Trilegiant / TLG - Bogus "Membership Programs"
Complex Litigation Group is currently prosecuting an omnibus class action against Trilegiant, its parent company Affinion, their partner merchants such as 1-800 Flowers, Classmates.com, and several credit card companies such as Chase for using fraudulent marketing tactics to enroll consumers in various "membership programs," and charging a recurring monthly fee without their proper consent. (A copy of the Trilegiant Complaint can be found by clicking here.)
While consumers are completing the checkout process after buying goods or services online from merchants such as 1-800-Flowers.com, Classmates.com, Hotwire.com, and FTD, among others, the consumer may be presented with a pop-up window that appears to come from the online merchant offering an up-front gift, such as a cash back offer. The popup may offer this award and in the very small print indicate it is related to a membership program for a buying discount club that might have a name such as LiveWell, Great Fun, Shopping Essentials, Privacy Guard, Shoppers Advantage, Travelers Advantage, Buyers Advantage, Privacy Guard (or Credit Alert), HealthSaver, Netmarket.com, CompleteHome, Great Options, Everyday Values, Auto Advantage, Complete Savings, HealthSaver, Just For Me, Everyday Privileges Gold, IdentitySecure, CardCops, PC SafetyPlus, and Hot-Line.
Even though these offers appear to be made by these online companies, they are in fact made by Trilegiant/Affinion who obtains the consumers' credit card information from these online companies to charge the recurring fees to the consumers' credit card without ever obtaining the consumers' proper consent. The credit card companies, such as Chase, Bank of America, and American Express, repeatedly process these charges despite the credit card fraud alert associated with these charges.
Complex Litigation Group is proposed co-lead counsel in the cases against Trilegiant and its co-defendants in United States District Court for Connecticut.
Moldy "Front Load" Washing Machines
Complex Litigation Group is currently prosecuting several class actions against manufacturers of "Front Load" Washing ("FLWs") machines that have an alleged design defect that results in mold buildup and foul odors. (Click here to see a picture of a Moldy FLW.) (Click here to see a picture of a Moldy FLW) CLG currently has class actions pending against Whirlpool, Kenmore, LG, Bosch, GE, and Miele. (A copy of the GE Complaint can be found by clicking here.)
CLG is also investigating cases against other manufacturers, including Samsung, Maytag (machines purchased after 2004), and Frigidaire for Mold and Odor problems in their FLWs. These machines fail to self-clean and develop mold and odors. These machines also require a high level of maintenance consisting of running extra empty cycles and purchasing additional cleaning products (such as "Affresh") to help reduce the Mold and/or Odor problem.
The Ohio Federal District Court (Judge Gwin) presiding over the Whirlpool Multi-District Litigation certified a statewide (Ohio) class of people who own Whirlpool FLWs, and on May, 3, 2012, the United States Court of Appeals for the Sixth Circuit affirmed Judge Gwin's certification of the Ohio Class.
A copy of the District Court's Certification Order can be found by clicking here, and a copy of the Sixth Circuit Court of Appeal's Opinion can be found by clicking here. Motions to certify additional state classes are pending, as are motions to certify classes in LG and Kenmore.
If you have a Front Load Washing Machine with Mold or Odor Problems, or would like more information about any of the above cases, please contact us at Info@ComplexLitGroup.com.
Medical Reimbursement Class Actions
Reducing "Usual Customary Reasonable" Payments
Allstate Insurance Company/UCR Litigation
Complex Litigation Group is proposed lead counsel in proposed class action lawsuit challenging Allstate Insurance Company's reduction of medical expense reimbursements submitted by medical providers to Allstate. Allstate accomplishes this reduction by using allegedly biased Mitchell "Decision Point" software. Widoff D.C. et al. v. Encompass Ins. Company of America, Allstate Ins. Co and Mitchell Int'l, Inc., No. 10-cv-8159 (N.D. Ill.). (A copy of the Allstate Complaint can be found by clicking here.)
Allstate and other insurance companies use this software to chisel reimbursement payments to medical providers and insured persons. In March 2012, Judge Hibbler denied Allstate's motion to dismiss the contract count. (A copy of the Court's Memorandum Opinion and Order can be found by clicking here.)
Complex Litigation Group is also investigating cases against other auto insurance companies. If your medical reimbursements were reduced, please contact us at Info@ComplexLitGroup.com.
Group Health Out-of-Network/UCR Litigation
Complex Litigation Group has long been at the forefront of litigation against the insurance industry's use of flawed and fraudulent computerized fee programs such as Ingenix. Many group health insurers used allegedly biased Ingenix data to calculate "usual and customary" (UCR) reimbursement deductions for out-of-network treatment, and to cheat patients and medical providers out of money.
Complex Litigation Group is currently involved in UCR Group Health cases against Aetna, Wellpoint and Cigna, among others. E.g., In re: Aetna UCR Litigation, MDL No. 2020, 07-cv-3541-FSH (D.N.J.); In re Wellpoint Inc. Out-of-Network "UCR" Rates Litigation, MDL 2074, 09-ml-2074-PSG (C.D. C.A.).
Human Rights Litigation
Complex Litigation Group is proposed Co-Lead Counsel in actions against various Hungarian Banks and the national railroad of Hungary on behalf of Jewish victims and survivors of the Holocaust.
The action against the Hungarian banks alleges that the defendants breached their fiduciary duty to their Jewish depositors and aided and abetted in depriving the Jewish community of their assets. The Plaintiffs seek a full accounting, disclosure, disgorgement and restitution by the banks. Holocaust Victims of Bank Theft v. Magyar Nemzeti Bank et al., No. 10-cv-01884 (N.D. Ill.) ("Hungarian Banks"). (A copy of Holocaust Victims of Bank Theft Complaint can be found by clicking here.)
The action against the Hungarian Railroad alleges that the defendant aided and abetted the Nazi genocide of 1944 and looted Jewish passengers of their possessions. The Plaintiffs seek compensation, restitution, reparations and damages. Victims of the Hungarian Holocaust v. The Hungarian State Railways (MAV), No. 10-cv-00868 (N.D. Ill.) ("Hungarian Railways").
In May, July and August 2011, the Court denied, respectively, the Hungarian Bank defendants' motions to dismiss, the Hungarian Railroad's motion to dismiss and the Banks' motion to reconsider. (A copy of the Court's May 2011 Memorandum Opinion can be found by clicking here). The case is currently pending before the United States Court of Appeals for the Seventh Circuit on interlocutory appeal filed by the Hungarian defendants, which heard oral argument in January 2012.
Genocide Victims of Krajina, Croatia: "Operation Storm"
Complex Litigation Group is proposed Co-Lead counsel in actions against L-3 Communications Corp. and its wholly owned private military contractor Military Professional Resources, Inc. for its role in facilitating and aiding and abetting the massacre of tens of thousands of civilians in the Krajina region of Croatia in 1994. Genocide Victims of Krajina v. L-3 Services, Inc., 10-cv-5197 (N.D. Ill.). (A copy of the L3 Complaint can be found by clicking here). In August 2011, Northern District of Illinois Judge Ruben Castillo denied L3's motion to dismiss or transfer venue.
Complex Litigation Group LLC is continuing its investigation and prosecution of Pella's Architect and Designer Series windows, which are part of the original lawsuit. If you own Architect or Designer Series windows and have wood rot problems with them, please contact us at Info@ComplexLitGroup.com.
"Tri-Previfem" Birth Control Pills
Complex Litigation Group LLC is proposed lead counsel in a class action against Endo Pharmaceuticals on behalf of women who: purchased Tri-Previfem birth control pills that were recalled due to a packaging defect, but were not reimbursed for the purchase price of the recalled pills. Zubrick v. Endo Pharmaceuticals, et al., No. 11-cv-8543 (N.D. Ill.). A copy of the Complaint can be found by clicking here.
Effexor XR Antitrust Litigation
Complex Litigation Group LLC (formerly known as Freed & Weiss) was recently appointed by United States District Judge Pisano, District of New Jersey, to the Executive Committee for indirect purchasers in the Effexor Antitrust Lawsuit: In re Effexor XR Antitrust Litigation, No. 11-cv-5590-JAP (D.N.J). A copy of the Appointment Order can be found by clicking here. The Effexor suit challenges the way Effexor's manufacturer Wyeth used patents to attempt to delay the entry of generic competition. A copy of the Effexor Complaint can be found by clicking here.
If you took Effexor, you may have paid too much for your prescription and you might have a claim. We would like to hear from you to determine whether your claim might make you a suitable witness or class representative. Please contact us at info@ComplexLitGroup.com.
Western Union - Failed Money Transfers
Complex Litigation Group LLC is Rule 23(g) Interim Lead Counsel in a putative class action against Western Union for its practice of waiting many years before attempting to return money transfers sent through its system when the recipient of the money never claimed the funds. CLG successfully defeated multiple motions to dismiss and a motion to compel arbitration brought by Western Union. The case is currently on appeal with the Tenth Circuit regarding the arbitration motion. Tennille v. The Western Union Co., No. 09-cv-00938-JLK (D. Colo.). A copy of the Western Union Complaint can be found by clicking here.
If you have had similar problems with Western Union, or with Moneygram, please contact us at Info@ComplexLitGroup.com.
"Immune Boosting" Vitamin Supplement Products
Emergen-C, Ester-C, CVS "Airshield"
Complex Litigation Group LLC ("CLG") has successfully brought lawsuits against companies marketing vitamin and dietary supplements that purport to boost immune systems or act as preventing flu, colds and other like-symptoms, when they possess no scientific evidence in support of these assertions, but rather are modern day snake oil. CLG helped secure a large settlement for class members in the CVS "Airshield" Litigation, Finley et al. v. CVS Pharmacy, 08-L-616 (St. Clair County, Ill.) and is currently prosecuting claims involving "Emergen-C," see Gianino v. Alacer Corporation, 09-cv-01247-CJC (C.D. Calif.) and Ester C, Hodjat v. The Ester C Company, 11-cv-10656-PSG (C.D. Calif.). A copy of the CVS Complaint can be found by clicking here.
If you have taken any of these products or similar products, we would like to hear from you. Please contact us at info@ComplexLitGroup.com
Tropicana - "100% Natural"
Complex Litigation Group LLC is co-counsel in a putative class action against Tropicana Products, Inc. that alleges that Tropicana's "100% pure and natural" orange juice is, in fact, not 100% natural as it is allegedly heavily processed, designed and flavored. Lynch v. Tropicana Products, Inc., 11-cv-7382-DMC (D.N.J.). A copy of the Tropicana Complaint can be found by clicking here.
Pella Windows Litigation: ProLine, Architect and Designer Series Windows
Complex Litigation Group LLC is lead counsel in a certified class action lawsuit against Pella Corporation and Pella Windows and Doors, Inc. involving "ProLine" aluminum clad windows. A copy of the Pella Complaint can be found by clicking here. Pella's ProLine windows contain an alleged design defect that allows water to enter the window sash, causing wood rot and necessitating costly window replacement. Because of the ProLine window's design, any wood rot is usually concealed by the aluminum cladding. As a result, homeowners may not discover the problems with Pella ProLine windows until it has reached an advanced stage, requiring replacement of the entire window and frame.
On May 20, 2010, the United States Court of Appeals for the Seventh Circuit (which is the federal appellate court based in Chicago) affirmed the class certification granted by United States District Judge James B. Zagel against Pella Corporation. The court's order covers Pella's ProLine series of windows, which suffer from a design flaw that has resulted in widespread failures. The class action also covers the "250 Series" and "450 Series" windows sold through major retailers such as Lowe's.
The Appellate Court's Opinion affirming class certification is published at 606 F.3d 391 (7th Cir. 2010) and can be found by clicking here. On January 18, 2011, the United States Supreme Court denied Pella's appeal. A copy of that letter Order can be found by clicking here.