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Notable Recoveries

Our attorneys have recovered hundreds of millions of dollars on behalf of consumers and employees in class action cases throughout the United States.  Our team has a strong track record of representing consumers and employees in class action lawsuits against tech companies, banks, real estate developers, pharmaceutical companies, and others when they have violated the law.

In addition to obtaining compensation for those who have been harmed, our consumer advocates also work hard to ensure corporate policies and procedures change to prevent future problems from happening.

A few of our notable recoveries and accomplishments include:

  • In re Apple Device Performance Litigation ─ Kaplan Fox is co-lead counsel in a consolidated proceeding arising out of 50+ class actions alleging that Apple “throttled” the performance of certain iPhones with software updates. The case is currently pending court approval of a settlement of up to $500 million.
  • In re Home Depot, Inc., Customer Data Security Breach Litigation ─ Kaplan Fox is a member of the court-appointed steering committee leading multidistrict litigation on behalf of financial institutions arising from Home Depot’s massive 2014 data breach. The case recovered $27 million for impacted financial institutions.
  • Baycol Products Liability Litigation ─ We sued Bayer Pharmaceuticals and ultimately recovered $350 million for victims of a defective cholesterol control drug that was ultimately taken off the market.
  • Doe v. Caremark, LLC, et al. ─ Kaplan Fox is court appointed co-lead counsel in a class action alleging CVS/Caremark unlawfully disclosed 4,500 Ohioans’ HIV status in a mailing to participants in a state sponsored medication program. The Court approved a $4.4 million settlement for the impacted patients, who will each receive checks of $525 or more.
  • Thomas Trains Paint Litigation ─ We recovered $30 million for consumers that bought Thomas the Tank Engine toys without knowing the toys contained harmful lead-based paint.
  • Providian Credit Card Cases ─ We prosecuted Providian on behalf of customers who alleged they were charged unlawful, excessive interest and late fees, and they were upsold “add-on products” that promised phony benefits and services. Our case ultimately recovered $105 million and other benefits.
  • Lenahan v. Sears Roebuck and Co. and DeSoto v. Sears Roebuck and Co. ─ We brought class actions alleging that Sears In-Home Repair Technicians were owed wages and overtime under the Fair Labor Standards Act and state wage and hour laws by failing to compensate the Technicians for all of their off-the-clock hours worked.  We achieved a settlement which included a $15 million fund and changes to Sears’ employment policies.
  • Wolf v. Red Bull ─ We filed a class action against Red Bull for deceptively marketing the supposed benefits of its high-caffeine energy drinks. We ultimately obtained a $13 million settlement that was approved by the court.
  • Schneider v. Chipotle ─ We are class counsel in a consumer protection class action against Chipotle alleging that the restaurant’s 2015 advertising campaign misleads customers by claiming that its menus are GMO-free even though they are not. The Court certified a class action in 2018 and the case is pending court approval of a $6.5 million settlement.
  • Berry v. Mega Brands Inc. ─ Our case alleged that Mega Brands sold toys that contained small magnets, potentially causing hazardous conditions to young children in violation of consumer and other laws.  We ultimately prevailed and obtained a settlement that provided refunds to consumers and funds to address children’s health issues.
  • Pre-Filled Propane Tank Marketing & Sales Practices Litigation ─ We took gas companies that reduced the fill level in propane tanks just before the summer barbeque season without telling customers. After hard fought litigation we obtained a $10 million cash settlement fund that provided refunds and other benefits.
  • LinkedIn User Privacy Litigation ─ We brought an internet privacy class action alleging LinkedIn violated its privacy policies. We recovered a $1 million+ cash settlement for LinkedIn users and important changes its privacy practices in the future.
  • Verdie v. Mitsubishi America, Inc. ─ We brought suit Mitsubishi alleging its expensive LaserVue televisions were defective and negotiated a recovery for buyers that included $500 refunds and warranty services.

 

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