The putative class action plaintiffs, the fans, ticket holders, come out swinging. ‘No’, they exclaim, this is a classic case of fraudulently inducing consumers to purchase PPV and tickets to the fight under false pretenses by concealing material facts, a serious injury existing before the fight, before any sales of PPV and to the fight arena. Before the contracts were even signed. Those disclosures certainly would have disrupted PPV and ticket sales, a circumstance unfavorable to all defendants. It was hidden from the consumers.
The 400 million dollar fight of the century, but Manny Pacquiao never disclosed his torn rotator cuff injury prior to signing the deal, or telling Nevada boxing authorities before the fight. A defensive, boring fight resulted. Numerous class actions were quickly filed, everyone in the arena or watching on HBO. The defendants come out swinging, filing motions to dismiss in the first round. The fans ‘knocked out’ in the first round’ with the federal district court judge stating ‘disappointed fans injuries’ are not recognized by the courts. Scores of lawsuits, class actions and individual actions, consumers knocked out. Part II of III.
Keen fight fans and critics observed Pacquiao’s right jabs were not landing as hard and fast as before, notably from the fourth round onwards. Indeed, right after Mayweather was announced the winner Pacquiao’s team revealed that he was actually hampered by a shoulder injury, which had started hurting from the third round and had been re-aggravated in the fourth. One version of the injury’s genesis is that about three weeks before the match, Pacquiao collided with another fighter during sparring, entangled arms resulting in a right rotator cuff (the ball of muscles and tendons attaching the upper-arm bone to the shoulder socket) tear. The lawsuit that followed alleged the injury predated the fight’s contract signing. In either event, the media, public and Nevada State Athletic Commission (NASC) were not timely informed.
As the government shifts its focus from coronavirus containment to restarting the economy, discussions have begun in Congress regarding the second pandemic relief bill, in particular, the issue of providing immunity for businesses from lawsuits related to the pandemic. As companies reopen, employees want to return to work without the risk of getting sick. At the same time, employers want liability protection from workers who might get COVID-19 on the job and decide to sue. Senate Majority Leader Mitch McConnell (R-KY), who will oversee much of the coronavirus relief legislation, thinks a lawsuit shield for companies against possible claims must be included.
Consumer Reports reported that a class action lawsuit was filed in Philadelphia against Ikea for marketing and selling dressers that it knew were hazards to consumers, and issuing "feeble" and "inadequate" recalls, which included failing to honor refunds. The lead plaintiffs are Diana and John Dukich, the parents of a toddler who died after being crushed by a Malm dresser.
Seven teens, representing students from Detroit's worst-performing public schools, reached a $94.4 million deal with the state to fund literacy-related programming. The settlement comes after four years since the class-action lawsuit was filed against former Michigan Governor, Rick Snyder. It claimed that students were deprived of access to literacy because of a lack of books, teachers, and poor building conditions.
California drivers have asked a federal judge to certify their consolidated class-action lawsuit. They claim that Uber disregarded a state worker classification law by labeling drivers as independent contractors rather than employees, denying them proper wages, sick leave, and expense reimbursements. California is suing Uber and Lyft for the same reason.
A class action notice is a form of written communication, such as a postcard, email, letter, newspaper or magazine ad, informing individuals of a filed or pending case and the legal rights they may exercise at that time.
California truck driver and Lead Plaintiff Augustus Mondrian filed a class-action lawsuit against Trius Trucking for misclassifying him and other drivers as independent contractors instead of employees. The claim states that Trius paid its drivers on a piece-rate basis and failed to compensate them with minimum wage for company work performed outside of driving.