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.
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.
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
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
May 3, 2017
April 28, 2017
April 20, 2017
Twin Cities ABC-affiliate KSTP has aired the first in a three-part series of its findings following an investigation into retired players’ allegations in the NHL concussion litigation. The first installment focuses on the contradiction between the NHL’s internal discussions on the dangers of fighting, and its public statements that fighting enhances safety. KSTP’s report can be viewed here:
April 18, 2017
Minnesota Supreme Court grants further review of Appellate ruling on dormant accounts with large sums of money that the Minnesota Department of Commerce seized. Initially, this system was put in place in 1969 to protect inactive financial accounts and properties from financial institutions under the Minnesota Uniform Disposition of Unclaimed Property Act (MUPA). In 2015, the state had a reserve of $711.5 million in unclaimed property capital and has full discretion to use the money for any capacity. On January 23, 2017, the Appellate Court ruled that “MUPA does not create an unconstitutional taking and satisfies procedural due-process requirements.” Plaintiffs allege that Minnesota fails to provide adequate notice when it assumes custody and makes use of your personal property; and that the state owes interest on your cash when want to claim it back. A further review was ordered by Minnesota Supreme Court on April 18, 2017. Zimmerman Reed attorneys are working with a class to retrieve and return the money to their rightful owners.
Categorised in: Consumer Protection
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.
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.