Current Litigation

 

LOVELACE AND ASSOCIATES, P.A.

CASE SUMMARY — SEPTEMBER 2014

 

Arkansas Light Tobacco Litigation

Wayne Miner/James Easley v. Philip Morris Companies, et al, Case Number CV-03-4661, Circuit Court, Pulaksi County, Arkansas, Sixth Division.

Lovelace and Associates, P.A., along with co-counsel, are representing consumers who were promised and sold a “safer, healthier” cigarette, but were sold a more harmful cigarette. Because of their design, Lights are more mutagenic and, therefore, a higher risk for cancer. Our firm will have a significant role in this litigation.

 

Herbal Supplements Litigation

In re Herbal Supplements Marketing and Sales Practices Litigation, MDL 2619, US. District Court, Northern District of Illinois.

In this mislabeling case, Lovelace and Associates, P.A., along with co-counsel, represent consumers who purchased various Herbal Supplements from GNC, Wal-Mart, Walgreens and/or Target. Based on DNA testing, by New York Attorney General, Eric T. Schneiderman, it was discovered that these products did not contain what was listed on the label.

 

Duracell Batteries

Carlson et al v. The Gillette Company, Case Number 1:14-cv-1 4201-FDS, US District Court, District of Massachusetts.

And

Punian v. The Gillette Company, Case Number 5:14-cv-05028-LHK, US District Court, California Northern District.

In these two (2) product liability cases, Lovelace and Associates, P.A. along with co-counsel, represent consumers who purchased premium-priced Duracell AA and AAA “Copper Top” batteries, carrying the “Duralock ring” which have a ten (10) year warrantee. Gillette concealed and misrepresented material facts concerning potential battery leakage during the intended use. Consumers purchased the Duracell Batteries without knowledge that they had a greater chance of potentially leaking even when used as intended.

 

Auto Parts Litigation

In re Automotive Wire Harness Systems Antitrust Litigation, 12-md-023 I 1 (US. District Court for the Eastern District of Michigan).

Lovelace and Associates, P.A., along with co-counsel, represent automobile dealerships in 31 states and territories in a case seeking class action status that alleges a conspiracy to unlawfully fix prices of automotive wire harnesses and other related products by automotive component manufacturers in Japan, the United States and elsewhere.

The auto parts involved include, among others, instrument panel clusters, fuel senders, heater control panels, bearings, occupant safety restraint systems, radiators, windshield wipers, alternators, anti-vibration rubber parts and starters.

The defendants have plead guilty to the conspiracies and the Department of Justice has fined and/or imprisoned the executive’s responsible, see attached. Our cases do not involve proving liability but only damages suffered by the purchaser of the parts. We have settled approximately $56 million, in claims and are in negotiations with many more.

 

CDW

In re Chinese-Manufactured Drywall Product Liability Litigation, 2:09-md-02047 (U.S. District Court for the Eastern District of Louisiana).

Lovelace and Associates, P.A., along with co-counsel, represent the Class for claims against Chinese drywall manufacturers. Chinese drywall refers to drywall imported from China (from approximately 2001 to 2007) which contains extraneous metals and minerals, such as sulfur, strontium and iron. Under certain environmental conditions (typically warm, humid climates), the drywall will emit sulfur gasses. These gasses create a noxious odor and corrode copper and other metal surfaces, which can damage one’s air conditioner, electrical wiring, copper plumbing, appliances and electronics. Chinese drywall can also cause adverse health effects, which are primarily irritant and temporary in nature. Long term health effects are unknown.

 

Food Misbranding Litigation

Lovelace and Associates. P.A., along with co-counsel, have taken action to prevent food manufacturers from making false and misleading statements on their packaging regarding health claims on their food product labels. We have filed over 50 lawsuits in California. Arkansas and Massachusetts. Our goals are to stop the deceptive labeling of the food products and to make these companies change their labels to comply with federal and state laws. Many companies have chosen not to follow these guidelines. As a result, these companies are misbranding their labels and many consumers are misled and deceived into purchasing these products.

 

Target

In re Target Corporation Customer Data Security Breach Litigation, 14-md-02522-MOB (U.S. District Court for District of Minnesota).

Lovelace and Associates, P.A. along with co-counsel represents all financial institutions in the United States, including Hancock Bank, that have suffered damages and/or harm as a result of data breaches with respect to personal and financial information of customers who used debit or credit cards at Target retail stores from November 23, 2013 to the present. On or about November 23, 2013, one of the largest data breaches in United States history occurred, and approximately 110 million credit and debit cards were compromised. We seek to recover damages incurred by the financial institutions due to Target’s negligent misrepresentations, negligence and breach of contract, in violation of state and federal law. The federal court in Minnesota that is overseeing the National class action recently denied Target’s Motion to Dismiss and we are proceeding with discovery and proving damages.

 

Deepwater Horizon (BP Oil Spill)

We have settled hundreds of Deepwater Horizon claims for clients along the Gulf Coast. We have a few million dollars in claims pending review with Deepwater Horizon. We continue to prosecute these claims.

 

Titanium Dioxide

Los Gatos Mercantile, Inc., et al v. E.I. DuPont De Nemours and Company, et al, Case Number 5:13-cv-01180-BLF, United States District Court, California Northern District. In this price fixing litigation, Lovelace and Associates, along with co-counsel, represent various distributors of Titanium Dioxide. Defendants are the dominant suppliers of Titanium Dioxide in the United States. They own and supply well over 90% of the United States’ demand for Titanium Dioxide and dominate the United States marketplace for this product, a dry chemical powder, which is used in coatings, such as paint, cosmetics, plastics and paper industries.
Dealers who sell house paint and consumers that purchase house paint allege that Defendants conspired and agreed to manipulate, fix, raise, maintain and stabilize the market and price at which Titanium Dioxide is sold in the United States.

 

Aluminum MDL (Quicksilver)

Welk-Ko Fabricators, Inc., et al. v. Goldman Sachs Group, Inc., et al., Case Number: 2:13-cv-13878, United States District Court, Eastern District of Michigan. In this price fixing litigation, Lovelace and Associates, P.A., along with co-counsel, represents indirect purchasers who purchased products containing aluminum, against Defendants who exercised their market power to artificially limit and restrain the availability of aluminum supplies in the United States.