Triumph Motorcycles named in class action lawsuit alleging safety defect in motorcycles

According to the complaint, Defendant Triumph’s 2006, 2007, 2008, and certain 2009 Triumph Daytona 675 and Street Triple 675 motorcycles (the “Class Motorcycles”) suffer from a systemic dangerous safety defect that makes the drop linkage plates (the “Plates”) vulnerable to elongation, distortion, cracking, fracture, and failure (the “Suspension Defect”).

The Plates are an integral part of the Class Motorcycles’ suspension system. Failure of the Plates causes the rear of the Class Motorcycles to collapse onto the rear wheel while the rider is operating the motorcycle. This in turn causes catastrophic locking up of the rear wheel, resulting in loss of control of the motorcycle, threatening the safety of the motorcycle’s rider and others.

As alleged, Triumph knows that the Class Motorcycles suffer from this Suspension Defect and has actively concealed and failed to disclose this Suspension Defect to Plaintiff and the proposed Class members both at the time of purchase and after.

Despite notice of the Suspension Defect from numerous customer complaints, Triumph has not recalled the Class Motorcycles to repair the safety defect, has not offered its customers a suitable repair or replacement free of charge, and has not offered to reimburse customers who incurred costs relating to replacing Plates or repairing damage caused by the Suspension Defect.

As a result of the Suspension Defect, Plaintiff and the members of the proposed Class have been exposed to dangerous driving conditions and have suffered damages. Plaintiff and the members of the proposed Class have suffered injury in fact, including economic damages, and have lost money or property. Plaintiff therefore brings claims for violations of consumer protection statutes as well as for unjust enrichment.

 

Bayer named in class action lawsuit over claims made on its One A Day Multivitamins

The lawsuit alleges that Bayer, the maker of a variety of One A Day Multivitamins violated the law by making a series of unsubstantiated claims relating to its vitamins including that they support (a) “heart health,” (b) “immunity,” and (c) “physical energy.”

As alleged in the complaint, vitamin supplements are  credence goods — a good whose qualities consumers are not perfectly able to judge, even after they consume it, due to both the nature of the product as well as unequal access to information.   Accordingly, consumers are unable to fully evaluate its attributes even after purchase.

The complaint contends that the attributes Bayer claims its multivitamins possess are either unsubstantiated or false and that consumers who purchased such products were duped and did not receive the benefit they paid for.

The action seeks a nationwide class consisting of all persons in the United States who purchased Bayer One A Day multivitamins containing one or more Disease Prevention and Energy Claim.

View a copy of the complaint: bayer-complaint

Toyota recalls cars sold in high absolute humidity areas for faulty and dangerous airbags

Toyota is recalling certain model year 2002-2005 Lexus SC and Toyota Sequoia and 2003-2005 Toyota Tundra, Corolla, Corolla and Matrix vehicles that were originally sold, or are currently registered, in high absolute humidity areas of southern Florida, along the Gulf Coast, Puerto Rico, Hawaii, the U.S. Virgin Islands, Guam, Saipan and American Samoa. The inflators in the front passenger air bags are susceptible to rupture in the event of a crash necessitating the deployment of the front passenger air bag.

Toyota estimates approximately 247,000 vehicles are affected by the recall.

The recall was necessitated by a safety hazard posed by the affected airbags.  In the event of a crash necessitating deployment of the front passenger’s frontal air bag, the inflator could rupture with metal fragments striking and potentially seriously injuring the passenger seat occupant or other occupants.

Toyota will notify owners of affected Toyota and Lexus vehicles and will replace the passenger side air bag inflator, free of charge. If a replacement inflator is not available, as an interim measure, the dealer will disable the front passenger air bag and advise the customer not to use the front passenger seat until a replacement inflator is installed. Toyota will begin its owner notification and remedy of the affected Toyota and Lexus vehicles on or around October 25, 2014.

If you have been injured by such a faulty airbag, please share your story, or contact us to inquire about your legal rights.

Chrysler recalls Dodge Journey, Grand Caravan and Chrysler Town and Country vehicles

Chrysler Group LLC is recalling certain model year 2009-2010 Dodge Journey vehicles manufactured June 29, 2007, to June 17, 2010, and 2008-2010 Dodge Grand Caravan and Chrysler Town and Country vehicles manufactured January 26, 2007, to June 17, 2010. Road conditions or some other jarring event may cause the ignition switch to move out of the run position, turning off the engine.

525,206 vehicles are affected by the recall

This defect can affect the safe operation of the airbag system. Until this recall is performed, customers should remove all items from their key rings, leaving only the ignition key. The key fob (if applicable), should also be removed from the key ring

If the ignition key inadvertently moves into the OFF or ACCESSORY position, the engine will turn off, which will then de-power various key safety systems including but not limited to air bags, power steering, and power braking. Loss of functionality of these systems may increase the risk of crash and/or increase the risk of injury in the event of a crash.

Chrysler will notify owners, and dealers will modify the ignition switch, free of charge. The manufacturer has not yet provided a notification schedule.

Subaru recalls vehicles for excessive corrosion in brake lines

Subaru of America, Inc. is recalling certain model year 2005-2009 Outback and Legacy, 2008-2011 Impreza and 2008-2014 Impreza WRX/STI, and 2009-2013 Forester vehicles, currently, or formerly, registered in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia. Salt water could splash on the brake lines through a gap in the fuel tank protector, resulting in excessive corrosion of the brake lines.

Brake line corrosion may result in brake fluid leakage. Fluid leakage may result in longer distances being required to slow or stop the vehicle, increasing the risk of a crash.

Subaru will notify owners, and dealers will test the brake system by depressing the brake pedal and inspecting for brake fluid leaks. If no brake fluid seepage is observed, the affected areas will be rustproofed with anti-corrosion wax. If brake fluid seepage is observed, the brake lines will be replaced followed by rustproofing with anti-corrosion wax. These services will be performed free of charge.

The recall involves 660,238 vehicles.

Investigation opened regarding linkage between testosterone therapy drugs and heart attacks and stroke

Recent reports have raised concerns that testosterone therapy gives rise to an increased risk of heart attack, stroke, and death.  Testosterone therapy (also called androgen replacement therapy) takes the form of pills, injections, and patches or gels that are absorbed through the skin.

A study published in the November 2013 edition of the Journal of the American Medical Association demonstrated an association between testosterone therapy and increased rates of heart attack, stroke, and death. Out of 8,709 male veterans, the rates of deaths, heart attacks, and strokes were 29% higher in the group of men who had received testosterone therapy compared with those who had not.

Based on this data, physicians are becoming concerned over the limited knowledge of the side effects of testosterone therapy, and have called for additional studies.

Conversely, there is little data showing that the testosterone therapy provides a benefit for all but the most severe cases of low testosterone.  Although a growing number of men are being prescribed testosterone therapy for a condition marked as “Low-T”,  some doctors think that the medication is being over-prescribed. One reason for the over prescription of these drugs is the aggressive marketing by pharmaceutical companies

Lawyers are currently evaluating cases on behalf of men who suffered a stroke or heart attack while receiving testosterone therapy with such drugs as such as Androgel, Androderm Axiron, Delatestryl, Dep-Testosterone, Fortesta, Striant, Testrim or Testopel.  If you have experiences with these drugs and wish to share them publicly, please contribute by posting your experience. If you wish to speak to a lawyer about your legal rights, please use the contact a lawyer privately module below.

National Hockey League named in class action over alleged unlawful exploitation of its players resulting in and long-term negative health consequences

The complaint against the National Hockey League (the “NHL”) was brought on behalf of several former NHL players who have suffered long-term negative health consequences.  They seek damages, including punitive damages, and equitable relief on behalf of a class of all former and current NHL players as a result of the NHL’s unlawful exploitation of its players.

As detailed in the complaint, through the sophisticated use of extreme violence as a commodity, from which the NHL has generated billions of dollars, the NHL has subjected and continues to subject its players to the imminent risk of head trauma and, as a result, devastating and long-term negative health consequences. The NHL has failed and continues to fail to warn its players of these risks and consequences of head trauma, concealing material scientific and anecdotal information from its players. The NHL has failed to institute policies and protocols that could have and will protect its players from suffering or exacerbating head trauma sustained during practice or in games.

A copy of the complaint may be viewed here: NHL Complaint

General Motors named in class action lawsuits over design defect in ignition switches of millions of GM vehicles

Numerous class action complaints have been filed naming General Motors and its part supplier, Delphi, for concealing a dangerous defect in the design of the ignition switches installed in millions of GM vehicles.

According to the complaint, GM’s defective Delphi-manufactured ignition switches have several common switch points, including the “run” (or “on”), “off,” and “acc” (for “accessory”) positions. In the “run” or “on” position, the vehicle’s engine is running and its electrical systems have been activated. In the “acc” position, the engine is turned off but electrical power is generally still supplied only to the vehicle’s entertainment system. In the “off” position, both the vehicle’s engine and electrical systems are turned off.

The defective ignition switches were improperly positioned and prone to becoming loose, thus allowing an inadvertent switch from the “run”/“on” position to either “acc” or “off” during normal operation of the affected vehicles, causing a loss of power to the vehicle’s engine or its electrical systems or both while the vehicle is being driven. Failure of the electrical systems would compromise the vehicle’s power-assisted steering, anti-lock brakes, and safety-airbag systems, putting the vehicle’s drivers and passengers in grave danger.

The ignition switch defect can occur during normal operation of the affected vehicles with catastrophic results such as loss of engine power, loss of power steering, loss of anti-lock braking, and/or loss of the safety airbag system.

As alleged, despite learning of the potential for engine failure and/or loss of steering, braking, and/or airbag functionality as a result of defectively designed ignition switches, GM, for more than 10 years, took no steps to protect or even inform its consumers of the defect or its associated risks.

The complaint alleges that GM failed to disclose the ignition switch defects even after it had become aware that such defects were causing serious and often fatal accidents. To date, GM has recalled nearly 2.6 million vehicles and has linked 13 deaths to the defectively designed ignition switches manufactured by Delphi.

Class: All persons in the United States who own or lease at least one of the following vehicles (collectively referred to herein as the “Vehicles”): 2003-2007 Saturn Ion; 2005-2010 Chevrolet Cobalt; 2007-2010 Pontiac G5; 2006-2011 Chevrolet HHR; 2006 -2010 Pontiac Solstice; and 2007-2010 Saturn Sky.

Chrysler recalls 2005-2010 Jeep Grand Cherokee vehicles over transfer case electrical failure

Chrysler Group LLC is recalling certain model year 2005-2010 Jeep Grand Cherokee vehicles manufactured February 11, 2004, through March 9, 2010; and 2006-2010 Jeep Commander vehicles manufactured January 31, 2005, through March 10, 2010. A transfer case electrical failure may result in an unintentional shifting of the transfer case into the neutral position.

If the vehicle shifts into neutral, it may roll away increasing the risk of a crash or personal injury.

Chrysler will notify owners, and dealers will re-flash the final drive controller which governs the transfer case, with new software, free of charge. The recall is expected to begin in June 2013.

BMW named in class action over alleged failure of “Shift-by-Wire” gearshift systems

BMW 7-Series automobiles, model years 2002-2008 (the “Vehicles”) have push-buttons (“Start/Stop” button) to control starting and stopping the engine, and “Shift-by-Wire” gearshift systems controlled by a lever behind the steering wheel. Shift-by-Wire gearshift systems replace the traditional mechanical connection (e.g., cable or linkage) between the gearshift and automatic transmission with n electronic connection controlled by a computer module. The computer module is also referred to by BMW as a “serial bus system.”

As alleged in the complaint, the Shift-by-Wire system is a component of the overall electronically controlled transmission system of the Vehicles. The Vehicles’ electronically controlled automatic transmission system is designed to automatically shift the Vehicle into Park under a variety of conditions, including after the driver has pressed the “Start/Stop” button to turn the engine off, and when the “Park” button on the gearshift lever has been engaged.

Additionally, a subset of these Vehicles was equipped with a “Comfort Access System,” (“CAS”), which allows a driver to start the Vehicle without inserting the key device into the ignition; instead the CAS remotely senses the presence of the key device and enables the “Start/Stop” button. The key device can then be inserted into the ignition, or not, at the driver’s option.

Many consumers have reported problems with the Vehicles’ electronically controlled transmission system. For example, after pressing the “Start/Stop” button to turn the engine off, the Vehicle appears to be in Park but, in fact, remains in Neutral and, in some instances, shifts into Reverse and the Vehicle starts to roll away after the driver has exited believing that the Vehicle is in Park.

There are approximately 122,000 BMW 7-Series model year 2002-2008 automobiles equipped with “Start/Stop” buttons and “Shift-by-Wire” gearshift systems which are at risk for the rollaway problem because of BMW’s defective electronically controlled transmission system. An estimated subset of 45,000 of these Vehicles were equipped with CAS. The issue is so significant that the Office of Defect Investigations (“ODI”) of the National Highway Transportation Administration (“NHTSA”) opened a Preliminary Evaluation in August 2011 (NHTSA Action Number PE 11-025), which was recently upgraded to an Engineering Analysis in April 2012 (NHTSA Action Number EA12-002), to further study the problem. According to the NHTSA issued investigation summary (the “NHTSA Report”), the agency has reviewed more than 50 complaints about the problem, including reports of at least sixteen crashes, with at least five crashes resulting in injuries.

CLASS:  All persons or entities who purchased or leased new or used model year 2002-2008 BMW 7-Series vehicles (“the Vehicles”) between the period 2001 through the present that are equipped with push-button ignition and electronically controlled transmission system with a “Shift-by-Wire” gearshift system.