Judge Kimberly J. Mueller of the Eastern District of California approved a settlement of a class action lawsuit on behalf of a nationwide class of owners and lessees of 2006–2011 Honda Civics with rear drum brakes. Plaintiffs Stacie Zakskorn, Javier Hidalgo, and Rachelle Schreiber alleged that these vehicles had a defective braking system, causing the front brake pads to wear prematurely. Because of the defect, the brake pads required replacement approximately every 7,500 to 15,000 …
Caddell & Chapman represented current and former workers at American Airlines who were members of the Transport Workers Union (“TWU”) and accepted early separation offers in connection with American’s bankruptcy. TWU decided not to distribute any share of American equity that it received on behalf of its members in connection with the bankruptcy to those members who had accepted early separation. Plaintiffs alleged that their exclusion from any share in the equity was arbitrary, discriminatory, …
What’s a corporate defendant to do when a class-action consumer plaintiff has it dead to rights? When a complaint clearly shows that the consumer has a valid claim and that thousands of others are in the same situation?
One strategy is to make an offer of settlement to the class representative. If the class representative accepts, his or her claim will be moot, and someone else will have to represent the class. Since most people …
The Internet age has distorted the meaning of “agreement” to a contract almost beyond recognition: companies hide disclaimers, conditions, and waivers of our rights in the fine print of mind-numbingly long agreements. Just by clicking on an “I agree” checkbox, consumers can be forced to sign away their privacy, their intellectual property, or even their right to sue in court. Modern life requires us all to click or sign our “agreement” to such terms …