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Case ID: 4440 | Miscellaneous | 09/28/2005
Locklear Electric of Wood River, Ill filed its second class action lawsuit in Madison County Circuit Court, again alleging that unsolicited faxes it received unfairly used its paper, toner ink and electricity.
In the Sept. 26 filing, Locklear claims My Overhead Corporation of Tallmadge, Ohio sent an advertisement via fax on May 18, 2005 without obtaining “prior express invitation or permission.” Represented by Illinois and Missouri attorneys, Locklear alleges the unsolicited fax violates the Federal Telephone Consumer Protection Act (FTCPA) and Illinois Consumer Fraud Act. The FTCPA provides that it is unlawful for any person to use a fax machine to send an unsolicited advertisement. Locklear claims My Overhead “willfully” sent or caused to be sent unsolicited fax advertisements, and therefore is liable for $1,500 in damages for each separate unsolicited fax sent. Locklear also is seeking an injunction to prohibit and prevent future violations. In order to keep the case in state court to comply with the Class Action Fairness Act, the suit claims “the aggregate of the class is less than $5 million" and no member of the class is seeking damages in excess of $75,000. Similar class action complaints were filed by Locklear against National Association of Preferred Providers on Feb. 23, against Inprovenet on April 18, and Kensington Lighting Corp. of Greensburg, Penn. on August 10, 2005. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Miscellaneous Cases of Interest A right-of-way agreement gives a company the right to come on some part of your land to conduct part of its business operations. A class action has been filed against utility Entergy Technology Holding Company and related companies on behalf of Arkansas, Texas, Louisiana, and Mississippi property owners who allege that the power utility placed fiber-optic cables on easements on their land without permission to do so in violation of state contract law.
The class has been certified in an action filed against the Roman Catholic Diocese of Covington, Kentucky, on behalf of persons who allege that between January 1, 1956, and the present, priests or members of religious orders employed by the Diocese sexually abused them while they were still minors, in violation of Kentucky common law. Class members should contact class counsel for more information. A class action lawsuit against several real estate agencies in Boise, Idaho was certified by a U.S. District judge. The lawsuit alleges that the agencies charge commissions on the sale of land and the eventual build of a house in a practice called "tying". A Burlington County Superior Court judge has granted class-action status to cases filed in connection with the July 2004 flood in Burlington County.
Judge Harold B. Wells found that the large number of claims, similarity of damages, and allegations against dam owners met the criteria for consolidating the cases as a class action. More than 9,000 people who received shots to ward off hepatitis A after an outbreak at a Chi-Chi's restaurant can make a claim in an $800,000 class-action settlement.
The federal judge overseeing Chi-Chi's bankruptcy has approved notice to the
9,489 people who got immune globulin shots from the Pennsylvania Department
of Health after the outbreak was publicized in early November 2003. The parties have reached a tentative $5.625 million settlement in a class action filed against Six Flags Theme Parks, Inc., on behalf of African Americans and Latinos who allege that park security guards harassed them and even ejected them from Six Flags’ Magic Mountain Park. Persons eligible to take part in the settlement should contact attorneys for the class as soon as possible. |
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