Zynga Social Gaming Litigation -- Swift v. Zynga Game Network, Inc. et al.
Wexler Wallace, with co-counsel, filed a nationwide class action against Facebook, Inc. ("Facebook") and Zynga Game Network, Inc. ("Zynga"). Pending in the Northern District of California, the case seeks damages for consumers victimized by a scheme to lure them into subscribing for goods and services they never wanted. Read more.
UFCW v. Walgreens and Par Pharmaceutical
Court: United States District Court for the Northern District of Illinois, Eastern Division
Case: 1:12-cv-00204
On January 11, 2012, Wexler Wallace, with co-counsel Cafferty Faucher LLP and the Karmel Law Firm, filed a class action in the United States District Court for the Northern District of Illinois on behalf of the United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund (“UFCW”). UFCW seeks to represent a class of third party payors that were overcharged for prescription drugs taken by their members as a result of a scheme to illegally switch patients’ prescriptions from less expensive formulations to more expensive ones. Read more.
Wal-Mart Gift Receipt Litigation
Court: United States District Court for the Eastern District of California
Case No.: 2:11-cv-01487-LKK (DAD)
On June 1, 2011, with co-counsel, Wexler Wallace LLP filed nationwide class action complaint against retailer behemoth Wal-Mart Stores over its gift receipt redemption policy. Read more.
In re Brazilian Blowout Litigation
Court: United States District Court for the Central District of California
Case No.: 10-cv-8452 JFW (MANx)
Wexler Wallace LLP is representing the plaintiffs in this certified nationwide class action against GIB, LLC (“GIB”) pending in the Central District of California. Wexler Wallace represents individuals who purchased Brazilian Blowout Solution or Brazilian Blowout Acai Professional Smoothing Solution that was advertised as containing “no harsh chemicals” and “formaldehyde-free.” Testing has shown that this claim is false and Plaintiffs contend they were mislead into believing the product was formaldehyde-free. Read more.
Meth v. Facebook
Court: California Superior Court, Los Angeles County
Case No.: BC454799
On February 9, 2011, Wexler Wallace LLP, with co-counsel Squitieri & Fearon LLP, filed a class action on behalf of their client and a potential class of minor Facebook users in California whose names and/or likenesses were used by Facebook for commercial purposes without the prior consent of their parents or legal guardians, in violation of guaranteed privacy protections. Read more.
Stephen A. Ellerbrake and John E. Casey v. Campbell-Hausfeld et al.
Court: Illinois Circuit Court, St. Clair County
Case No.: 01-L-540
Wexler Wallace served as Co-Lead Counsel in this consumer fraud case brought against power tool manufacturers who mislabeled the horsepower on their air compressors. After Wexler Wallace achieved certification of the consumer class, the Defendants agreed to a permanent injunction that halted the alleged mislabeling and helped change the way the air compressor industry labeled its products. In addition, they provided millions of dollars worth of benefits to affected consumers.
Allstate Litigation -- Ronald Carter v. Allstate Insurance Company
Court: Circuit Court of Cook County, Illinois
Case No.: 02-CH-16092
Wexler Wallace is prosecuting a class action against Allstate, alleging that the company has refused to pay its policyholders either their replacement costs or the limits of liability under the Residential Fire Insurance Policy after fire damaged the insureds’ premises. Instead, Allstate improperly settled policyholders’ claims based on a market value appraisal that Allstate secured. This appraisal method utilized by Allstate results in a reduced recovery by insureds, in violation of the terms of their insurance policies. Read more.
Wal-Mart Litigation -- Alma Casillas v. Wal-Mart Stores, Inc.
Court: United States District Court for the Central District of California
Case No.: 2:06-CV-00571
Wexler Wallace filed this case as a class action on behalf of California consumers who were charged higher prices at Wal-Mart scanner check-outs than what was advertised on store shelves. Such overcharges would usually go unnoticed and the small amount of an individual overcharge deterred consumers from seeking remedies at Wal-Mart. Plaintiffs alleged that overcharges occurring at Wal-Mart scanner check-outs were almost double the national average. The Court approved a settlement, which provides significant injunctive relief applicable to all of Wal-Mart’s California stores. Read more.
BMW Fuel Pump Litigation -- Hackett v. BMW of North America
Court: Circuit Court of Cook County, Illinois
Case No.: 10-CH-46882
On October 28, 2010, Wexler Wallace filed a class action in Illinois state court against BMW North America on behalf of Illinois owners of certain model BMW vehicles equipped with N54 3.0 liter engines. Consumers around the country have alleged that these vehicles are affected by two distinct design and/or manufacturing defects. Read more.
Toyota – In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practice and Products Liability Litigation
Court: United States District Court for Central District of California
Case No.: 8:10-ML-2151-JVS (FMOx)
This well-publicized case concerns unintended acceleration of Toyota motor vehicles experienced by consumers throughout the country and worldwide. The complaint alleges that Toyota manufactured and sold tens of millions of cars that used a defective electronic throttle control system. Rather than being safe, these systems resulted in Toyota receiving tens of thousands of complaints from consumers about sudden unintended acceleration that caused property damage, injury and, in some cases, death. Read more.
DirecTV Satellite Receiver Lease Fee Litigation
Court: United States District Court for the Central District of California
Case No.: CV-08-01558-FMC
Wexler Wallace is prosecuting a consumer class action in California federal court against DirecTV, where DirecTV customers allege they are the owners of the receivers they purchased at Best Buy stores. DirecTV contends that the receivers are subject to a “lease” agreement pursuant to which customers are charged monthly fees. Among other things, the case seeks a ruling that DirecTV customers own their equipment and DirecTV’s purported lease is invalid. Plaintiffs also seek corrective disclosures, a return of improperly charged lease fees, and a refund of non-return fees.
Extended Stay Residency Litigation -- Soroka v. Extended Stay, Inc. et al.
Court: United States District Court of Eastern District of California
Case No.: 1:10-AT-00869
Wexler Wallace filed a class action complaint alleging that Extended Stay Hotels seeks to avoid the landlord – tenant laws of California by requiring long term residents to sign new “leases” 29 days and 20 hours into their tenancy. By doing this, Extended Stay Hotels prevents its long term residents from obtaining the rights tenants have under California law, rights which would vest after a 30-day tenancy. Read more.
CVS Prescription Record Litigation -- Ortiz v. CVS Pharmacy, Inc. et al.
Court: United States District Court for the Central District of California
Case No. 8:09-CV-1050-JVS-MLG
Wexler Wallace filed this class action on behalf of California consumers who were charged excessive fees by CVS Pharmacy for copies and/or searches of their prescription drug records. Despite California and federal laws that require CVS make prescription records available to patients and charge them reasonable, cost-based fees for inspecting, copying and retrieving such records, CVS has implemented a common practice of charging its customers excessive fees ranging from $35 to $50, charging such fees when no prescription records are ultimately provided. Read more.
APA Assessment Fee Litigation - Engum v. American Psychological Association, Inc. et al.
Court: United States District Court for the District of Columbia
Case No.: 1:10-CV-01898
Wexler Wallace is appointed co-lead counsel in this action brought on behalf of current and former American Psychological Association (“APA”) members nationwide who were deceived into paying additional “special” or “practice” assessment fees along with their annual dues. Plaintiffs contend that the APA misled its membership in collecting these fees, and therefore improperly paid them to its political arm. Read more.
Pet Food Contamination Litigation -- In re Pet Food Products Liability Litigation
Court: United States District Court for the District of New Jersey
Case No.: MDL No. 1850
Wexler Wallace serves as Co-Lead Counsel in this multidistrict consumer litigation arising from the largest pet food recall in history, involving over 180 brands of products produced or sold by over 40 Defendants. The action, which was pending before the Honorable Noel L. Hillman in the United States District Court for the District of New Jersey settled on Nov. 19, 2008. The settlement created a fund from which consumers can claim up to 100% reimbursement for documented economic losses, as well as up to $900 in undocumented economic damages. Read more.
Webloyalty -- In re Webloyalty.com, Inc. Marketing and Sales Practices Litigation
Court: United States District Court for the District of Massachusetts
Case No.: MDL No. 1820
Wexler Wallace served as Co-Lead Counsel in this consumer multidistrict litigation concerning deceptive Internet marketing and selling strategies, unauthorized charges on consumers’ credit cards and non-cancellation of memberships. Consumers became enrolled in Webloyalty’s programs in the course of transactions for other online purchases, typically through “pop-up” advertisements. The Honorable Joseph L. Tauro approved an unprecedented nationwide settlement that, among other things, allowed consumers to recover up to 100% of unauthorized charges for enrollment in any Webloyalty membership program. Read more.