posted by on Aug 28
Facebook Like Buttons Lawsuit
Facebook is facing yet another class action lawsuit, this time over its “Like” buttons. The Facebook like buttons lawsuit alleges the site uses pictures of minors for commercial gain, without parental permission. The class action was filed in Los Angeles, California today, August 28, 2010 on behalf of David Cohen and Shelby Orland, minors, and their guardians. Facebook will content that the nature of “Like” buttons and how they’re used is in the terms of the Facebook agreement, which every user must electronically “sign” in order to get a Facebook account.
But the loophole lies in California law, which is very specific about using names and images of minors for profit. To use a minor’s name or likeness for advertising, one must get the parent’s consent in order to get the minor’s consent. Plaintiffs are arguing that Facebook did not get parental permission, so getting minors’ permission doesn’t count for anything.
As seen in another Facebook class action lawsuit, Facebook states it will vigorously fight the allegations. One possible outcome of this Facebook class action is that minors, or those under eighteen, might have to get parental permission to sign up for a Facebook account. Parents would then be giving permission for their images and names to be used to advertise products and the Facebook website itself.
It’s claimed in the Facebook class action lawsuit that search engines come into play when someone searches on a name. A link to their facebook page will come up in the search results, encouraging the user to sign up for an account. In a nutshell, that illustrates how Facebook is using teenagers’ names to advertise itself.
posted by on Jul 31
Avandia Settlement Reaches $460 Million
GlaxoSmithKline PLC will pay $460 million in an Avandia settlement following the Avandia lawsuits filed this year. Around 13,000 suits claimed the drug company failed to warn its customers that Avandia posed risks for heart attacks in people taking the drug. Avandia is a diabetes drug, which allegedly causes heart attacks. GlaxoSmithKline is the UK’s biggest drug maker, and will settle about 10,000 of the 13,000 cases against it.
Avandia is a drug manufactured to treat Type 2 Diabetes, but the FDA had recommended it be removed from the shelves due to risk of heart attacks and heart failure. There is a safer alternative, called Actos. It is believed that Avandia was responsible for 300 deaths in the last three months of 2009.
Avandia class action lawsuits allege that GlaxoSmithKline hid the fact that Avandia posed a heart attack risk. The average Avandia settlement is $46,000.
The first round of Avandia settlements occurred in May, when they paid $60 million to settle about 700 cases. Drugmakers often settle to save time and money. Plaintiffs claim they suffered needlessly, after taking Avandia. A growing body of reports causes skepticism over the drug’s safety.
$3.5 billion has been set aside by GlaxoSmithKline for Avandia settlement and litigation costs. They will continue to settle many cases out of court, but not all of them. The first Avandia case will go to trial this Fall in Philadelphia. All suits claim GlaxoSmithKline suppressed information about the health risks posed by their drug to people taking it to treat their diabetes.
posted by on Jul 12
Violations of the 1934 Securities Exchange Act Are Cited in the Bankcorp South Class Action
BankcorpSouth Inc has been named in a current class action lawsuit involving alleged violation of the Securities Exchange Act of 1934. Bankcorp South is a financial holding company publicly traded on the stock exchange and is therefore bound by certain accounting and financial reporting rules. These rules are summarized by the Generally Accepted Accounting Practices (GAPP) and litigated according to the 1934 Act.
The current Bankcorp class action alleges that Bankcorp Inc violated the Securities Exchange Act of 1934 and failed to follow the Generally Accepted Accounting Practices when it failed to reveal detrimental information about its finances to its investors. Those who purchased stock between July 23, 2009 and February 25, 2010 are eligible to join the current BankcorpSouth class action.
Specifically, it is alleged that BankcorpSouth did not disclose to investors problematic loans in the areas of construction, land, and commercial real estate. Therefore, when the company had to drastically alter its net income from the original outlook for the year and quarter ending December 31, 2009, stock in the company fell over 13% on high volume in one day.
The failure to disclose the bad credit situation was allegedly intentional, and was harmful to investors. The company is also cited with failing to uphold necessary level of internal controls as well as failure to comply with GAAP when issuing its financial reports, the key tool used by investors to make decisions about buying stock.
posted by on Jan 28
Unpaid Wages are a Common Problem in the Workplace
Unpaid Wages are a widespread problem, despite decades of fair labor laws and enforcement via the State and Federal government and watchdog agencies.
Workers have had problems in this area it seems ever since there have been workers. An until recently, the legal recourse has been limited, since an individual suing a company often didn’t come out ahead in the end, with legal costs and stress.
But now unpaid wages class action lawsuits have become more common, and workers can join together to sue a common employer for unpaid wages and overtime. Overtime lawsuits, unpaid commissions, and unpaid wages are handled regularly in a class action format, as more lawyers specialize in this area of legal expertise.
Unpaid Wages can result from any number of the following events, which are all considered a basis for unpaid wages class action lawsuits:
- Your overtime hours being classified incorrectly as exempt from overtime
- no breaks for meals or rest
- mistakes in calculating the overtime amounts
- chargebacks
- not getting paid for on-call, travel or other compensable time
- failure for reimbursement
- being classified as an independent contractor when you’re not
Unpaid wages class action lawsuits allow the worker the chance to challenge unfair payment practices on an even playing field, where as an individual, it was either too costly or too risky.
posted by on Jan 10
Back in 2006, Yaz was approved by the FDA as treatment for premenstrual dysphoric disorder (PMDD). It was the first birth control pill to gain such approval and sufferers of severe PMS rejoiced as they looked forward to relief from symptoms that affected their interpersonal relationships, their work productivity, and overall enjoyment of life. This fourth generation birth control pill is considered a miracle pill for a multitude of symptoms. Little did they know they were putting themselves at risk for Yaz gallbladder disease.
By combining the hormones estrogen and progestin, Yaz treats PMDD and also stops 99 percent of pregnancies. It’s prescribed as a cure-all that can solve several health care issues in one pill. About 5% of women suffer from premenstrual dysphoric disorder (PMDD), which can be described as PMS times ten. Women suffer not only physical symptoms but also sufffer from depession and anxiety. Yaz birth control relieves much of this and has thus been very popular since its introduction in 2006.
But now we’re discovering something called Yaz Gallbladder disease. It’s a serious side effect of taking Yaz, one not to be ignored since women are already twice as like to suffer from gallstones as men. Yaz gallbladder disease occurs because the pills increase the cholesterol levels in the bile. It also decreases gallbladder movement and this can lead to gallstones. When a gallstone gets trapped in a bile duct, serious problems are encountered.
Yaz gallbladder disease may result in the patient needing laproscopic gallbladder surgery, which has its own set of adverse side effects that continue post-surgery. If you have taken Yaz birth control, you may want to stay informed about upcoming birth control lawsuits and stay abreast of research developments in the Yaz and Yasmin industry. Yaz Gallbladder disease is a serious issue that requires your attention as soon as you think you may be feeling symptoms.
posted by on Jan 3
Yaz, a hormonal birth control, is manufactured by Bayer Healthcare and touted as the miracle pill for sufferers of premenstrual dysphoric disorder (PMDD). PMDD is a severe form of PreMenstrual Syndrome (PMS) and affects about 5% of women. Yaz is also prescribed for acne and of course as an oral contraceptive. But if you’ve been taking Yaz birth control, you may want to know about a Yaz class action lawsuit that possibly pertains to you.
Some women taking Yaz develop Yaz Gallbladder Disease as a result of taking this oral contraceptive. Cholesterol levels may become high after taking Yaz, which adversely affects your gallbladder. Women taking Yaz may develop gallstones as a side effect, and this may result in the need for gallstone surgery. There is a Yaz class action lawsuit for this, and if you think you have gallstone symptoms as a result of taking Yaz, you may want to learn more. Even the negative side effects of having your gallstones treated, including gallstone removal surgery, are covered in the Yaz Class Action Lawsuit.
How do you know if you have gallstones? Symptoms can occur after eating fatty foods and often at night and include:
- you will have a steady pain in you upper right abdomen, and it may increase suddenly, called an “attack”
- pain in your upper back
- pain beneath your right shoulder
To see if you have gallstones, your doctor will perform an ultrasound and gallstones will be visible on the ultrasound monitor if you have them. Usually the remedy for gallstones if cholecystectomy, or gallbladder removal surgery. This has its own set of side effects, which are bloating, constipation, gas, and heartburn. You may need to change your diet after cholecystectomy, as well. All this possibly because you were prescribed Yaz birth control.
Stay informed about Yaz class action lawsuits and if you’re taking Yaz, talk to your doctor about gallstones and gallbladder disease.
