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A class action is a type of lawsuit in which an individual or individuals sue on behalf of a larger group of persons. This larger group is referred to as “the class.” In order to bring a class action lawsuit, the issues in dispute must be shared by all of the individuals in the class, and the number of individuals affected has to make it impractical to litigate each case individually. Some examples of class action lawsuits are those brought by consumers for defective products, by patients prescribed a drug with side effects that were not disclosed, and by individuals whose communications were recorded without their knowledge.

Class action lawsuits are intended to allow individuals to receive compensation for acts committed by large, powerful companies, since the individuals may not have the means to bring a claim on their own. The lawsuits also allow the defendant to defend one lawsuit rather than defending a number of smaller, separate lawsuits.

Class Action Lawsuit Against Royal Caribbean

A recent class action lawsuit was filed against Royal Caribbean after passengers’ dreams of an idyllic cruise turned into a nightmare. According to a news source, passengers on the cruise expected to go on a seven-day cruise from New Jersey to the Bahamas and back. However, after three days, the ship came back after enduring severe weather with 125-mile-per-hour winds and 30-foot-high waves. For about 12 hours, passengers were required to stay in their rooms. Some said they had to hold onto their beds or other items to keep from falling. According to some passengers, furniture was knocked over, there was broken glass across the ship, and water rushed through areas of the ship. At least 4,000 passengers were on the cruise. Passengers were given a refund and a certificate for half off a future cruise. The company said the storm was much worse than expected.

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The U.S. Food and Drug Administration (FDA) has launched an investigation into whether the agency was correct in approving the prescription blood thinner Xarelto. Since hitting the market in 2011, Xarelto has been prescribed to millions of patients. Major household product and drug manufacturer Johnson & Johnson created Xarelto and submitted the product for clinical testing prior to seeking approval from the FDA.

The drug was developed as a replacement for warfarin, an older prescription intended to prevent strokes from occurring in patients that suffer from atrial fibrillations, which is a heart-rhythm disorder. Administering warfarin requires close supervision to prevent complications from arising. Too little warfarin can lead to strokes, while too much can lead to other dangerous complications.

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The U.S. Food and Drug Administration (FDA) recently announced that it would take actions to provide women with information about the risks of using Essure, a form of permanent birth control. This form of birth control involves inserting flexible coils through the cervix and vagina into the fallopian tubes. After about three months, scar tissue forms around the coils and makes a barrier in order to prevent conception.

The FDA recognized that there are potential complications related to these types of implantable forms of sterilization and that it should take actions in order to address these risks. These actions include requiring a clinical study to assess the risks and requiring warnings on the product labels. The FDA stated that the actions recognize that “more rigorous research is needed to better understand if certain women are at heightened risk of complications.”

The FDA, an agency within the U.S. Department of Health and Human Services, protects public health by ensuring that food and drugs are safe for people to use. The FDA’s position is that while Essure is safe for most women, some women may be at risk for complications. Those complications may include pain, tears, bleeding, and allergic reactions.

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Listeria is one of the most common pathogens that pose a threat to consumers in our food production system. Recently, two major food retailers have made headlines after listeria and other potential issues were identified in their food products. Dole Fresh Vegetables has been named in a lawsuit claiming that a package of the company’s salad contaminated with listeria caused an Ohio woman who consumed it to go into a coma.

Also, international coffee chain Starbucks has recalled two of its breakfast sandwich items after concerns arose that the items may be contaminated with listeria or other allergens that pose a threat to consumers. According to the complaint, at least 18 people in the United States and 11 residents in Canada suffered illnesses and four people died as a result of consuming the contaminated salad products.

Food producers, processors, and retailers have a duty to ensure that the food they offer is prepared and stored in a reasonably safe manner and free from any pathogens that could contaminate the item.

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In a recent case, a child plaintiff sued BMW, claiming that his disabilities were caused by exposure to unleaded gasoline vapor from a defective fuel hose in his mother’s BMW when his mother was pregnant with him.

The Facts of the Case

In 1989, the plaintiff’s father bought his mother a new BMW 525i. The plaintiff’s mother was the only person who drove the car. In the spring of 1991, she noticed a smell of gasoline in the car at times. It caused her headaches, dizziness, and throat irritation. That summer, she became pregnant with the plaintiff. In November, a mechanic finally discovered a fuel leakage caused by a split fuel hose. The plaintiff was born in May 1992 with severe mental and physical disabilities. In 1994, BMW recalled all of their 525i vehicles made between 1989 and 1991, due to defects in the fuel hoses.

The plaintiff sued BMW in 2008, claiming that his disabilities were caused by exposure to unleaded gasoline vapor from a defective fuel hose in his mother’s BMW while he was in his mother’s womb. The plaintiff sued BMW in a personal injury action, claiming that the car’s defective fuel hose caused his injuries.

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The West Virginia legislature has passed a bill that adopts the learned intermediary rule for the state. This doctrine has major implications for liability in cases involving dangerous prescription drugs and defective medical devices. According to the learned intermediary doctrine, when a drug or device manufacturer provides a warning to the physician about the product, its intended uses, and its potential complications, and the doctor then interacts with the patient in regard to the drug or the device, the manufacturer cannot be held liable for damages arising from the consumer’s use of the drug or device.

Since its inception in 1995, the learned intermediary doctrine has been controversial. Opponents of the doctrine argue that it prevents consumers who have suffered severe harm due to a defective device or drug from recovering compensation from the manufacturer or distributor.

Proponents of the doctrine state that a physician who interacts with the patient after receiving instructions from the manufacturer or distributor is in the best position to inform the consumer. They also argue that manufacturers typically do not have direct routes to marketing their devices and pharmaceuticals to patients and consumers directly and that imposing a duty on the manufacturer would put an undue burden on the physician-patient relationship.

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If someone is killed by a gunshot when no one else was around, a lot of questions are left unanswered. It can be unclear whether it was an accident or whether the victim intended to take his own life. Even if it was an accident, it may be unclear what caused the gun to go off. Was it the victim’s own mistake, or was the gun defective? If a plaintiff wants to sue a gun manufacturer due to a defect, it can be a difficult case to prove. Plaintiffs often have to rely on experts to explain the defect and the cause of the accident.

In a recent case, a plaintiff struggled with these issues when she filed suit against Remington Arms Company, a gun manufacturer, after her husband died from a gunshot wound while hunting by himself. The plaintiff alleged that her husband died due to a defect in his gun, a Remington Model 700 bolt action rifle. After he failed to respond to text messages from his family, a family member went to look for him where he had been hunting. He was found dead in a tree stand with a single gunshot wound to his chest. His rifle was found on the ground 15 feet below where he was. The rifle’s safety mechanism was off, there was a spent cartridge casing in the chamber of the rifle, and there was a rope attached to the rifle.

The plaintiff’s expert had filed a report stating that the rifle fired due to a defect in its trigger system. The Remington Model 700 rifle includes a “Walker” fire control system. This particular fire control system was unique because it included a specially designed trigger mechanism. According to the expert, rifles with “Walker triggers” had fired unexpectedly before. He stated that because of the unique design, dirt, moisture, or other residue could cause the connector within the rifle to fail to return to its proper position—which then caused the rifle to fire. He stated that there was residue in the plaintiff’s husband’s rifle and that it could have hit a tree, the ground, or the rope, causing it to fire.

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Contaminación de los Comida es una seria amenaza para los consumidores y por una buena razón. Las enfermedades y lesiones que pueden resultar de consumir alimentos contaminados incluyen enfermedades graves, las condiciones que alteran la vida permanentes e incluso la muerte. Una de las cepas más notorios de enfermedades transmitidas por alimentos es la salmonela, que puede entrar en los productos alimenticios a través de una serie de canales. Los alimentos pueden contaminarse con salmonela durante la elaboración, envasado, manipulación o proceso si el manejador no se lava sus manos, o desinfecta las superficies en contacto con alimentos.

Cerca de 900 casos de brotes de salmonela relacionados con los pepinos contaminados han sido reportados en los Estados Unidos, incluyendo 241 en California, 43 en Minnesota, y 52 en Texas. Ha habido por lo menos seis muertes también. El material infectado estaba vinculado a Andrew & Williamson productos frescos, que importó los pepinos de México. Continue reading →

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Food contamination is a serious threat to consumers and for a good reason. The illnesses and injuries that can result from consuming contaminated food include severe illnesses, permanent life-altering conditions, and even death. One of the most notorious strains of foodborne illness is salmonella, which can enter food products through a number of channels. Food can become contaminated with salmonella during the processing, packaging, or handling process if the handler does not wash his or her hands, or disinfect food contact surfaces.

Nearly 900 cases of salmonella outbreaks related to contaminated cucumbers have been reported across the United States, including 241 in California, 43 in Minnesota, and 52 in Texas. There have been at least six deaths reported as well. The infected produce was linked to Andrew & Williamson Fresh Produce, which imported the cucumbers from Mexico.

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En una reciente decisión judicial, Johnson & Johnson, el mayor fabricante del mundo de productos para el cuidado de la salud, debe pagar $72 millones a la familia de una mujer que afirmaba que los productos de la compañía causaron su cáncer de ovario y, finalmente, su muerte prematura. Este reciente veredicto fue la primera vez que un jurado encontró que Johnson & Johnson tiene que pagar daños relacionados con productos de talco de la compañía.

Los demandantes alegaron que el cáncer de ovario de la mujer fatal fue causado por el uso de polvos de talco de la compañía en sus productos, incluso en su talco para bebé y la marca Shower to Shower. Johnson & Johnson anuncio su producto Shower to Shower (que contiene talco) para la higiene femenina, afirmando que “solo un poquito al día mantiene el olor de distancia.” En 1999, la Sociedad Americana del Cáncer recomienda que las mujeres utilicen productos a base de almidón de maíz en la zona genital . El almidón de maíz es generalmente utiliza ahora en lugar de talco como un absorbente en polvo para bebés y productos de higiene femenina. Sin embargo, Johnson & Johnson sigue usando talco en algunos de sus productos y mantiene que es seguro. La mujer uso los productos durante 35 años para la higiene femenina. Hace más de tres años, se le diagnosticó un cáncer de ovario, lo que finalmente causó su muerte a los 62 años. Continue reading →

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