Former Lyft/Uber Driver Challenges Uber’s use of “Hell” Spyware

July 18, 2017

A driver, who drove for both Lyft and Uber, filed a lawsuit against Uber for using a secret software program called “Hell” to access Lyft drivers’ information and whereabouts in violation of privacy and other laws. As reported by Law360, the driver alleges that Uber accessed the driver’s Lyft data – without permission –  to leverage a competitive upside and essentially steal customers. The driver is currently asking the court to deny Uber’s attempt to dismiss the lawsuit. Zimmerman Reed partner Caleb Marker represents the driver, who brings the suit on behalf of himself and is asking that the case be certified as a class action on behalf of drivers in California and across the country.

Categorised in: Class Action, Consumer Protection

CenturyLink Billing Investigation

July 6, 2017

BizJournals reports that CenturyLink customers have filed class actions in several states alleging CenturyLink signed them up for services they did not request or authorize, improperly placed them in collections, and created fake accounts using the customers’ identification. Class actions have been filed in Arizona, California, Colorado, Idaho, Nevada, Oregon, and Washington. Zimmerman Reed partner Hart Robinovitch and Los Angeles based Geragos & Geragos represent former and current CenturyLink customers. To learn more about the lawsuit, visit

Categorised in: Class Action

2017 Super Lawyers and Rising Stars

July 5, 2017

Congratulations to our Zimmerman Reed partners recognized as 2017 Super Lawyers and Rising Stars honorees. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations and recognizes no more than five percent of attorneys in each state. Rising Stars of Law is a designation recognizing the top up-and-coming attorneys in the state who are 40 years old or younger or who have been practicing for 10 years or less.

The following ZR attorneys have been named as Super Lawyers:

The following ZR attorneys have been named as Rising Stars:

Categorised in: Attorneys, Firm News

Jason Johnston Appointed to the Plaintiffs’ Steering Committee for Stryker LFIT V40 MDL

June 30, 2017

Zimmerman Reed partner Jason Johnston was appointed to the Plaintiffs’ Steering Committee in the Stryker LFIT V40 multidistrict litigation (MDL). Judge Indira Talwani, who is presiding over the litigation in the District of Massachusetts, appointed Jason after a thorough vetting process that included applications submitted by firms from across the nation. The litigation follows a recall involving the Stryker LFIT V40 femoral heads because of a higher than expected failure rate resulting in the need for additional surgery.

Categorised in: Attorneys, Firm News, Stryker

Jason Johnston Receives “Top 40 under 40” Award for 2017

June 26, 2017

The National Trial Lawyers Association has named Zimmerman Reed Partner, Jason Johnston, as a “Top 40 under 40” lawyer for 2017. The designation identifies individuals that show superior qualifications, trial results, and leadership as a young lawyer from each state or region that are under the age of 40. Membership is by invitation only, and the selection process includes peer nominations and third-party research.

Categorised in: Attorneys, Firm News

The Seventh Circuit Affirms Class Certification in Donning and Doffing Case

June 23, 2017

The Seventh Circuit affirmed the certification of a class of Wisconsin foundry workers who are claiming that Hitachi-owned Waupaca refuses to pay them to change their clothes and shower to remove irritating and dangerous foundry dust before heading home to their families. Judge Richard Posner found Waupaca’s arguments against class certification “ridiculous,” when hearing oral arguments on the appeal.

The workers allege that “changing clothes and showering immediately after a shift…is indispensable to reducing the risk that foundry work poses to their health.” The claims are brought under the Fair Labor Standards Act and Wisconsin state law; the workers are employed at foundries in Wisconsin, Indiana, and Tennessee. Zimmerman Reed and Larson King represent the workers who have been pursuing their claims since 2008.

Categorised in: Employee Violation

Jacqueline Olson Named to North Star Lawyers 2016

June 14, 2017

The Minnesota State Bar Association (MSBA) has recognized Zimmerman Reed attorney, Jacqueline Olson, as a North Star Lawyer for 2016. The designation is given to MSBA members who provided 50 or more hours of pro bono legal services to those who otherwise could not afford representation.

To view a complete roster, click here.

Categorised in: Attorneys, Firm News

Fuel Your Wallet – SuperAmerica Settlement

June 1, 2017

Consumers who received a text message from SuperAmerica between January 1, 2012 and April 1, 2015, are eligible to receive $50 in cash and a $50 SuperAmerica gift card (good towards gas and other SuperAmerica products) from a class action settlement. The convenience store giant has agreed to settle a class action stemming from allegations that it violated the Telephone Consumer Protection Act by sending advertisement text messages to an estimated 175,000 recipients without their express consent.

The Telephone Consumer Protection Act of 1991, known as TCPA, was signed into law to protect consumers from unsolicited calls and text messages from automated dialers. The Federal Communications Commission (FCC) has outlined specific rules in the TCPA that restrict companies from sending promotional or advertising text messages without having received written consent from the recipient. Companies in violation of this law can be held accountable to pay consumers per text violation. The claims deadline closes on June 15, 2017, learn more at

Categorised in: Class Action, Consumer Protection

AAJ Explores History of Drug & Device Marketing to Women

May 22, 2017

The American Association for Justice (AAJ) released a report that outlines the history of medical products targeted to women such as Yaz, vaginal mesh, and even bleach. The report discusses the injuries women have suffered from these products, and are still undergoing today. “This timely report sheds light on the disturbing ways women have been preyed upon by corporations in the name of profit,” said Julia Kane, President of AAJ. The report emphasizes the critical role the civil justice system has played to improve safety when other provisions fail.

To view the report, click here.

Categorised in: Drug & Device

J&J Ordered to Pay $110M in Talcum Powder Lawsuit

May 4, 2017

A Missouri jury awarded $5.4 million to a 62-year old woman suffering from ovarian cancer after concluding that Johnson & Johnson’s talc powder caused her cancer. The woman argued that J&J turned a blind eye to studies linking its baby powder and Shower to Shower talc products to ovarian cancer and failed to alert customers of these risks — all to protect profits and “the company’s image.” An internal document introduced at trial revealed that the company knew its products increased the risk of this “highly lethal form of cancer” but nevertheless ignored recommendations to warn women.

Thousands of women with ovarian cancer have challenged the health-care giant in lawsuits across the country. At trial, J&J’s lawyers argued that J&J doesn’t need to warn women about talc because there is no link to cancer. According to one juror, “I felt that J&J was withholding information about its products that was vital to women – vital to women like me.” The jury awarded $5.4 million in compensatory damages and an additional $105 million in punitive damages.

Categorised in: Drug & Device