Damian Idiart
Attorney at Law

THE WORLD'S LARGEST PERSONAL INJURY BLOG

Class-action lawsuit after farmers' information stolen

REGINA — A Regina law firm is planning a class-action lawsuit on behalf of thousands of farmers after a laptop containing their personal information was stolen.

The Merchant Law Group has filed papers in Court of Queen's Bench saying it intends to pursue the federal government and the Canadian Canola Growers Association.

In March, a laptop was stolen from the association, which administers Agriculture Canada's advance payments to farmers.

Some of the information on the computer included bank account information and social insurance numbers.

The association has said the computer was password protected, but the lawsuit alleges the information was not encrypted and the laptop was not stored in a secure place.

Some farmers were angry when they found out about the theft because it took the federal government more than two months to send out letters warning that the information was missing.

About 32,000 farmers were alerted to the breach.

http://canadianpress.google.com/article/ALeqM5g5hq4N-UzXHPjpWmRUCqfB0XEJ3w

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Posted by Damian Idiart at 6/19/2008 7:49 AM | View Comments (0) | Add Comment | Trackbacks (0)
Class Action Law Suit Against Manufacturer and Distributor of Digitek, a Widely Used Heart Drug
SANTA ANA, Calif. - (Business Wire) A class action law suit was filed today in U.S. District Court, Central District, on behalf of a California man and other individuals suffering from heart disease who unknowingly took a double dose of Digitek, a strong heart medication that elevated their heart rate to a dangerous, and possibly deadly, level.

The suit was filed on behalf of Richard Spangle, a resident of Santa Ana, CA, by the Newport Beach, CA, law firm of Capretz & Associates against the following companies, all of which are involved in the manufacture, distribution and marketing of Digitek:

  • Actavis Totowa, LLC, Totowa, NJ
  • Actavis Group PTC, Dalshraun, Iceland
  • Mylan Bertek Pharmaceuticals, Inc., Sugar Land, TX

According to the law suit, the Federal Drug Administration initiated on April 25, 2008, a Class I nationwide recall of all Digitek tablets regardless of strength. The recall was in response to Actavis Totowas discovery that a certain number of the tablets that it had manufactured, and Mylan Pharmaceuticals distributed in the U.S., were twice the standard dosage, endangering the patients taking the more powerful pills.

http://www.earthtimes.org/articles/show/capretz-amp-associates-files-class,434633.shtml

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Posted by Damian Idiart at 6/19/2008 7:47 AM | View Comments (0) | Add Comment | Trackbacks (0)
South Florida: Family gets $35 million in malpractice suit
A Broward County jury Friday awarded a Lauderhill family $35 million in a medical malpractice lawsuit that accused Broward General Medical Center of causing irreversible brain damage to their child by botching the delivery, the family's attorneys said.

For Denise and David Brown, whose 8-year-old son, Darian, is profoundly mentally impaired, the verdict means finally being able to afford a van with a wheelchair lift and help for his round-the-clock care, said attorney David Prather.

To care for Darian, his father worked nights at American Express while Darian's mother worked days, Prather said. Denise Brown is a manager at a J.C. Penney store and the mother of three other young children.

Darian cannot feed himself, cannot walk, cannot make decisions, and is so profoundly impaired he will require a lifetime of care, Prather said.

http://www.sun-sentinel.com/news/local/palmbeach/sfl-flpn3bdig06142pnjun14,0,6696407.story

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Posted by Damian Idiart at 6/19/2008 7:45 AM | View Comments (0) | Add Comment | Trackbacks (0)
$13.5M settlement in girl's E. coli-related death

MILWAUKEE - Eight years after a 3-year-old girl died from exposure to tainted meat at a Sizzler restaurant, her family reached a $13.5 million settlement with the company's meat supplier and others, according to court records.

The settlement is among the largest in the nation involving a food-borne illness, according to William Cannon, a lawyer for the family.

Brianna Kriefall and her family had eaten at a Sizzler in South Milwaukee in July 2000. While Brianna didn't eat meat during the meal, lawyers argued that the watermelon she ate had touched tainted meat.

She died a week later after battling E. coli-related hemolytic uremic syndrome, which causes kidney failure and low blood-cell counts. Another 140 people fell sick in the outbreak at two Sizzler restaurants.

http://news.yahoo.com/s/ap/20080615/ap_on_re_us/sizzler_lawsuits_1

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Posted by Damian Idiart at 6/19/2008 7:44 AM | View Comments (0) | Add Comment | Trackbacks (0)
Firm to pay $25m in club fire settlement
PROVIDENCE
A company that made insulation used in a Rhode Island nightclub that burned down five years ago has agreed to pay $25 million to the survivors of the fire and relatives of the 100 people killed. The settlement with Sealed Air Corp., a company based in Elmwood Park, N.J., was disclosed in court papers yesterday. It is the latest settlement stemming from the February 2003 fire at The Station nightclub in West Warwick that began when pyrotechnics for the band Great White ignited flammable soundproofing foam on the club's walls. More than $147 million has been offered to survivors and victims' relatives in settlements. (AP)

http://www.boston.com/news/local/massachusetts/articles/2008/06/14/firm_to_pay_25m_in_club_fire_settlement/

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Posted by Damian Idiart at 6/19/2008 7:42 AM | View Comments (0) | Add Comment | Trackbacks (0)
Family of pilot killed in midair collision sues Kemper Aviation
A recently shuttered flight school is facing a wrongful death lawsuit brought by the family of a student who died last year in a midair collision.

The December crash that killed Cleon Alvares, 25, and another pilot was one in a series of three fatal accidents involving Kemper Aviation in a five-month span. The flight school west of Lantana closed after the third crash, which killed four, including Kemper's co-owner Jeff Rozelle.

Alvares' family accuses the flight school of failing to properly repair and maintain its fleet, allowing Alvares to go up in an unsafe single-engine Cessna 152, according to the Broward Circuit Court case filed last week. Alvares, an engineer from Mumbai, India, collided with a Piper Twin Comanche piloted by Harry Duckworth, 56, of Waverly, Pa., at about 2,000 feet over the Everglades near Parkland.

http://www.sun-sentinel.com/news/local/southflorida/sfl-flbkemper0614sbjun14,0,1070788.story

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Posted by Damian Idiart at 6/19/2008 7:38 AM | View Comments (0) | Add Comment | Trackbacks (0)
Legal Drugs Kill Far More Than Illegal, Florida Says

MIAMI — From “Scarface” to “Miami Vice,” Florida’s drug problem has been portrayed as the story of a single narcotic: cocaine. But for Floridians, prescription drugs are increasingly a far more lethal habit.

An analysis of autopsies in 2007 released this week by the Florida Medical Examiners Commission found that the rate of deaths caused by prescription drugs was three times the rate of deaths caused by all illicit drugs combined.

Law enforcement officials said that the shift toward prescription-drug abuse, which began here about eight years ago, showed no sign of letting up and that the state must do more to control it.

http://www.nytimes.com/2008/06/14/us/14florida.html?_r=1&ref=health&oref=slogin

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Posted by Damian Idiart at 6/19/2008 7:37 AM | View Comments (0) | Add Comment | Trackbacks (0)
Brower Piven Announces the Filing of a Class Action Lawsuit Against Fidelity Ultra-Short Bond Fund
BALTIMORE, MD -- 06/18/08 -- Brower Piven, A Professional Corporation announces that a class action lawsuit has been commenced in the United States District Court for the District of Massachusetts on behalf of purchasers of the Fidelity Ultra-Short Bond Fund ("Fund") (NASDAQ: FUSFX) who purchased the Fund between June 6, 2005 and June 5, 2008, inclusive (the "Class Period").

The complaint charges Fidelity Management & Research Company ("Company") and certain related entities, among others, with violations of the Securities Act of 1933. The Company is the investment advisor to the entire group of mutual funds under the Fidelity name.

No class has yet been certified in the above action. If you are a member of the proposed Class, you may, no later than August 4, 2008, ask the Court to allow you to serve as lead plaintiff for the proposed Class. To serve as a lead plaintiff, you must satisfy certain legal requirements. In making your decision, you should take into account that those with large financial losses resulting from the alleged federal securities law violations are given preference in being appointed lead plaintiff.

http://www.earthtimes.org/articles/show/brower-piven-announces-the-filing,438886.shtml

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Posted by Damian Idiart at 6/19/2008 7:33 AM | View Comments (0) | Add Comment | Trackbacks (0)
Texas Class Action Lawsuit Filed Against LifeLock Alleging Deceptive Marketing Practices
Marks & Klein, LLP has filed its sixth class action lawsuit against LifeLock, Inc., a provider of identity theft protection services, and its CEO Richard "Todd" Davis. The lawsuit was filed earlier this week in the U.S. District Court for the Eastern District of Texas, Marshall Division (Docket No. 2:08-cv-00242), on behalf of Tommy Ly of Harrison County, as well as all other LifeLock subscribers in Texas.

This latest action follows similar suits against LifeLock filed by Marks & Klein in Florida, California, West Virginia, Maryland and New Jersey. They allege LifeLock's multi-million-dollar advertising campaign misled consumers by dramatically overstating the level of identity protection the company provides, and by falsely suggesting its customers could receive up to $1 million in reimbursements should LifeLock fail to protect them from identity theft. Moreover, the suits allege, the CEO himself has had his own identity stolen at least 20 times while supposedly under the protection of LifeLock.

In recent months, Marks & Klein has received multiple calls from LifeLock customers for whom the company's primary service -- the placement and constant renewal of fraud alerts on its subscribers' credit profiles -- has offered no protection from identity theft, noted David Paris, a Marks & Klein attorney and lead counsel in the class actions. An example is 25-year-old Nathaniel Faulhaber of Parsonsburg, Md., who began paying $10 a month for LifeLock's services in May 2007 but later learned an identity thief had obtained a total of five credit cards in his name -- all while Faulhaber was under the purported protection of LifeLock. "Not only did the primary service not work, but he also found LifeLock's guarantee to rectify any defect in that service to be useless," Paris said. "LifeLock and the third-party entities it employs have provided so little meaningful assistance to Faulhaber that, ironically, he now finds himself in the same situation he would have been in had he never paid LifeLock a dime."

According to the Complaints, potential LifeLock subscribers are enticed by the 'safety net' of what appears to be a $1 million insurance policy against any losses sustained as a result of identity theft. To add to this impression of safety, the company's national media marketing campaign showcases CEO Davis broadcasting his own social security number as testimony to his confidence in LifeLock's services.

But the Tempe, Ariz.-based operation appears to have been founded in deception, Paris charged. As noted in the Complaints, for example, Davis and initial LifeLock co-founder Robert Maynard have repeatedly claimed that Maynard hatched the idea for LifeLock while serving seven days in jail for a crime committed by a thief who had stolen Maynard's identity. "Numerous in-depth investigations have revealed that the story Maynard was spinning, along with CEO Davis, was false," Paris said. "Maynard had actually been arrested for reneging on a $16,000 marker at the Mirage Hotel and Casino in Las Vegas."

Deron Dacus of Tyler-based Ramey & Flock serves as local counsel for the Texas action, which seeks to recover the money subscribers have paid to LifeLock and to prohibit the company from continuing to promote its services through its deceptive marketing campaign. Marks & Klein plans to file similar actions on behalf of consumers in other states. LifeLock presently has approximately 1 million subscribers across the United States.

LifeLock customers seeking information about or participating in the class action should contact David Paris at Marks & Klein, (732)-747-7100.

http://www.sunherald.com/prnewswire/story/633170.html

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Posted by Damian Idiart at 6/19/2008 7:31 AM | View Comments (0) | Add Comment | Trackbacks (0)
Restoration Hardware Class Action Payout Still Leaves Shareholders Short

Shareholders of Restoration Hardware (RSTO) are the beneficiaries of a class action lawsuit against the buyout that saw the firm go to the low private equity-backed bid rather than the higher bid from Eddie Lampert’s Sears Holdings (SHLD). Shareholders will receive an extra $0.19 per share from the litigation in addition to the $4.50 merger consideration. After legal fees, total payout should be roughly $4.63, a 2.9% increase over the price negotiated by the board. Nothing to make you rich, but a lot more than the annual dividend yield of the S&P index. The extra payout explains why Restoration Hardware trades currently a few cents above the $4.50 merger consideration.

The Restoration Hardware settlement is atypical in that the payment has been agreed well before the merger has closed. Shareholders approved the $179 million acquisition by private equity firm Catterton Partners only last week, and the settlement of the litigation was announced a day before the shareholder meeting. For the most part settlements are struck years after the deals have closed.

http://seekingalpha.com/article/81804-restoration-hardware-class-action-payout-still-leaves-shareholders-short

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Posted by Damian Idiart at 6/19/2008 7:29 AM | View Comments (0) | Add Comment | Trackbacks (0)