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Thursday, February 02 2012 |
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As part of a settlement in a class action lawsuit against Apple, some iTunes customers are eligible to receive $3.25 in iTunes Store credit. Also as part of the settlement, Apple has agreed not to oppose the Class Counsel's request of attorneys’ fees and expenses of up to $2,117,500.
According to news reports, plaintiff Gabriel Johnson filed a class action lawsuit alleging that Apple overcharged customers by advertising and distributing $0.99 gift cards before subsequently raising prices for certain songs to $1.29. Johnson’s suit claimed Apple moved from the $0.99 model to a higher-quality track for $1.29 but during the transition continued to promote $0.99 songs.
Although Apple denied the allegations, in order to avoid the cost of litigation, both parties agreed to a settlement in which some customers will get a $3.25 credit -- and the lawyers will get millions.
—Source: forums.appleinsider.com |
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Thursday, January 26 2012 |
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A New Jersey man who overdosed on stolen drugs at a party will receive a total of $4.1 million in the settlement of a lawsuit against the pharmacy from which the drugs were stolen, the homeowner where the party took place and participants at the party who did not call 911.
In 2007, Scott Simon, then 17, attended a party and took Xanax provided to him by an ex-employee of Harding Pharmacy. The Xanax was stolen from the pharmacy. In a lawsuit filed against the above-named parties, Simon claims he fell into a coma at the party and wound up suffering permanent nerve damage. As part of a settlement agreement, Harding Pharmacy will pay Simon $1.9 million.
"In this case, the pharmacy was the victim - not the plaintiff, who made a decision to ingest stolen drugs,” said Marcus Rayner, New Jersey Lawsuit Reform Alliance’s executive director. “Yet it is the pharmacy that is being denied justice by today's legal system and the drug user who is benefiting from it.”
—Source: Ridgewood-GlenRock Patch (NJ); ridgewood.patch.com |
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Thursday, January 19 2012 |
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A man serving time for a 2007 DUI manslaughter charge now denies causing the crash and is suing the family of the now-deceased driver of the other car.
According to news sources, David Belniak has sued the estate of Ray McWilliams for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes. In the lawsuit, Belniak claims the money is for medical bills, "pain and suffering," and "loss of capacity for the enjoyment of life." Belniak was sentenced to 12 years in prison, where he remains.
Belniak’s attorney, Debra A. Tuomey, who is also his sister, said the government’s prosecution amounted to a character assassination and Belniak accepted a plea deal only to avoid risking getting a life sentence in trial.
In an interview with ABC News, Maureen M. Deskins, who is representing the estate of Ray McWilliams, could think of no tactical reason that might explain Belniak’s suit. There is an existing suit filed by the victims' relatives against Belniak.
“There aren’t any facts that support the allegation [Tuomey] is making,” Maureen M. Deskins, who is representing the estate of Ray McWilliams, said. “That’s why the victims’ family is breathless” at Belniak’s suit.
Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said. The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added.
—Source: abcnews.go.com |
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Thursday, January 12 2012 |
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A Sacramento (CA) woman is suing juice giant Tropicana, alleging it is using false advertising because its juice is not 100% pure and natural.
In a 25-page federal lawsuit, Angelena Lewis claims she would not have purchased the juice if the bottle had been labeled correctly. "While Tropicana claims that 'making Tropicana orange juice is truly an art' it is far more a science," said the complaint filed in Sacramento. "The resulting product does not taste like fresh squeezed orange juice."
Apparently, the bottle says the juice is pasteurized, which allows it to last longer on store shelves. Tropicana’s website says the Pure Premium brand has 16 fresh-picked oranges in each 59-ounce container. A statement issued by Tropicana indicated that it "remains committed to offering great-tasting 100 percent orange juice with no added sugars or preservatives. We take the faith that consumers place in our products seriously and are committed to full compliance with labeling laws and regulations."
According to news sources, some local shoppers weren't buying the lawsuit. “You want the real orange juice, well squeeze your own. No I’m sorry, then you know it would be 100%,” said Carnelia Smith, a shopper.
—Sources: sacramento.cbslocal.com, consumerist.com |
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Wednesday, January 04 2012 |
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A Chicago area woman is suing a local police officer after he used a $132 speeding ticket he issued to track her down to ask for a date, saying that the least he could do was buy her dinner for costing her so much money.
Evangelina Paredes is suing Stickney (IL) cop Chris Collins, alleging he violated her privacy by searching motor vehicle records for her address and then leaving her a handwritten note on her car windshield asking for a date.
A copy of the note was included with the filing in the U.S. District Court in Chicago, and said: "It's Chris...that ugly bald Stickney cop who gave you that ticket. I know this may seem crazy and you're probably right, but truth is I have not stopped thinking about you since. I don't expect a girl as attractive as you to...even go for a guy like me, but I'm taking a shot anyways."
“The letter caused plaintiff to suffer great fear and anxiety,” the lawsuit says. “Plaintiff could not believe that a police officer would use his access to her personal information to find her home and stalk her.”
The lawsuit also names Stickney Police Chief Joseph Kretch and the village of Stickney.
—Source: chicago.cbslocal.com |
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