Home Depot Settles Data Breach Case for $25M

March 9, 2017

As reported by Law360, the home improvement retailer, Home Depot, agreed to pay $25 million to settle a class action involving a data breach that jeopardized the personal and financial information of 56 million credit and debit card holders. Zimmerman Reed represents financial institutions that will now qualify to recover financial losses in addressing and remediating this breach on behalf of their customers. The settlement also requires Home Depot to implement a system to strengthen its data security practices and reduce any future risks.

Categorised in: Class Action, Consumer Protection, Settlements

SuperAmerica Customers Soon To See Relief

March 2, 2017

Law360 reports that a federal district court preliminarily approved a $3.5 million settlement claiming that convenience store giant, SuperAmerica, violated the Telephone Consumer Protection Act by sending advertisement text messages to an estimated 175,000 recipients without their expressed consent. Zimmerman Reed represents the SuperAmerica customers affected, assisting them in achieving a cash award of $50 along with a $50 SuperAmerica gift card redeemable for gas and other items.

Categorised in: Consumer Protection, Settlements

Brain Researcher Questions NHL Motives

March 2, 2017

Earlier this year, the NHL requested that Boston University’s Chronic Traumatic Encephalopathy (CTE) Center release its research documents on the brain disease CTE, as reported by Law360. Former players allege the NHL minimized the harmful effects of head injuries for decades. Researcher, Dr. Ann McKee, expressed concern that the NHL may be trying to discredit the study on concussions—which has analyzed roughly 350 brains of former athletes. The Center argued that allowing the NHL access to these documents would violate the privacy of the patients’ families as CTE can only be diagnosed by an autopsy analysis of the brain. On February 22, 2017, the court overruled a request by the NHL for an expert’s annotated bibliography of a report with names of former players. Zimmerman Reed represents former players experiencing problems from their professional playing days.

Categorised in: Class Action, Sports Law

Delivery Flaw in CVS Shipping Methods for Arthritis Drug

February 3, 2017

In a report by Law360, patients allege that CVS/Caremark failed to keep Enbrel, an arthritis drug, at the proper temperature during shipment to customers. Enbrel is a biologic, which means it has to be kept at the correct temperature of 36 to 46 degrees Fahrenheit–or it may no longer work effectively. Zimmerman Reed represents Enbrel users that obtained these pharmaceuticals within the past four years. “Although Caremark is keenly aware of the specific temperature requirements, [it] does not have adequate policies and procedures in place to ensure that the specialty drugs are maintained within each drug’s required temperature range during storage and distribution such that it reaches end users with quality intact,” the lawsuit alleges. Out-of-pocket expenses for such a drug can exceed $40,000 a year.

Categorised in: Class Action, Consumer Protection

Artificial Turf Problems Prompt Lawsuit and Concerns Nationwide

January 27, 2017

Defective turf fields sold to schools, universities, and private companies around the country are falling apart and not lasting as long as promised. Zimmerman Reed filed a lawsuit on behalf of a company alleging that FieldTurf, the nation’s leading maker of artificial turf, knowingly sold and installed these defective turf fields across the country. Read the NJ Advance Media report on the lawsuit.

Categorised in: Sports Law

Judge Rules in Favor of Misclassified Uber Driver

January 23, 2017

A California state judge rejected Uber’s bid to confirm an arbitrator’s dismissal of a driver’s claims that he was “misclassified as an independent contractor” due to the unreleased name of the driver, according to a report by Law360. The driver, represented by Zimmerman Reed attorney Caleb Marker, filed a demand for arbitration in September 2015, in search of a finding that Uber willfully misclassified him as an independent contractor rather than an employee to benefit the company financially—a violation of California law. Consequently, the driver claimed he was underpaid on wages, overtime, and reimbursements for business expenses during his two years of working for Uber.

Categorised in: Employee Violation

Pacquiao and Mayweather Concede to Fans’ Allegations

November 15, 2016

Pacquiao and Mayweather fans alleged that they were defrauded out of a fair fight between the two powerhouses. Some fans paid up to $100 to view the event and claim that the boxers, promoters, and networks mislead viewers and the promotional companies had prior knowledge of the injury but kept fans in the dark foreseeing a decent payout for the boxers. Law360 reports that viewers across the country have brought claims that had they been aware of the injury, they would not have paid to view the highly anticipated pay-per-view match. ZR attorney Hart Robinovitch was appointed as interim lead counsel in the multi-district litigation.

Categorised in: Class Action, Consumer Protection, Pacquiao MDL

Judge Approves $36M Settlement for Bad RV Fridges

October 25, 2016

Law360 reports that a California federal judge approved a $36 million settlement between Norcold Inc. and a class of RV drivers.  The lawsuit alleges that the defendants’ recreational vehicle refrigerators had a tendency to easily catch fire. “After nearly two years of delays and multiple rounds of objections we are pleased with the court’s order granting final approval to the class settlement,” Hart Robinovitch, attorney at Zimmerman Reed said Tuesday. Over 45,000 claims of faulty refrigerators had been filed.

Categorised in: Class Action, Consumer Protection, Settlements

Fans Litigation for Record-Breaking Boxing Match

October 7, 2016

According to a report by Law360, pay-per-view customers accuse Manny Pacquiao, Floyd Mayweather, and their affiliates on the grounds that they hid Pacquiao’s shoulder injury to boost ratings and sales of the highly anticipated 2015 fight between the two powerhouse boxers. The fans defended their allegations that the boxers forged a bogus fight, foreseeing a decent payout of $500 million. “Concealment of Manny Pacquiao’s injury was not an unfortunate eventuality anticipated by the rules of sport and its fans, it was a [staged] plan to cash in on the biggest payday in boxing history at the expense of the millions of consumers who would learn, after the fact, that they had paid unprecedented prices to watch a one-armed man lose a fight,” the fans said. Viewers hail from 12 states. Boxing fans are represented by Hart Robinovitch and Caleb Marker of Zimmerman Reed.

Categorised in: Class Action, Consumer Protection, Pacquiao MDL

Carolyn Anderson Named to Bloomberg Law Litigation Innovation Board for 2016

September 13, 2016

Zimmerman Reed managing partner, Carolyn Anderson, is one of 20 leading litigators for Bloomberg’s Litigation Innovation Board. Board members are responsible for providing feedback on enhancements and serve as consultants for new product launches. Additionally, they inform the direction of future litigation and analytics solutions. “As a Bloomberg Law subscriber, I am excited to have the opportunity to provide input to enhance its forward-looking technology,” said Carolyn. “I am honored to serve with the other distinguished attorneys on this board and help Bloomberg Law continue to innovate.”

Categorised in: Attorneys