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Case ID: 4925 | Consumer Products | 10/10/2006
The Illinois Supreme Court recently ruled that a lawsuit filed against Cingular Wireless can proceed as a class action.
The lawsuit against Cingular claims that a $150 cancellation fee charged to consumers when they change carriers is an improper penalty. The lawsuit claims consumers were unaware of the fee. The company argued that customers' contracts require them to take their claims, individually, to arbitration. The 5th District Appellate Court ruled recently that arbitration is required, but the arbitration can be done on behalf of an entire class of customers. The Supreme Court upheld that ruling. "We think it's clear that Cingular and other cell phone carriers put fine print language in their service agreement that attempts to take away consumer rights given by the legislature," said an attorney handling the case. "The legislature has the class action mechanism for a reason -- to allow consumers to band together in cases affecting many but where the money, like the $150 here, is a small amount. Fortunately, the Illinois Supreme Court did not allow Cingular to circumvent the legislature." Attorneys' for the plaintiffs claim that thousands of cellular customers are affected by the ruling. 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 Kahn Gauthier Swick is investigating possible legal actions on behalf of persons harmed by exposure to asbestos. It is estimated that half a million legal actions have been filed to recover for injuries and deaths resulting from asbestos. McDonald's faces multiple lawsuits that each claim the fast-food giant misled the public after it acknowledged that its french fries contain milk and wheat ingredients. One lawsuit, filed in Cook County Circuit Court in Illinois, alleges McDonald's falsely advertised that it was safe for people with dietary issues relating to the consumption of dairy items and wheat allergens to eat McDonald's french fries because they were gluten- and milk-free. Former heavyweight boxing champion George Foreman and a major national law firm have been named as defendants in a $50 million lawsuit brought by a food marketing company. The lawsuit alleges fraud and Interference with contract relating to a contract the company had with George Foreman Foods to market Foreman brand steaks nationwide. The lawsuit was filed in the Santa Monica branch of the Los Angeles Superior Court and seeks compensation for lost revenues as well as punitive and exemplary damages. Several class actions have been filed against premium bulk wine supplier Golden State Vintners, Inc. (Nasdaq:VINT), and certain of its officers and directors by stockholders who purchased the company's common stock between December 23, 2003, and April 23, 2004. 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. Latin music superstars Willy Chirino and Lissette Alvarez sued a Miami karaoke-recording company, claiming that it is illegally selling CDs with their photos and compositions. The lawsuit was filed in U.S. District Court as a class-action suit on behalf of all Latin music artists against Tropical Zone Group and its principal Tomás Gorrio. Despite making what it says was $5 million worth of repairs on more than 600 of its Central Florida homes for water damage that occurred last year, Levitt & Sons finds itself at the center of a class action lawsuit.
The damage at issue are allegations that shoddy construction practices caused homes in the community, which range in price from $130,000-$400,000, to leak long before three hurricanes blew through the region last year. The result, say homeowners, is mold -- now wreaking havoc on their lives and property values -- which has yet to be recognized or rectified by Levitt. |
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