 18, 2019, the Court granted preliminary approval of the potential $30 million settlement.  Final approval of the settlement is scheduled to take place in September 2020.     

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 July 2, 2014, the United States Court of Appeals for the Seventh Circuit vacated a decision by the Central District of Illinois declining to certify the class and remanded the case back to the District Court for further proceedings. 

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.

Maibec – Defective Wood Siding

Ilene Stern, et al. v. Maibec Inc., Civil Action No. 11-3951, (U.S. District Court for the District of New Jersey).

We have brought a class action lawsuit against a Canadian wood siding manufacturer, Maibec, Incorporated in the United States District Court for the District of New Jersey, in Newark, NJ. The suit alleges that the siding, which is used to clad the outside of homes and offices, prematurely fails and that the Defendant does not honor its warranties.

If you are having a problem with your Maibec siding, or have other information pertaining to this investigation, please contact attorney Charles LaDuca at (202)789-3960, or by email at charles@cuneolaw.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 brokered an agreement that paid it a percentage of the doctors’ wages as a commission for its role in the enterprise. PAHO’s actions violated U.S. statutes, Brazilian law, and international law regarding forced labor and human trafficking. The doctors are seeking damages under the Trafficking Victims Protection Act and the Racketeering Influenced and Corrupt Organizations Act.

 

For additional information, please contact Peter Gil-Montllor at (202) 789-3960 or by email at pgil-montllor@cuneolaw.com

Michael J. Flannery, Katie Van Dyck, and Michael Smith obtain a $113m verdict for wages that the Missouri Department of Corrections failed to pay 13,000 Corrections Officers.

Michael J. Flannery, Katie Van Dyck, and Michael Smith of Cuneo Gilbert & LaDuca, LLP and Gary Burger of the Burger Law Firm, a well-known St. Louis trial attorney, announce that they obtained a $113,714,632 verdict for wages that the Missouri Department of Corrections had failed to pay a class of 13,000 Corrections Officers.  A jury in Jefferson City, Missouri, agreed that the Department of Corrections had unlawfully refused to pay those employees for hundreds of thousands of hours worked by them since 2007.  These men and women had their day in court after six years of litigation, overcoming many legal obstacles. The case is now on appeal.

Provide Or Update Your Information For Hootselle v. MDOC

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Final Judgment
Amended Class Certification Order
Order Granting Plaintiffs’ Motion for Partial Summary Judgment
Verdict Form
Notice of Class Action
Motion for Attorneys’ Fees and Supporting Affidavits

CONSUMER PROTECTION

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:

Morrison, et al. v. Ross Stores, Inc. 18-cv-2671 (N.D. Cal.).

Adam, et al. v. The TJX Companies, Inc.,17-cv-11260 (D. Mass.).

Hill, et al. v. AQ Textiles LLC, Creative Textile Mills, 19-cv-00983 (M.D.N.C.).

Chiaraluce, et al. v. Macy’s Inc, Macy’s Retail Holdings, Inc, Macy’s West Stores, Inc., Macy’s.com, 20-cv-00081 (S.D. 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

Usury Litigation

Petersen v. Chase Card Funding, LLC et al., Case No. 19-cv-00741 (U.S. District Court for the Western District of New York)

Cohen et al. v. CapitalOne Funding LLC et al., Case No. 19-cv-03479 (U.S. District Court for the Eastern District of New York)

CGL attorneys have filed cases on behalf of certain New York individuals paying interest above 16% on credit card loans.  The cases allege that through the process of credit card securitization, the defendant non-bank entities have acquired “all right title and interest” in class members’ credit card receivables, and have violated New York’s longstanding usury law by charging, taking or receiving interest above 16%.  The complaints seek disgorgement of wrongfully obtained interest charges and an order prohibiting these defendants from continuing to violate the New York law.

For more information, contact Bill Frick or Charles LaDuca at 202-789-3960 or bill@cuneolaw.com or charles@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, Katherine Van Dyck, or Brendan Thompson at (202) 789-3960 or by email at charles@cuneolaw.comkvandyck@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. Click here to read the complaint.

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 or Beatrice Yakubu at (202) 789-3960, or by email at charles@cuneolaw.com or byakubu@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.”

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, mmiller@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, and West Virginia. 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.

LEGISLATIVE ADVOCACY

Asbestos Cancer Victims Rights Campaign

CGL is working with patients suffering from asbestos-related diseases and their families to defeat federal legislation that would intrude on their privacy rights and provide special advantages to the companies that were responsible for the asbestos exposure.

For additional information, please contact Pamela Gilbert at (202)789-3960, or by email at pamelag@cuneolaw.com.

Safe Rental Cars

CGL, working on behalf of Consumers for Auto Reliability and Safety (CARS), an auto safety group based in California, led the lobbying effort to enact the “Raechel and Jacqueline Houck Safe Rental Car Act,” which prohibits rental car companies from renting or selling vehicles in their fleets that are subject to a safety recall until the vehicles have been fixed. In 2004, Raechel and Jacqueline Houck were killed when their rental car lost its steering, causing them to run head-on into a tractor-trailer. The car was under a safety recall for the steering defect, but had not been repaired. The Safe Rental Car Act is the first significant expansion of the federal auto recall system in 40 years.  The law went into effect on June 1, 2016.

For additional information, please contact Pamela Gilbert at (202)789-3960, or by email at pamelag@cuneolaw.com.

PUBLIC ADVOCACY

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.

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.

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