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Articles Posted in Consumer Law

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$110 Million Jury Verdict in Favor of Tire Company

A jury awarded Waukegan-based Atturo Tire Corp. a $110 million verdict for damages related to deceptive trade practices and tortious interference by a multinational competitor. After a five-day trial, a federal jury in the Northern District of Illinois in Chicago found Toyo Tire Corp. and Toyo USA Corp. liable for…

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U.S. Court of Appeals Affirms Dismissal of Claim That Failed Under the Illinois Fraud and Deceptive Business Practices Act

Clarisha Benson and Lorenzo Smith each purchased an opaque, seven-ounce box of Fannie May chocolates for $9.99 plus tax. Benson purchased Fannie May’s Mint Meltaways and Smith purchased Fannie May’s Pixies. Although the boxes accurately disclosed the weight of the chocolate within, and the number of pieces in each box,…

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U.S. Court of Appeals Affirms Dismissal of Knee Replacement Product Defect Case

Theodore Joas underwent a total knee replacement at a Wisconsin hospital receiving a Zimmer NexGen Flex knee implant.  Within a few years, he began experiencing pain in his new knee.  X-rays confirmed that the implant had loosened and required a surgical repair. He brought a series of claims against Zimmer…

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U.S. Court of Appeals Reverses Product Liability Case for Design Defect Claims Under Both Strict Liability and Negligence

Juan Suarez used Goof Off, an extremely flammable product made by the defendant W.M. Barr & Co., to remove paint from a basement floor. While he was removing the paint, a fire erupted in the basement and severely burned him. Suarez and his wife sued W.M. Barr claiming it chose…

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Federal Court Jury Finds Mortgage Servicer Responsible for Defrauding Senior Citizen

Alena Hammer owned and resided in a house located in Villa Park, Ill. Her mortgage was serviced by AmTrust Bank until AmTrust failed and was taken over by the FDIC in November 2009. The mortgage did not include an escrow account, and Hammer paid her real estate taxes and property insurance…

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U.S. Supreme Court Clarifies Class Action Certification

In order to obtain class certification under Federal Rule 23(b)(3), the plaintiffs must be able to show that their damages arose from actions attributable to the defendants who create legal liability. Plaintiffs must show at the class certification stage that they can prove, through common evidence, that all proposed class…

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Class Action Lawsuit is Being Sought Against Toyota for Electric Power Steering Defect

In the model years 2009 and 2010, Toyota’s Corolla has been targeted as a dangerous vehicle because of the electric power steering (ETS) system. In fact, two Toyota Corolla owners, one in New York and one in Pennsylvania, filed suit. The Corolla owners have alleged that the steering system’s defect…

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US Federal Highway Administration Asked to Investigate Defective Guardrail System

Six United States senators have asked the Federal Highway Administration to investigate the safety of roadside guardrails. This request was made on March 4, 2015, and it is the latest of a series of inquiries made regarding the guardrails manufactured by Trinity Industries Inc. The questions about the guardrail system…

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Illinois Appellate Court Reinstates Product-Liability Claim Against Distributor

The Illinois appellate court has reinstated a product-liability lawsuit against a distributor in which there was a default judgment against the manufacturer of the product. In this case, the manufacturer was not subject to jurisdiction, and the plaintiff wasn’t able to satisfy the judgment. Nevertheless, the court ruled that the…

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$11 Million Jury Verdict in Toyota Design Defect Case

A federal jury has entered an $11 million verdict for victims of the design defect of the 1996 Toyota Camry. The jurors indicated that Toyota was 60% at fault for the 2006 crash that left two people dead and two seriously injured. They also found that another defendant, Koua Fong…

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