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Case ID: 4550 | Consumer Products | 11/22/2005
Lawyers filed a lawsuit seeking class-action status against Florida Power & Light, in what appears to be the start of a lengthy battle between angry customers and a power company protected by the government from many legal claims.
The complaint filed in Miami-Dade Circuit Court charges the utility and the Public Service Commission with having ''no rational basis'' for forcing customers to pay $34 million to make up for ''lost revenue'' -- compensation to FPL for the money it lost because customers baked for days in the dark after three hurricanes last year. Built into the company's tariff -- the state-approved contract between the utility and its customers -- is a provision that customers cannot sue to recover money they lost simply because their power went out. The lawsuit alleges that FPL ``has routinely engaged in a practice of cutting staff to increase its profit margins.'' FPL has repeatedly said that the ''lost revenue'' surcharge was a misnomer, that it was recovering the cost of restoring power. The utility insists that the reliability of its infrastructure has fewer-than-average outages during non-hurricane times and that its system goes out only when there are extraordinary winds it can't protect against. 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 Consumer Products Cases of Interest Class action lawsuits were filed against soft drink makers in both Massachusetts and Florida claiming that the products contain unsafe levels of benzene, a known carcinogen. The suits state that the soft drinks manufactured by Polar Beverages Inc. of Worcester, Massachusetts, and In Zone Brands Inc. of Austell, Georgia, 'have a tendency to contain benzene at levels exceeding' the federal safety limit for drinking water. A nationwide class action has been filed in Ohio against life insurance giant, Lincoln National Life Insurance Company. The action is brought on behalf of all U.S. residents who purchased life insurance policies from Lincoln and paid for such policies upon delivery, but who were actually charged a premium based on the earlier "policy date" when the policy was approved. The action is brought under state law for breach of contract and unjust enrichment and seeks compensatory damages, disgorgement of profits and injunctive and declaratory relief. A class action has been filed against Leviton Manufacturing Company, Inc. on behalf of West Virginia residents whose homes have an allegedly unsafe type of electrical outlet--a back plug-in outlet--manufactured by Leviton in violation of state consumer safety laws. The action seeks unspecified compensatory damages.
A police officer's bulletproof vest can be the difference between life and death. A class action has been filed against Second Chance Body Armor, Inc. and its president and CEO, Richard C. Davis, on behalf of purchasers of Ultima and Ultimax bullet proof vests manufactured by the company during the past five years. The materials used in the armor allegedly biodegrades so that the vests lose their protective qualities, violating state consumer protection and defective product laws.
A class action has been filed against major tobacco companies on behalf of current and former light cigarette smokers in New York. The action alleges that the companies violated the federal Racketeer Influenced and Corrupt Organizations Act when they advertised light cigarettes as being less harmful than regular cigarettes despite knowing they deliver comparable amounts of tar and nicotine. A new lawsuit filed by New York attorneys against publisher Take Two Interactive is seeking class action status. The lawsuit is on behalf of purchasers of Grand Theft Auto San Andreas over the 'Hot Coffee' scandal. Florence Cohen says she bought the video game Grand Theft Auto: San Andreas for her 14-year-old grandson without knowing it contained hidden, sexually explicit scenes at a time when the controversial game was rated M (Mature), for gamers 17 years and over. Her suit is reported to be "on behalf of consumers nationwide".
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