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Class Action Lawsuit News: 

In DeMarco v. AvalonBay Communities, Inc., in which LDG is a court-appointed co-lead counsel, the federal court dismissed the plaintiffs’ claim under the New Jersey Consumer Fraud Act. Among other things, AvalonBay had advertised Avalon at Edgewater as a luxury complex with “thoughtfully designed floor plans,” when in fact the buildings were a fire trap that quickly burned to the ground when AvalonBay’s employees negligently started the fire. Despite that, the court found that the plaintiffs had not done enough to show consumer fraud, and that “not every alleged wrong can be remedied with every cause of action.” AvalonBay has not tried to dismiss the plaintiffs’ other causes of action, and those claims are proceeding. Plaintiffs’ motion for class certification has already been filed, and briefing on that motion is to conclude in January 2016. Meanwhile, the court has scheduled a settlement conference for December 14, 2015, in an effort to achieve a prompt and fair resolution for all Avalon at Edgewater tenants.

In DeMarco v. AvalonBay Communities, Inc., a consolidation of three cases pending in the District of New Jersey, the Court appointed LDG as one of the co-lead counsel for the class.  The consolidated case alleges that the defendant’s negligence caused a massive fire that destroyed an entire building at the residential complex known as Avalon at Edgewater, located in Edgewater, New Jersey.  To learn more about this class action lawsuit, click here to view the Complaint.

In Ambro Hegab v. Family Dollar Stores, Inc., the Court granted final approval of class action settlement in a class action lawsuit involving allegations that Family Dollar Stores, Inc. violated New Jersey Wage and Hour Law by misclassifying its store managers in New Jersey as exempt from state overtime premium pay.

In Palomino v. Shop-Vac Corporation, pending in the Superior Court of New Jersey, the court denied the defendant’s motion for summary judgment, granted the plaintiff’s motion for certification of a class of thousands of New Jersey purchasers of Shop-Vac wet/dry vacuums, and appointed LDG as one of the co-lead counsel for the class. The class action lawsuit alleges that Shop-Vac has violated the New Jersey Consumer Fraud Act and breached a warranty by misrepresenting the “peak horsepower” of its vacuums for at least six years.

In Federman v. Bank of America, pending in the District of New Jersey, where LDG is co-counsel for the plaintiff, plaintiff defeated a motion to dismiss his claims under the New Jersey Wage and Hour Law and his breach of contract and unjust enrichment claims under the law of New Jersey. The class action lawsuit alleges that Bank of America, as a co-employer of the plaintiff and members of the class, wrongfully deprived them of wage payments for a period of many years. 

In In re Hydroxycut Marketing & Sales Practices Litigation, pending in the Southern District of California, where LDG is one of the counsel for the plaintiffs and the class, and one of LDG’s clients is a named class representative, the court granted final approval of a settlement worth over $25 million to a nationwide class of purchasers of Hydroxycut products. The plaintiffs in this class action lawsuit contended that the defendants misrepresented the safety and effectiveness of those products. 

In In re New Jersey Tax Sales Certificates Antitrust Litigation, a class action lawsuit pending in the District of New Jersey, where LDG is liaison counsel for the plaintiffs, LDG and its co-counsel defeated motions by the defendants to dismiss the antitrust claims in the case. Plaintiffs have already achieved over $8 million in partial settlements in the case, which alleges that the defendants conspired to rig auctions for municipal tax sale certificates, in violation of antitrust laws.

In Schwartz v. Avis Rent A Car System, LLC, a class action lawsuit pending in the District of New Jersey, in which LDG is co-lead counsel for plaintiff and the class, LDG and its co-counsel won a ruling certifying a nationwide consumer fraud and breach of contract class covering thousands of persons and entities. LDG and its co-counsel then defeated the defendants’ attempt to obtain appellate review of the decision granting class certification. The class action lawsuit involves Avis’s concealment of charges for frequent flyer miles claimed by Avis’s “Preferred” renters.

In Cole v. NIBCO, Inc., a class action lawsuit pending in the District of New Jersey, LDG was appointed by the Court as co-lead counsel for the plaintiffs. The class action lawsuit case centers on plumbing fixtures and tubing used in residential plumbing systems that leaks, causing severe damage to homes in which those plumbing components are used.

In Astiana v. Kashi Co., pending in the Southern District of California, where LDG was one of the counsel for the plaintiffs and the class, the court granted final approval to a settlement of $5 million for the class. The case involved allegations that Kashi fraudulently represented that its products were “all natural” when, in fact, they were not.

In Roma Pizzeria v. Harbortouch (formerly known as United Bank Card), pending in the Superior Court of New Jersey, in which LDG is co-lead counsel for the plaintiff and the class, the court granted preliminary approval of a settlement valued at over $8 million for a nationwide class. The case alleged that Harbortouch had wrongly imposed certain fees on class members who subscribed to Harbortouch’s credit transaction processing services.

In McDonough v. Horizon Healthcare Services, Inc., a class action lawsuit pending in the District of New Jersey, where LDG is co-counsel for a class of health care providers, the court granted final approval to a settlement that required the defendant to change certain reimbursement practices that the plaintiffs had alleged were improper and fraudulent. 

In In re Shop-Vac Marketing & Sales Practices Litigation, pending in the Middle District of Pennsylvania, in which LDG serves on the plaintiffs’ Executive Committee, LDG and its co-counsel defeated a motion by the defendant to dismiss the Complaint in the class action lawsuit. The plaintiffs allege that the defendant misrepresents the capacity of its vacuums, in violation of consumer fraud laws.    

In Saini v. BMW of North America, LLC, a class action lawsuit pending in the District of New Jersey, in which LDG is one of the counsel for the plaintiff and the class, the court granted preliminary approval of a settlement that is valued at over $20 million for a nationwide class of purchasers and lessees of BMW vehicles. The class action lawsuit alleged that BMW sold “demo” vehicles as new, and that as a result, purchasers and lessees did not receive the full warranty that BMW promised.

In McCain et al. v. Rust-Oleum, a class action lawsuit pending in the Northern District of Illinois, LDG was appointed as interim co-lead counsel for the class. The case is a consumer class action lawsuit involving defective deck resurfacing products manufactured and sold by Rust-Oleum.

In Mednick v. Precor Inc., a class action lawsuit pending in the Northern District of Illinois, where LDG is co-lead counsel for the class, plaintiffs defeated a complex motion to dismiss all of the claims.  The class action lawsuit involves allegations that Precor fitness machines suffer from pervasive defects in heart-rate monitoring capabilities.

In Arrington v. National Collegiate Athletic Association, a class action lawsuit pending in the Northern District of Illinois, where LDG is one of the firms representing plaintiffs and the class, LDG is awaiting final approval of a settlement. The plaintiffs in this class action lawsuit alleged that the NCAA’s failed to implement concussion protocols to protect student-athletes.

In Haley v. Kolbe & Kolbe Millwork Co., Inc., a class action lawsuit pending in the Western District of Wisconsin, where LDG is co-lead counsel for the plaintiffs and the class, LDG and its co-counsel have defeated motions by the defendant to dismiss plaintiffs’ claims and to stay proceedings. The plaintiffs in the class action lawsuit allege that the defendant’s products are defective and that defendants fail to honor its purported warranties.

In Stern v. Maibec, Inc., a class action lawsuit pending in the District of New Jersey, where LDG is co-lead counsel for the plaintiff. LDG has defeated motions by the defendants seeking to dismiss all of plaintiffs’ claims. The plaintiff claims that defendant’s product is defective and that it misrepresented its product.

In Mendez v. Avis Budget Group, Inc., another class action lawsuit pending in the District Court of New Jersey, where LDG is liaison counsel, LDG has defeated defendant’s attempt to dismiss plaintiff’s claims. The plaintiff alleges that the Avis Budget failed to disclose to customers that it charges an unconscionable convenience fee for use of an e-Toll system, even on days the car does not pass through a toll. In In re Capacitors Antitrust Litigation, pending in the Northern District of California, LDG one of several counsel for plaintiffs and the class. The plaintiffs allege that the defendants, the leading manufacturers of capacitors sold in the United States, conspired to unlawfully manipulate prices of electrolytic and film capacitors.

In Klein v. TD Ameritrade Holding Corporation, a class action lawsuit pending in the District of Nevada, where LDG counsel for the plaintiff, LDG and its colleagues are have asserted class claims on behalf of a trader that the defendant breached its fiduciary duties when it self-interestedly routed clients’ stock orders to venues which paid the maximum liquidity rebate, irrespective of whether such routing would optimize execution quality.

LDG is co-counsel in Pekelney v. Horizon Healthcare Services, Inc., a class action lawsuit pending in the District of New Jersey. The plaintiffs allege that defendants failed to take the necessary precautions to protect plaintiff and consumer personal information. As result of these failures, the plaintiffs’ and class members’ personal information was stolen and compromised.

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