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Case ID: 4874 | Consumer Products | 07/25/2006
A physician education company filed a lawsuit against the second-largest commercial property owner in Dallas. The lawsuit alleges negligence in handling confidential private information and breach of contract.
Falcon Physician Reviews, Inc., filed suit in Dallas against Younan Hospitality Group LBJ Dallas, L.P. d/b/a Holiday Inn Select North Dallas, which is owned by real estate investor Zaya S.Younan, who also owns 4 million square feet of office and lodging space in Dallas. Among Younan's properties is the Holiday Inn Select Dallas-North, where the lawsuit alleges that mishandling of certain credit card information took place between September and November of 2005 after students and teachers stayed for several weeks at the hotel. Falcon Physician Reviews conducts intensive courses to help medical school students study for the U.S. Medical Licensing Examination, which they must pass to practice in the USA. "Losses from fraudulently charged credit cards were substantial," said an attorney handling Falcon Physician Reviews' lawsuit. Some 25 of Falcon Physician Reviews faculty and students were affected, according to the lawyer. "Credit card losses could just be the beginning, we hope these issues are contained since identity theft may cause more vulnerability over time" the attorney continued. Other hotel guests not related to Falcon Physician Reviews may also have been affected, but the numbers and extent of their losses is not known at this time, claims one of the lawyers handling the case. Attorneys claim that Falcon's allegations that the hotel mishandled this highly sensitive personal information could violate the Texas statute requiring businesses to destroy documents containing such information before disposing of them. The fine under the Texas statute is up to $500 per customer record. "Falcon Physician Review's reputation has been damaged by the Holiday Inn's actions," said Falcon Physician Reviews' Academic Director. "In addition to having their credit stolen, our students education was compromised by the Holiday Inn's failure to provide basic hotel services such as Internet access. If their education is compromised, their careers might be compromised." The lawsuit also claims that the Holiday Inn Select Dallas-North violated its contract with Falcon Physician Reviews by not providing audio/visual equipment, high-speed Internet access, and proper on-site storage. These broken promises imposed hardships on students during their studies and harmed Falcon Physician Reviews' reputation, the suit charges. The lawsuit seeks to represent any Holiday Inn Select- Dallas North guest that stayed at the hotel in November 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 Consumer Products Cases of Interest On April 16, 2002, Ames True Temper, Inc. recalled about 650,000 wheelbarrows as a result of possible issues with plastic assemblies and rims. When filled with compressed air, the plastic wheelbarrow rims may break or even explode. This can cause plastic shards from the explosion to fly out possibly injuring consumers. In 2004, Intuit Inc., the makers of the popular financial planning software Quicken, began migrating its Quicken Bill Pay customers from a service run by CheckFree to a new online bill management application made by Metavante. Kahn Gauthier Swick, LLC (“KGS”) has filed the first class action lawsuit against China Sunergy Co. Ltd. (“China Sunergy” or the “Company”) (NasdaqGM: CSUN) in the United States District Court for the Southern District of New York, on behalf of shareholders who purchased the common stock of China Sunergy in connection with the Company’s IPO on or about May 17, 2007, or who purchased shares thereafter in the open market. No class has yet been certified in this action. A statewide class action has been filed in Florida against mortgage service specialist, Green Tree Servicing, LLC. The action is brought on behalf of all Florida residents whose mortgage was transferred to Green Tree for servicing and who did not receive a notice of transfer within the federally mandated 15 day period. The action is brought under the federal Real Estate Settlement Procedures Act and seeks a minimum of $1000 in statutory damages per class member as well as compensatory damages where appropriate. If you are looking for an electronic technology gadget, Best Buy probably has it. Several class actions have been filed against technology store operator Best Buy Company, Inc. (NYSE: BBY) and certain of its officers and directors by stockholders who purchased the company's common stock between January 9, 2002, and August 7, 2002. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. On June 24, 2005, The U.S. Supreme Court handed a victory to 11,000 small gas station owners in the longstanding class action battle against ExxonMobil Corp.
The case centered on Exxon's August 1982 discount-for-cash program, which promised station owners a price cut for gas to offset a new credit card fee the oil company was charging them. The station owners alleged that Exxon, which later merged with Mobil, eliminated the price discount seven months later, yet for years continued to tell stations that it was providing the discount. |
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