Class Action
The attorneys in the Horwitz consumer department are busy fighting cases against corporate giants, such as America Online, General Motors, K-Mart Corporation, Cannon and Sunbeam.
Our consumer protection lawyers also provide representation and protection for consumers unlawfully abused by Unfair Debt Collectors.
Consumers with similar complaints resulting from a defective product or unfair business practice, or employee groups who face similar injustices relating to their job often form a single party, or Plaintiff, and file a lawsuit on behalf of the whole, called a Class Action.
A class action lawsuit can be brought when one (or more) individuals file suit on behalf of many, even thousands who have similar complaints. They share representation and find strength in numbers, rather than endure individual litigation.
"Vital to any Class Action is the strength and experience of the firm that represents the Plaintiffs."
The most common type of case involving a “class” or group is called a Consumer Protection Class Action, brought against those who violate Federal and State laws that protect consumer rights, such as scams, false or misleading advertising, faulty services, and contract violations, such as inadequate disclosure of contract terms.
Examples include class actions brought against insurance companies, telephone and internet providers, personal and home loan lenders, banking and credit card companies, and manufactures of defective products.
Where Class Action is appropriate, several factors are uniquely present, including:
- The scope of individuals potentially affected by an illegal practice or harmful product exceeds one (although one person may file a Class Action).
- All within the class share common injuries or legal complaints.
A recent example would be the large groups of individuals who have filed a Class Action against, Merck Pharmaceutical, the manufacturer of Vioxx, accusing the pharmaceutical company of knowingly marketing a defective product that had potentially lethal side affects on the cardiovascular system, causing strokes and heart attacks.
Vital to any Class Action is the strength and experience of the firm that represents the Plaintiffs. Is the firm comprised of attorneys with proven Class Action experience? Does the firm possess the personnel and financial resources to see the case through to a just conclusion?
Shattering ‘Martha Stewart Brand’: Glass Top Patio Tables Results in Class Action Lawsuit
Martha Stewart Brand “Glass Top” Patio Tables – Shattered Pleasures
On July 27, 2005, a Class Action Complaint (lawsuit) was filed against Martha Stewart Living Omnimedia, Inc., and Sears Holdings Corporation, d/b/a, Kmart Corporation.
The complaint alleges that a known defect existed in the design and/or manufacturing of Martha Stewart brand glass top patio tables, resulting in a dangerous and defective product with a propensity to abruptly shatter during ordinary use.
The complaint further alleges that Martha Stewart and Kmart continued to sell the defective product while falsely misrepresenting its quality and safety; a clear violation of consumer protection statues.
If you purchased a Martha Stewart brand glass top patio table within three years preceding the filing of this Class Action (July 27, 2005) or later, and would like more information, please contact our Consumer Law Department.
Read the full complaint filed in Federal court on behalf of nationwide consumers here: Class Action Complaint. (PDF)
For More on Consumer Issues:
Consumer Debt Collection Abuse
In a nationwide class action against the Home Shopping Network, attorneys at Horwtiz recovered a class fund worth over $5 million in an action regarding defective Proteva brand computers sold on HSN.
In Yosowitz v. Terrestris Development, consumers complained that the heating and air conditioning systems in their new homes were inadequate. A settlement with defendants provided cash awards and HVAC system repairs.
A purchaser of a Razor Scooter was astonished when the scooter's throttle stuck, and his young son collided with a tree. Though the boy was uninjured, a defective product was taken off the market after the attorneys at Horwitz sued Razor and reached a settlement with required notice of the defect to consumers and free repairs to any affected models.