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Case ID: 4605 | Consumer Products | 01/16/2006
A Prairietown, Illinois man filed a class action complaint against Sealy Mattress and Famous Barr because they refused to replace his sagging, stained bed.
David Rook filed his lawsuit Feb. 18, 2005, alleging that the manufacturer and retailer refused to honor an "anti-sag" warranty to replace his bed because it had a stain. In 2002, he says he paid $1,000 for a Sealy queen pillow top mattress at Famous Barr in Alton with a 10-year warranty. The bed sagged two years later and Sealy replaced it, this time with a Crown Jewel mattress. Rook claims his replacement Crown Jewel also sagged and he wanted another replacement, but Sealy refused, citing a mattress stain voids his warranty. According to his complaint, Rook and potential class members were deceived and would not have purchased the mattress if they knew a stain would void the warranty. Rook is seeking damages under the Illinois Consumer Fraud and Deceptive Practices Act for "less than $50,000" per class member, including all compensatory damages, attorney fees and costs. 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 A class action lawsuit has been filed in the District Court of New Jersey against Bayer AG, a pharmaceutical company based in Germany with offices nationwide, for price fixing. Class members seek triple damages, attorney's fees, and the costs of the litigation. A settlement valued at 65 Million dollars has been reached in the consolidated action concerning alleged efforts by drug manufacturer Smith Kline Beecham to delay or impede the release of generic versions of the antidepressant drug Paxil, in order to continue selling the name brand drug at higher cost. On November 18, 2004 court ordered notification of potential claimainst began. Notices will be mailed, and are scheduled to appear in newspapers and magazines all over the United States, leading up to a hearing on March 9, 2005, when the Court will consider whether to approve the settlement. A class action lawsuit has been filed in the District Court of Southern California against Universal Life Resources (ULR), an insurance broker that provides professional services concerning sponsorship, implementation and/or modification of employee-benefit plans, alleging conspiracy and fraudulently marketing, selling and administering insurance products through employee-benefit plans. Class members seek declaratory and injunctive relief, damages, costs and expenses of the action. 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. The Illinois Supreme Court recently ruled that a lawsuit filed against Cingular Wireless can proceed as a class action. An administrative proceeding has been filed by the Federal Trade Commission against Boston-area marketers Direct Marketing Concepts, Inc., ITV Direct, Inc., along with business partners Healthy Solutions, LLC, and Health Solutions, Inc., Triad ML Marketing, Inc., and King Media, Inc., on behalf of all persons who purchased the dietary supplements “Supreme Greens with MSM” and “Coral Calcium Daily.” The action alleges that the companies falsely promoted the supplements as a means to treat, cure, and prevent cancer and other diseases, and to cause significant weight loss, in violation of the federal FTC Act. |
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