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Wellbutrin XL Antitrust Class Action Lawsuit

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The Wellbutrin XL Antitrust Class Action Lawsuit is entitled In Re: Wellbutrin XL Antitrust Litigation and revolves around claims that Biovail, GlaxoSmithKline illegally conspired to prevent the antidepressant Wellbutrin XL from becoming available to the US public. 

The lawsuit contends that the they filed “sham” patent lawsuits in order to prevent the drug from entering this highly lucrative market.  Wellbutrin XL did enter the market in December of 2006 but would have entered earlier if not for these sham patent that were filed.  A class member of this lawsuit is defined as anyone who  purchased generic Wellbutrin XL between November 14, 2005 and the present time frame in the states of California, Florida, Nevada, New York, Tennessee and Wisconsin.   The lawsuit explains that “[T]he defendants conducted a four-part scheme to delay the entry of generic equivalent of Wellbutrin XL into the market, primarily by misusing patent litigation. Specifically, the plaintiffs allege that the defendants (1) filed three sham patent litigations, (2) filed a sham listing with the FDA’s Approved Drug Products with Therapeutic Equivalence Evaluation (the ‘Orange Book’), (3) filed a baseless FDA citizen petition and suit against the FDA, and (4) formed agreements with potential generic competitors. The plaintiffs contend that the effect of these activities was to delay the market entry of cheaper, generic alternatives to Wellbutrin XL,”.  The lawsuit is under the jurisdiction of the United States District Court, Eastern District of Pennsylvania.  Please check back for more news and updates.

HP Office Jet Pro 8500 Defect Class Action Lawsuit

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The HP Office Jet Pro 8500 Defect Class Action Lawsuit revolves around claims that HP’s Office Jet Pro All-in-One printer (8500 series) has a defect that causes the printer to skip pages when printing.  A judge recently refused to dismiss the class action lawsuit.  The lawsuit is entitled Chaim Kowalsky, et al. v. Hewlett-Packard Company, et al and is in the jurisdiction of the United States District Court, Northern District of California, San Jose Division. 

Consumers have been complaining for years about this defect and it looks like they might be compensated at some point in the near future.  Judge Koh resides over the case.  He previously dismissed the case back in April but then the plaintiff, Chaim Kowalsky, filed an amended complaint in May and Judge Koh rejected the company’s latest motion to dismiss.   These printers suck is the bottom line.  Please check back for more updates and possible settlement information about the HP Office Jet Pro 8500 Defect Class Action Lawsuit.

 

Tri-Cities Lifestyle Center Class Action Lawsuit Settlement

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$100.00 or a discounted membership renewal rate is available to class members of the Tri-Cities Lifestyle Center Class Action Lawsuit under the settlement terms.  Class members in the lawsuit are defined as anyone who purchased club memberships (at Tennessee fitness club chain Tri-Cities Lifestyle Center) at guaranteed renewal rates of $75 per individual or $225 to $250 per couple that were not honored after January 1, 2005.  To be eligible for any type a settlement a class member must file a claim form by 09-14-11.  A claim form can be found at www.TriCitiesLifestyle.com.

National City Bank Overdraft Fee Class Action Lawsuit Settlement

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If you or someone you know was charged an overdraft fee from National City Bank (PNC) any time from July 1, 2005 through August 15, 2010 you could get a settlement payment of $100.00 or more from the National City Bank Overdraft Fee Class Lawsuit Settlement.

The lawsuit revolves around claims that National City Bank improperly assessed overdraft fees for insufficient funds on debit card purchases and ATM withdrawals in a number of ways that were unlawful, including by “re-sequencing” transactions in order to maximize the number of overdraft fees.  Claim forms can be found at the class admin portal at NationalCityClass.com.  All claim forms are due no later than 08-26-11 and can be submitted online or by mail.  The case is entitled Trombley, et al. v. National City Bank, et al.,  and a $12,000,000 settlement has been approved by the United States District Court for the District of Columbia.  Please note that National City was merged into PNC on November 6, 2009 and the lawsuit includes accounts transferred to PNC when it merged with National City in November 2009.  If you are a class member and do nothing you will get nothing.  All class members MUST file a claim in order to be eligible for a settlement payment. 

The Court appointed Hassan A. Zavareei and Jonathan K. Tycko, of Tycko & Zavareei LLP in Washington, D.C., (202) 973-0900, as “Settlement Class Counsel” to represent Settlement Class Members.  The deadline to file a claim is fast approaching.  Please go to Nationalcityclass.com here to file a claim online or print a claim form.

Wells Fargo and Fannie Mae HECM Reverse Mortgage Class Action Lawsuit

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A class action lawsuit is in the works against Wells Fargo and Fannie Mae over claims that they caused homeowners to loose their homes in unlawful foreclosures and evictions.  The HECM Reverse Mortgage Class Action Lawsuit revovles around a key term of reverse mortgages that were associated with loans sold by Wells Fargo and owned by Fannie Mae.  The lawsuit states that the companies failed to abide by the “95% Rule” term under reverse mortgages called “Home Equity Conversion Mortgages” (HECM). Under the HECM program, when a loan becomes due and payable, the borrower has the right to receive a 30-day notice that they may sell the HECM-mortgaged property for 95% of its current appraised value (the “95% Rule”), which amount may be less than the mortgage balance. The borrow can then sell or transfer the property for 95% of the appraised value, including to a family member. 

Wells Fargo is a publicly owned national bank and was the nations number 1 issuer of retail reverse mortgage loans.  In June of 2011 Wells Fargo announced they would no longer be in the reverse mortgage business due to unpredictable home prices but would still service existing reverse mortgage loans.  The lawsuit is entitled Robert Chandler v. Wells Fargo Bank and Federal National Mortgage Association a/k/a Fannie Mae and will be held in the United States District Court, Northern District of California, San Francisco Division case number CV-11-3831.  A complete copy of the Wells Fargo and Fannie Mae HECM Reverse Mortgage Class Action Lawsuit can be read here.

All Market Vita Coco Coconut Water Class Action Lawsuit

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 A class action lawsuit has been filed against All Market Vita Coco Coconut Water claiming that the amount of magnesium and sodium in Vita Coco coconut water was less than advertised and All Market knew or should of known.  This case will be held in the Federal District Court in Manhattan New York.  The lawsuit was filed on behalf of anyone who purchased Vita Coco water since 2007. 

The  All Market Vita Coco Coconut Water Class Action Lawsuit charges All Market with deceptive trade practices, false advertising and fraud.  All Market expects to do about $100 million in sales this year and charges around $2 for a 11-oz. carton of Vita Coco Coconut Water. 

Vita Coco spokesman Arthur Gallego states, “we are confident that Vita Coco continues to be an excellent, all natural source of hydration and that our products’ nutrition labels are accurate and in compliance with the FDA.”… we will see about that.

AIG Workers Compensation Class Action Lawsuit Settlement

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A $450,000,000 million dollar settlement has been reached in the National Council On Compensation Insurance, Inc. v. American International Group, Inc. et al., class action lawsuit.  This case was held in the United States District Court for the Northern District of Illinois and revolved around claims that AIG (American International Group)committed fraudulent under reporting of workers compensation premiums that cost workers billions of dollars in unpaid compensation for the purpose of reducing its share of the residual workers compensation market. 

Claims of under reporting workers’ comp claims have been surrounding AIG for years and it has finally caught up to them.  AIG stock closed at 25.10 down 4.92% for the day.

AT&T Residential Internet Service Class Action Lawsuit

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AT&T has been hit with another lawsuit over claims that they committed “unlawful practice of systematically overcharging customers for residential Internet service”.  The class members claim that AT&T promoted their plans for $19.99 monthly but then charged $40.00 for the same exact plan that was promoted as $19.99. 

The AT&T Residential Internet Service Class Action Lawsuit reads “As a result, consumers only receive the promotional pricing for 0 to 11 of the first 12 months of service, rather than 12 of the first 12 months, even though they contracted to receive the promotional pricing for 12 of the first 12 months of service,”.  These practices are in breach of the  Illinois Consumer Fraud and Deceptive Business Practices Act. 

A class member in this lawsuit includes anyone whom signed up for the $19.99 promo plan with AT&T but were billed the regular rate of $40.00 for all or part of the promo period.  The promotional period in question started on July 26, 2007 and runs to the present time.  The case is entitled Richard Sherman v. AT&T, Inc., Case No. 11CH26265 and is in the jurisdiction of the Circuit Court of Cook County, Illinois.

The law firm of ASCHENBRENERLA W, P.C. will be defending this case. 

ASCHENBRENERLA W, P.C.

10 South Riverside Plaza, Suite 1800, ChicagoI,llinois 60606

Telephone ( 31 2)4 62-4922

A copy of the lawsuit can be read here: http://www.courthousenews.com/2011/07/27/AT&T.pdf

NC Advance America Settlement

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Payments are being made in the Kucan v. Advance America class action lawsuit.  This is case no. 04-CVS-2860 of the Superior Court of New Hanover County, in Wilmington, North Carolina.  This lawsuit revolved around claims that Advance America charged illegal fees and interests rates on payday loans, including payday loans with annual interest rates allegedly higher than 450 percent, purportedly in violation of state payday loan laws.  The final distribution of payments in this case should occur during the second quarter of 2012.  It is estimated that over 140,000 consumers in North Carolina will be effected by this lawsuit. Class member included anyone whom obtained a payday loan from Advance America or National Cash Advance on or after March 1, 2003.  The cash available for distribution to a particular Class Member will be allocated based on the amount of that Class Member’s fees to the amount of all fees paid by all Class Members.  More information can be obtained at www.ncadvanceamericasettlement.com.

Muscle Milk False Advertising Class Action Lawsuit

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Muscle Milk is in some hot water over claims of false advertisement.  Muscle Milk Ready-to-Drink and Muscle Milk Bars claim that they are healthy, nutritious, and should be regularly consumed to help them live a healthy lifestyle.  Here is the problem Muscle Milk has the same number of calories and almost as much fat and saturated fat as a “Glazed Kreme Filling” Krispe Kreme doughnut!  Would you eat a Kripe Kreme doughnut after a workout?  Class members in this lawsuit are all U.S. residents who purchased Cytosport’s “Muscle Milk Ready-to-Drink” and/or “Muscle Milk Bars” products during the period of July 18, 2007 through the present. 

The lawsuit is entitled Claire Delacruz v. Cytosport, Inc., Case No. 11-cv-3532, and is out of the United States District Court, Northern District of California.  The lawsuit claims that the Muscle Milk Products are equivalent to fat-laden junk food.  You actually might be better of eating a snickers bar before your workout.  Please go here for a copy of the Muscle Milk False Advertising Class Action Lawsuit.