Current cases and investigations
Toyota RAV4 Class Action Settlement
On January 6, 2012, the Honorable Richard Seeborg, District Court Judge for the Northern District of California, granted final approval of a class action settlement which will benefit current and former owners of 2001-2003 Toyota RAV4 Vehicles with an automatic transmission. The lawsuit alleges that the 2001-2003 model Toyota RAV4 Vehicles were equipped with defective Engine Control Modules (“ECMs”), which cause drivers to experience “hard shifting” and ultimately results in the automatic transmission failing prematurely. “The settlement is an excellent result for consumers,” said Andrus Anderson partner, Jennie Lee Anderson, who the Court appointed co-lead counsel for plaintiffs and the class in the case. “It ensures that current and former Vehicle owners will either have their Vehicles repaired under 10-year or 150,000 mile extended warranty program or be fully reimbursed for the costs of prior repairs.” For further information about the settlement or to file a claim, class members should visit the Toyota RAV4 Class Action Settlement Website.
Yasmin/Yaz Side Effects Litigation
Andrus Anderson represents women who have suffered one or more of the following after taking Yasmin or Yaz birth control: blood clots (including deep vein thrombosis and pulmonary embolism), gall bladder disease, heart attack, stroke, kidney failure, liver failure or cardiac arrhythmias. The primary concern with Yasmin and Yaz is that the active ingredient, drospirenone, increases potassium in the blood to dangerous levels.
For more information on the potential dangers of Yasmin and Yaz, or to speak to an attorney, please contact Anderson Anderson LLP by clicking here.
Depuy Artificial Hip Recall
On August 26, 2010, DePuy Orthopedics, a unit of Johnson & Johnson, announced the recall of its hip implants known as the ASR XL Acetabular and ASR Hip Resurfacing systems (“DePuy ASR hip”). The DePuy ASR hip is an all-metal artificial hip implanted in 40,000 patients in the U.S. from August 2005 through August 2010.
In February 2011, the Food and Drug Administration stated that there are “unique risks” for “metal-on-metal” artificial hips, such as the DePuy ASR hip, because the metal-on-metal design can result in tiny metal ions wearing off and damaging nearby tissue. Patients who have received all metal implants should be aware of potential symptoms which may occur after surgery that may indicate that their device is not functioning properly. Patients who have experience problems with the recalled hips may forced to undergo revision surgery.
Common symptoms may include:
•Pain in the groin, hip or leg
•Swelling at or near the hip joint
•A limp or change in walking ability
If you have a DePuy Hip that is subject to this recall, please contact us to learn more about the recall and your legal rights. If your device is not functioning properly, you may be entitled to compensation for your pain, suffering, physical injuries, cost of replacement surgery and other financial difficulties suffered as a result of a artificial hip failure. The complaints charge that DePuy concealed from patients and physicians that its ASR hip implant was defective.
Option ARM/Truth In Lending Litigation
Andrus Anderson LLP represents homeowners in several matters pertaining to deceptive loan products, including Ralston v. Mortgage Investors Group and Countrywide Home Loans, a case alleging that Countrywide created and maintained a correspondent lending program through which correspondent lenders sold Pay Option ARM loans that failed to disclose critical information such as the true interest rate on the loan and that negative amortization was certain to occur if the borrower adhered to the payment schedule provided by the defendants. For more information about these cases, please contact us.
Terminix (Service Master) Wage and Hour Litigation
Andrus Anderson LLP represents Terminix service technicians in a federal lawsuit brought on behalf of a proposed nationwide collective action under the Fair Labor Standards Act. “Service Technicians” include pest control technicians and termite control technicians. The lawsuit alleges that Terminix (Service Master) does not pay its service technicians for all hours worked and for overtime, as required by law.
If you believe you have been wrongly denied pay by Terminix, please contact Andrus Anderson LLP today.
California State University Wage and Hour Litigation
Andrus Anderson represents California State University-East Bay (Cal State) English as a second language (ESL) teachers in a class action in Alameda County Superior Court. The lawsuit, Nelson et al., v. California State University, East Bay Foundation, Inc., was filed on March 23, 2009 (Case No. RG09442869).
In their complaint, current and former ESL teachers allege that Cal State has not paid them for all hours worked, as required under California’s labor laws. Specifically, the teachers claim that Cal State’s refusal to pay for all time worked outside of the classroom (including preparation time, grading time and time spent meeting with students), violates California Wage Order 4-2001 and California’s Business & Professions Code § 17200. Additionally, the lawsuit alleges breach of contract, failure to pay waiting time penalties to former teachers, and failure to maintain accurate time keeping records.
The ESL teachers seek certification of a class of ESL teachers who have not been paid for all hours worked since March 23, 2005, and, among other things, seek back pay with interest, restitution, and civil penalties.
If you are an ESL teacher and have been denied pay for time spent outside of the classroom, we would like to learn more about your experience as part of our investigation. Please click here to submit your complaint.
Honda-Michelin PAX Run Flat Tire Litigation
Andrus Anderson LLP represents plaintiffs in statewide and nationwide class actions regarding vehicles manufactured by American Honda Motor Co., Inc., equipped with the PAX® Tire and Wheel Assembly System manufactured by Michelin North America, Inc. In these lawsuits, plaintiffs allege that Honda and/or Michelin failed to disclose and concealed material information relating to the PAX Systems “run-flat” tires installed on certain Honda and Acura vehicles, including certain 2005-2009 Honda Odyssey Touring Models and Acura RLs. Among the material information allegedly concealed was that PAX System tires are significantly more expensive to repair or replace than conventional tires, that repair and replacement of the tires is unreasonably inconvenient and that the PAX tires wear prematurely.
On January 21, 2009, the Honorable Roger W. Titus of the U.S. District Court for the District of Maryland, preliminarily approved a nationwide settlement in a consumer class action, which was filed on behalf of Plaintiffs from various States against Honda and Michelin. The Court approved the parties’ proposed Settlement Agreement. The Settlement was negotiated over a number of months with the assistance of a nationally recognized mediator on behalf of Plaintiffs in all of the pending cases and on behalf of a proposed nationwide class with Honda and Michelin.
For settlement purposes, the Court preliminarily certified a class consisting of all person or entities who currently own or lease, or previously owned or leased, a Honda Odyssey Touring edition model or Acura RL model equipped with the “Technology Package,” which included Michelin’s PAX® Tire and Wheel Assembly in the United States. A final settlement fairness hearing has been set by the Court for June 23, 2009.
Click here to contact us regarding PAX litigation.
Ortho Evra Birth Control Patch
Andrus Anderson LLP represents women who have been harmed by the Ortho Evra birth control patch, manufactured by Ortho-McNeil and Johnson & Johnson. Ortho Evra has been found to increase the risk of stroke and dangerous blood clots, and has been linked to strokes, heart attacks, and deaths in women.
Antitrust Matters
Andrus Anderson LLP represents businesses and consumers in a variety of antitrust cases alleging illegal price fixing, unlawful abuse of monopoly power or other anticompetitive conduct harmful to consumers. Antitrust matters on which AA LLP serves as class counsel include the following cases: In re TFT-LCD (Flat Panel) Antitrust Litigation, No. 07-cv-01827 SI, In re Cathode Ray Tube (CRT) Antitrust Litigation, No. 07-5944 SC, In re Transpacific Passenger Air Transportation Antitrust Litigation, Case No. 07-05634 CRB, and Precision Associates, et al. v. Panalpina World Transport, et al., Case No. 08-00042-JG-VVP. Please contact us for more information.
Home Mortgage Lending Discrimination Cases
Andrus Anderson LLP represents African American homeowners in In re Wells Fargo Mortgage Lending Practices, MDL No. 1930, seeking redress for the discriminatory impact of defendants’ home mortgage policies and practices. Specifically, plaintiffs allege that defendants use a discretionary pricing policy that results in African-Americans and Latinos paying more for their mortgages and on worse terms than similarly-situated whites.
If you believe you have been the victim of discrimination in mortgage home lending, please click here to contact AA LLP about your case.