Results

The following is a representative list of some of our past successes:

• Peer-to-Peer (P2P) Interference: First in the nation class actions against Comcast and Cox Communications for alleged breach of contract and false advertising arising from interference with subscribers’ use of peer-to-peer file sharing applications. Both cases resulted in settlements with Lexington Law Group appointed by the Court as Class Counsel. Comcast subscribers receive a portion of $16 million dollar refund.  (In re: Comcast Peer-to-Peer (P2P) Transmission Contract Litigation; Lyons v. Cox Communications).

• Chase Bank Debt Collection Practices: Class case challenging certain aspects of Chase Bank’s California credit card collection litigation procedures. Chase Bank agreed to modify certain of its practices at issue in the litigation, to make monetary payments to certain class members, and to make a cy pres payment to Consumer Action, a non-profit organization assisting consumers with financial issues. (Gardner v. Chase Bank USA, N.A.).

• Lead in Artificial Turf:  Environmental enforcement action co-litigated with the California Attorney General against makers of artificial turf containing lead.  Consent Judgments entered against various major manufacturers that required reformulation of future products to remove lead and replacement of existing lead-containing turf products.

• Blue Shield Mid-Year Cost Increases: Secured multi-million dollar settlement that included full refunds to class members submitting claims, injunctive relief prohibiting Blue Shield from imposing undisclosed mid-year increases to calendar-year costs, and a substantial cy pres payment to Health Access, a non-profit organization assisting consumers with health care issues. (Dervaes et al. v. Blue Shield of California).

• False Advertising of Anti-Aging Products: Successfully prosecuted consumer protection action against maker of multi-million dollar “snake oil” product line falsely advertised as anti-aging cancer cure. (Center for Environmental Health v. Almon Glenn Braswell).

• Lead in Diaper Rash Ointment: Class action and private attorney general case that forced more than twenty-five major manufacturers and retailers of diaper rash ointment to reformulate their products to eliminate actionable levels of lead. Defendants included Bristol-Myers Squibb Co., Johnson & Johnson Consumer Companies, Inc., Pfizer, Inc., Schering-Plough HealthCare Products, Inc., and Warner-Lambert Company. (Center for Environmental Health v. Bristol-Myers Squibb Co., et al., and Kenneth Johnson et al. v. Bristol-Myers Squibb Co., et al.).

• US Airways Lap Child Litigation: Recovered refunds in a successful consumer class action case alleging that US Airways charged for “lap-children” in breach of its contract of carriage. (Robins v. US Airways, Inc.).

• Microsoft Technical Support Litigation: Class action consumer case against Microsoft forcing Microsoft to abandon unilateral decision to discontinue technical support for Office 2000 software products and continue no-charge support policy for Office 2000 users in effect at time of software purchase. (Jones v. Microsoft Corporation).

• Automobile Credit Truth-In-Lending Violations: Plaintiffs’ Liaison Counsel in a large multi-party coordinated proceeding against hundreds of automobile dealerships alleging violations of the Truth in Lending Act that resulted in injunctions requiring disclosure of previously undisclosed lease and finance terms in automobile advertising. (In Re Automobile Advertising Cases).

• Nursing Home Staffing Litigation: Lead counsel in public interest lawsuits on behalf of non-profit elderly advocacy group against California operators of skilled nursing facilities that resulted in agreements to increase minimum staffing levels in compliance with California law. (In Re Nursing Home Staffing Cases).

• Health Risks From Kava Kava: Represented class of consumers of Kava Kava dietary supplements against more than thirty-five defendants in case about failure to disclose the risk of liver disease from the products. (In Re: Kava Kava Litigation).

• Second Hand Smoke: Represented the City of San Jose and a private plaintiff in suit against major tobacco companies regarding failure to warn about second hand smoke in violation of California law. (In Re Tobacco Cases II).

• Yellow Pages Fraud: Business fraud case involving dissemination by defendant US Yellow Pages of solicitations disguised to appear like invoices to businesses in violation of state and federal law. (Dowhal v. US Yellow Pages, Inc.).

• False Advertising of Inkjet Printers: Consumer protection action alleging false advertising of print speeds by over forty major manufacturers and retailers of inkjet printers including Hewlett-Packard Company, Lexmark, Canon and Epson that resulted in injunctions requiring clear disclosures about print speed representations. (Dowhal v. Amazon.com et al.).

• Tobacco Advertising: Represented non-profit group in case against outdoor advertising company defendants alleging violations of California’s STAKE Act which prohibits tobacco advertising within 1,000 feet of public schools that resulted in the removal of hundreds of tobacco billboards located near schools in California. (Center For Environmental Health v. Eller Media Corporation, et al.).