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Sunday, August 16, 2015

Class Action News 15th August 2015


Uber’s court skirmishes with the taxi industry are small potatoes compared to the fight with drivers.
Car-hire service Uber, which is embroiled in legal fights across the country, won a significant victory in court this week against a gang of taxi companies that want to drive it out of Connecticut. The ruling certainly helps Uber legitimize its business model, but doesn’t resolve the biggest legal question hanging over the company.
In the Connecticut ruling (see below), issued on Thursday, a federal judge threw out the taxi companies’ case, which accused Uber of unlawful tactics against taxi industry competitors and of deceiving consumers. The complaint featured a laundry list of legal claims, including racketeering, fraud, unfair competition and trademark infringement.


Two CareFirst BlueCross BlueShield customers have filed a proposed class action suit against the Maryland health insurer after a cyberattack exposed about 1.1 million current and former members' personal information.

The suit alleges that CareFirst, the region's largest health insurer, failed to protect their data after the company became aware of security weaknesses during an attempted hack last year. The attackers, who left behind hidden back doors that let them later re-enter undetected, gained access to names, birth dates, email addresses and insurance identification numbers during a breach in June 2014 CareFirst officials said when they disclosed the hack in May.

The damages arising from the incident exceed $5 million, according to the lawsuit filed Aug. 6 in U.S. District Court, which accuses CareFirst of negligence and failing to notify customers in a timely fashion. The two plaintiffs include a Maryland resident who received the insurance through her job with the state.


Nine banks have paid a total of $9bn to investors in the US over claims they rigged foreign exchange markets, and their lawyers hope to launch similar lawsuits in London

British and European investors could now get a chance to open lawsuits against banks accused of rigging financial markets, following a string of settlements in cases in the US, lawyers believe.

Another five major banks accused of foreign-exchange rigging have settled claims in a New York court with complainants, including pensions funds and institutional investors.

They join the four banks who settled earlier in the year, and the total payouts to investors now amount to more than $2bn (£1.28bn).

The settlement announced this week covers Barclays, Goldman Sachs, RBS, HSBC and BNP Paribas. The investors are still pursuing claims against Bank of Tokyo-Mitsubishi, RBC Capital Markets, Société Générale, Standard Chartered, Deutsche Bank, Credit Suisse and Morgan Stanley.

As well as giving payments to the plaintiffs, the settling banks have also agreed to co-operate with the claimants, which lawyers say has opened up a trove of extra information which could be used in cases in the UK.


Almost a quarter of claims filed were downgraded from a potential $42,000 payout to a maximum of $2,000.

Almost 400 people with developmental disabilities who were expecting payouts of tens of thousands of dollars from a legal settlement with the government will only receive a maximum of $2,000, though they haven’t been informed and don’t have any recourse to appeal, the Star has learned.

After suffering physical and sexual abuse at the Huronia Regional Centre, former residents settled a class action lawsuit with the government for $35 million in 2013. More than 1,700 people made claims for a part of the settlement, divided into the less serious section A, which have their claims capped at $2,000, and the more severe section B, which are awarded up to $42,000.

But according to the litigation guardians, appointed to advise the disabled plaintiffs, 394 (almost ¼ of the 1,705 accepted claims) have been reclassified from section B to section A, reducing their potential payout by $40,000. And many of those who were reclassified are non-verbal and least able to make their case.

“I don’t think it’s fair that people who cannot speak for themselves should get only $2,000. I don’t think that’s right and I don’t think they were fully supported,” saidMarie Slark, a former Huronia resident and one of the representative plaintiffs on the class action case.


LAWRENCEBURG, Ind. – Anyone who bought Templeton Rye whiskey thinking it was Iowa whiskey – when it was actually distilled in Indiana about a half-hour from Cincinnati – is entitled to as much as $36 under the terms of a $2.5 million class action settlement.

A group of plaintiffs brought the suits against the makers of Templeton after a journalist with The Daily Beast reported that dozens of “craft” whiskey brands, including Templeton Rye, were actually distilled by MGP in their Lawrenceburg factory.

Templeton’s labels had stated the product was “produced and bottled by: Templeton Rye Spirits, LLC, Templeton, Iowa” and but made no mention of the Indiana distillers. The whiskey is actually distilled and aged for four years in Lawrenceburg before being shipped to Iowa.

“Though our relationship between Templeton Rye and our Indiana-based distillery partner is described on our website, we recognize our marketing efforts should have provided more clarity about our production process,” Templeton Rye Spirits co-founder Keith Kerkhoff said in a statement on the settlement.

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