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Cases / Briefs

April 19, 2012 Cases / Briefs

Chavez v. Netflix

We objected to a proposed class action settlement in a lawsuit alleging that the online DVD rental company Netflix engaged in false advertising and deceptive practices concerning the speed of delivery of its DVDs to customers.  The original settlement contained an “automatic renewal” provision that…

April 19, 2012 Cases / Briefs

CGI v. Rose

This case is part of Public Justice’s campaign against employer-based health plans’ efforts to recover medical expenses from injury victims who have recovered damages for their injuries from a third-party tortfeasor. In CGI v. Rose, Public Justice is defending a Washington state woman who has…

April 19, 2012 Cases / Briefs

Cash v. Farmland Industries

We stopped and defeated a proposed class action settlement that would have forced the class members to sell their homes to the defendant and release all of their present and future personal injury clauses against the company.  Farmland Industries abandoned the proposed class action and…

April 18, 2012 Cases / Briefs

Cardegna v. Buckeye Check Cashing, Inc.

In this putative class action, the U.S. Supreme Court held that a mandatory arbitration clause may be enforced even when it is embedded in an agreement whose principal purpose is alleged to violate Florida’s criminal laws against usury and loan sharking.  The plaintiffs argued, and…

April 18, 2012 Cases / Briefs

Buffington v. SunTrust Banks, Inc. and Hough v. Regions Financial Corp.

Amicus briefs urging the U.S. Court of Appeals for the Eleventh Circuit to grant rehearing or rehearing en banc of a pair of panel decisions enforcing “loser-pays” (or fee-shifting) provisions in the banks’ arbitration clauses.   The plaintiffs in Buffington and Hough alleged that the banks violated Georgia state law by collecting overdraft charges…

April 18, 2012 Cases / Briefs

Buckeye Check Cashing, Inc. v. Cardegna

In this putative class action, the U.S. Supreme Court held that a mandatory arbitration clause may be enforced even when it is embedded in an agreement whose principal purpose is alleged to violate Florida’s criminal laws against usury and loan sharking.  The plaintiffs argued, and…

April 18, 2012 Cases / Briefs

Bruesewitz v. Wyeth, Inc.

Public Justice, the American Association for Justice, and Public Citizen filed an amici brief arguing that the National Childhood Vaccine Injury Act does not preempt state-law design defect claims against drug manufacturers. The brief emphasizes the important role that the tort system plays in promoting public safety…

April 18, 2012 Cases / Briefs

Brailsford v. Nissan Motor Company

We won the first decision in the country to uphold a plaintiff’s right to sue an auto maker for its failure to install a lap/shoulder belt in the rear-center seat of a passenger car.  The plaintiff in this case was a four-year-old boy who was…

April 18, 2012 Cases / Briefs

Boumediene v. Bush and Al ‘Odah v. United States

Amici to U.S. Supreme Court arguing that prisoners held as “enemy combatants” in Guantánamo Bay have a constitutional right to seek federal habeas corpus review of their indefinite detention. Public Justice and the American Civil Liberties Union filed an amici brief, arguing that prisoners held as “enemy combatants” in Guantánamo…

April 18, 2012 Cases / Briefs

Boehr v. Bank of America

We stopped and improved a proposed class action settlement in Boehr v. Bank of America that would have provided almost no relief to the class and paid nearly $1.5 million to five hand-picked “charities” including the Bank’s own Consumer Education Fund.  The revised settlement paid over $3.1…