$10M Settlement in FTC Automatic Renewals Suit

We’ve written about automatic renewals before, but the $10 million price tag in the FTC’s settlement with the operators of ABCmouse should grab your attention.

The FTC alleged that over a three-year period, the company advertised membership programs without clearly disclosing that the programs would automatically renew at the end of the term. The automatic renewal was not disclosed during the checkout flow. Instead, it was “buried” in small print amidst other dense text that consumers would only see if they clicked on a link to read Terms & Conditions.

Even though ABCmouse prominently advertised “Easy Cancellation,” the FTC alleged that cancellation was very difficult. Consumers who tried to cancel were required to navigate a lengthy and confusing process that often prevented many of them from completing their cancellations. In fact, evidence suggests that hundreds of thousands of consumers started the cancellation process, but remained enrolled.

Read the source article at Ad Law Access

Man Reaches $1.6M Settlement in Lawsuit following Rough Arrest

Kameron Boudin sued the county earlier this year, alleging that Otter Tail County sheriff’s deputy Jeremias “J.J.” Krupich punched Boudin several times in the face and forehead while Boudin was lying on his back during a December 2018 incident, restrained by Krupich. The suit said Krupich’s actions led to a serious brain injury, mental health problems and other significant physical trauma.

“We’re not unhappy with the settlement,” said Boudin’s attorney, Robert Bennett of Minneapolis. “We would’ve liked to have gotten a little bit more and they would’ve liked to have paid a little less, which is usually the case when you settle. It’s not an insubstantial amount.”

The money will be paid by the Minnesota County Intergovernmental Trust, which provides insurance for counties and associated public entities. The county’s liability limit was $2 million.

Read the source article at INFORUM

Lawsuit Against Several Railway Suppliers Settled for $489M

A class-action lawsuit against several railway equipment suppliers has received final court approval. Agreement on a final settlement of the suit between Westinghouse Air Brake Technologies Corp. (Wabtec), Knorr-Bremse AG and subsidiaries and law firms Hartley LLP and Fine Kaplan and Black was achieved in February. U.S. District Court for the Western District of Pennsylvania Judge Joy Flowers Conti signed off on the final settlement on Aug. 26.

Lead class counsel for the $48.9 million case was Lieff Cabraser of Hartley.

Known as the “no-poach” lawsuit, lead plaintiffs Stephen Baldassano, John Brand, David Escalera, Brian Lara, and Patricia Lonergan alleged that the railway suppliers – which included Westinghouse Air Brake Technologies Corporation (NYSE: WAB) and its subsidiaries including Wabtec Railway Electronics, Inc., Railroad Controls, L.P., and Xorail Inc.; Knorr Brake Company LLC or New York Air Brake LLC; and Faiveley Transport, S.A. or Faiveley Transport North America Inc. – reached an agreement not to hire employees from the other firms without consent in an effort to reduce wages and competition.

Read the source article at FreightWaves

Wells Fargo Settles for $7.8M in Hiring Discrimination Case

Wells Fargo will pay $7.8 million to settle Labor Department allegations of hiring discrimination against women and Black workers.

 The bank allegedly discriminated against more than 34,100 Black applicants for “banking, customer sales and service, and administrative support positions.” The company also discriminated against 308 female applicants for “administrative support positions,” the Labor Department said in a statement.

The San Francisco-based bank did not admit wrongdoing according to the agency but will enter into an “enhanced” compliance agreement, whereby the agency agrees to proactive future monitoring and compliance measures for some of its business functions.

Read the source article at Home – Black Enterprise

Honda Settles for $85M After Safety Failures in Airbags

NEW YORK (AP) — Honda has reached an $85 million settlement with multiple states over allegations that it hid safety failures in the airbags of certain Honda and Acura vehicles sold in the U.S.

The settlement ties up an investigation into Honda’s alleged failure to inform regulators and consumers of issues related to the significant risk of rupture in the frontal airbag systems installed in certain cars, which could cause metal fragments to fly into the passenger compartments.

The systems were designed and made by Takata Corp. Problems with Takata’s products touched off the largest string of automotive recalls in U.S. history with around 50 million inflators recalled. About 100 million are being recalled worldwide.

Read the source article at wtop.com

Michigan Agrees to $600M for Flint Water Crisis Settlement

FLINT, Michigan, August 23, 2020 (ENS) – The State of Michigan has agreed to a $600 million settlement of civil lawsuits brought against the state by residents of the city of Flint after the source of the city’s water supply was switched from clean Lake Huron to the tainted Flint River on April 25, 2014. The majority of the money will be going to settle claims filed on behalf of children exposed to toxics, said Michigan Attorney General Dana Nessel.

Nessel announced today that the settlement has been agreed to by the state parties and the plaintiffs’ legal counsel following more than 18 months of negotiations.

“This settlement focuses on the children and the future of Flint, and the state will do all it can to make this a step forward in the healing process for one of Michigan’s most resilient cities,” Nessel said. “Ultimately, by reaching this agreement, I hope we can begin the process of closing one of the most difficult chapters in our state’s history and writing a new one that starts with a government that works on behalf of all of its people.”

Read the source article at | ENS

Bayer Pays $1.6B to Settle Essure Injury Claims

Bayer will pay about $1.6 billion to settle nearly all of the U.S. lawsuits that, over several years, have claimed the company’s Essure birth control implant caused serious injuries.

 The German drugmaker’s agreements with plaintiff law firms cover about 90% of nearly 39,000 filed and unfiled claims, within all of the jurisdictions with significant numbers of Essure cases, Bayer said in a statement.

The company is also currently in talks with lawyers representing the remaining plaintiffs. Most of the terms of the settlement agreements are confidential, but they contain no admission of wrongdoing or liability.

Read the source article at fiercebiotech.com

Judge Approves Tesla $60M Settlement in Shareholder Lawsuit

In a brief telephone hearing on Monday, a Delaware judge opted to approve a $60 million settlement for a shareholder lawsuit stemming from Tesla’s $2 billion acquisition of clean energy company SolarCity in 2016. Interestingly, the judge granted the settlement approval for Tesla’s directors, but not Elon Musk, as the CEO is poised to face his own SolarCity-related case next March. 

Apart from the $60 million settlement, Judge Joseph Slights III approved $16.8 million in legal fees and expenses that were requested by the plaintiff’s lawyers. As noted in a report from ABC News, this amount corresponds to about 28% of the case’s “derivative settlement,” which was made on behalf of the company and is poised to be paid by insurers. 

“It’s a substantial amount of money,” the Judge Sights said.

Read the source article at Teslarati.com

Walmart Agrees to Maximum Settlement of $9.5M for Meat Overcharging

Walmart has agreed to pay up to $9.5 million and change some of its business practices to settle a class action lawsuit accusing the retailer of using sales prices to overcharge for packaged meat.

According to the terms of the settlement, Walmart will create a settlement fund of between $4.5 million and $9.5 million to reimburse Class Members who were overcharged for Walmart meat products and to cover court costs, expenses and administrative costs. The company also has agreed to the remediation of pricing practices for Walmart food prices. 

In his February 2019 Walmart meat class action complaint, plaintiff Vassilios Kukorinis alleged that Walmart advertised its packaged meat products with a sale price, but the final sale price didn’t correspond with that price based on the product’s weight.

Read the source article at topclassactions.com

Will Smith Production Company Settled Suit Over Film for $1M

Will Smith’s production company has reached a settlement deal after being sued over the upcoming film “King Richard,” centered on the life of Venus and Serena Williams’ father.

 Back in June, the 51-year-old actor’s production company Overbrook Entertainment, Star Thrower Entertainment and Warner Bros. were sued by TW3 Entertainment and Power Move Multi Media who claimed they had purchased the rights to the film’s source material — Richard Williams’ 2014 memoir “Black and White: The Way I See It” — several years ago.

The deal between the two companies took place three years prior between themselves and William’s son and business partner Chavoita Lesane, the suit said.

Read the source article at Fox News