Class Action

From defective products to dangerous drugs, learn about the latest national class action lawsuits. Are you eligible to join a class action? Find out from Kantrowitz, Goldhamer & Graifman.

Kantrowitz, Goldhamer & Graifman, P.C. Announces Investigation of India Globalization Capital, INC. (NYSE AMERICAN: IGC)

wall street stock marketNEW YORK, Oct. 30, 2018 — Kantrowitz Goldhamer & Graifman, P.C., a firm with a nationwide consumer fraud and securities fraud class action practice, has been following the events concerning India Globalization Capital, Inc. (“IGC” or the “Company”) for a number of months and is now actively investigating potential securities fraud claims on behalf of shareholders of IGC resulting from allegations that IGC and/or its executives issued materially misleading business information to the investing public.  The NYSE American LLC has announced on October 30, 2018 that “the staff of NYSE Regulation has determined to commence proceedings to delist the common stock of India Globalization Capital, Inc. — ticker symbol IGC —from the Exchange. Trading in the Company’s common stock on the NYSE American will be suspended immediately.”

If you purchased India Globalization securities and would like to discuss your legal rights and options, please contact GARY S. GRAIFMAN, ESQ. at Kantrowitz Goldhamer & Graifman, P.C. toll free at (888) 752-5018 or ggraifman@kgglaw.com.

Leave a comment

KGG Settles Class Action Lawsuit Against Flowers Foods, Inc.

KGG Partners Randy J. Perlmutter and Gary S. Graifman successfully resolved a class-action case involving Flowers Foods bakery product delivery distributors who alleged they were improperly misclassified as independent contractors rather than employees.  The case settled after more than two years of hard fought litigation, just prior to a trial on the core issue of misclassification.  The trial was ordered after KGG successfully defended Flowers’ motion for summary judgment.

The settlement encompasses 27 plaintiffs and contains significant monetary and non-monetary relief for the plaintiffs.  The total settlement was $1.49 million inclusive of attorney’s fees.  Flowers also agreed to several important changes to their distributor agreements that will better serve the remaining distributors now and in the future.  There were no objections to the settlement which was overwhelmingly well received.

To learn more details regarding the case and settlement, all documents are available on www.pacer.gov. The case is Schucker v. Flowers Foods, Inc., No. 16-cv-3439 (S.D.N.Y. 2018).

photo of attorney randy perlmutter

Attorney Randy J. Perlmutter

Gary S. Graifman AV Preeminet rating Martindale Hubbell

Attorney Gary S. Graifman

Leave a comment

LAND ROVER and JAGUAR TIMING CHAIN Defect Class Action

The firm is currently litigating a putative class action involving a potential defect in the PRIMARY TIMING CHAIN ASSEMBLIES for JAGUAR and LAND ROVER vehicles, model years 2012 through 2014, equipped with a 5.0 liter direct injection engine.  Class vehicles include but are not limited to the following Range Rover platforms/vehicles: LR4 (LA), Range Rover Sport (LW), Range Rover Sport (LS), Range Rover (LS) and Range Rover (LM). Jaguar class vehicles also include but are not limited to the following Jaguar vehicles: XF, XJ, XK, XFR, XJR, XKR and F-Type.

This suit alleges that these vehicles suffer premature failure even though the maintenance schedule contains no schedule for inspection or replacement of the timing chain assemblies and they are touted as lasting the life of the vehicle but, in fact, failed prematurely at significant cost to the owners. The suit seeks reimbursement of the cost of repair and replacement of the timing chain assemblies as well as reimbursement for the engine damage caused by certain cases of timing chain failure.  In addition, there have been numerous complaints relating to these failures in 2012 – 2014 Jaguar and Land Rover vehicles filed by consumers with the National Highway Traffic Safety Administration’s Office of Defect Investigation (NHTSA-ODI).  These complaints indicate that owners have experienced problems with their timing chain assemblies during or soon after the warranty has expired.

If you are interested in finding out more about this matter or if you are interested in participating, please contact Gary S. Graifman at (888) 608-9232 or via email at ggraifman@kgglaw.com.

Leave a comment

Subaru Engine Defect Class Action Litigation

Subaru engine defect class action

The firm is currently litigating a putative class action involving a potential defect concerning the engine components of 2009 — 2014 model year Subaru Impreza WRX and WRX STi vehicles equipped with 2.5 liter engines. The alleged engine defect subjects class engines to pressure on the crankshaft and rod bearings which could lead to catastrophic engine failure. This suit asserts that the engines in these vehicles are prone to experiencing premature engine failure before the end of the useful life of the vehicles and well before consumers reasonably expect any such failure to occur. The suit seeks reimbursement of the cost of repair and/or replacement of the defective engines.

If you have any interest in speaking with the attorney at the firm about this matter, please contact class action attorney Gary S. Graifman, Esq., Kantrowitz, Goldhamer & Graifman, P.C., 747 Chestnut Ridge Road – Suite 200, Chestnut Ridge, NY 10977 via telephone: (888) 608-9232, fax: (845) 356-4335, or email ggraifman@kgglaw.com.

Leave a comment

KGG Files Class Action For Data Breach Against Equifax

KGG FILES CLASS ACTION FOR DATA BREACH AGAINST EQUIFAX
IN THE US DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA

On July 29, 2017, Equifax Inc., discovered that it had failed to maintain the security for the personal information of approximately 143 million US consumers and that the vulnerability of its database and electronic files had been compromised by hackers obtaining that personal information, including consumers’ names, social security numbers, birthdates, addresses, and in some instances, driver’s licenses and credit card information. Equifax withheld from the public the fact that the data breach occurred, until on or about September 7, 2017, when it issued a press release informing consumers of the data breach. At that time, it also provided a link to a website for consumers to learn whether they were a victim of the data breach. KGG has filed a class action suit alleging that this colossal breach of personal information and invasion of privacy was due to the negligence of Equifax and its failure to provide adequate security.

The firm has filed its class action complaint for consumers nationwide, and for those in New York, New Jersey, and Ohio, alleging damages as a result of the data breach.

If you believe you are a victim of this data breach, you may contact the firm to determine your rights and to find out the status of the suit. Contact: Gary S. Graifman, Esq.; email: ggraifman@kgglaw.com; or Jay I. Brody, Esq.; email: jbrody@kgglaw.com; Tel: 800-660-7843 or 845-356-2570

Leave a comment

KGG Files Class Action for Data Breach Against Tempur-Pedic and Aptos

KGG FILES CLASS ACTION FOR DATA BREACH AGAINST TEMPUR-PEDIC AND APTOS IN THE US DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA

TempurpedicIn November of 2016, Aptos, the company offering point of sale, digital commerce, order merchandising, analytics, and customer relationship management solutions to online retailers such as Tempur Sealy (“Tempur-Pedic”), discovered that it had failed to maintain the security for the personal information of US consumers who made purchases through the Tempur-Pedic website. Both Tempur-Pedic and Aptos failed to notify consumers of the vulnerability of its database and that electronic files had been compromised by hackers obtaining personal information, including consumers’ names, addresses, and credit card information. When Tempur-Pedic was notified of this breach to the Aptos database, Tempur-Pedic withheld from the public the fact that the data breach occurred, until on or about April 4, 2017, approximately five (5) months after the breach occurred. KGG has filed a class action suit alleging that this breach of personal information and invasion of privacy was due to the negligence of both Tempur-Pedic and Aptos and their respective failures to provide adequate security. The firm has filed its class action complaint for consumers nationwide, and for those in New York alleging damages as a result of the data breach.

If you believe you are a victim of this data breach, you may contact the firm to determine your rights and to find out the status of the suit. Contact: Gary S. Graifman, Esq.; email: ggraifman@kgglaw.com; or Jay I. Brody, Esq.; email: jbrody@kgglaw.com; Tel: 800-660-7843 or 845-356-2570

 

Leave a comment

KGG Law Firm Investigating Data Breach By 39DollarGlasses.com

39dollarglasses.com data breachThe firm is currently investigating the 39DollarGlasses.com data breach which was revealed by the company in July 2017. The data breach, which was first discovered by the company on June 8, 2017, involved access by an unknown individual or entity to customers’ payment card information used to make purchases at 39DollarGlasses.com’s online store, and may have resulted in the disclosure of customer’s name, address, phone number and credit/debit card information.  Although the company became aware of its website’s data breach on June, 2017, it did not inform its customers before issuing a letter dated as of July 21, 2017. In the aftermath of the data breach, the 39DollarGlasses.com moved its website to a new web environment with higher security standards.

If you feel you may have been impacted by the 39DollarGlasses.com data breach or have any interest in speaking with an attorney at the firm about this matter, please contact Jay I. Brody, Esq., Kantrowitz, Goldhamer & Graifman, P.C., 747 Chestnut Ridge Road, Chestnut Ridge, New York 10977, at Jbrody@kgglaw.com or via telephone: (800) 711-5258 or (888) 608-9232.

Leave a comment

BMW Timing Chain Defect Lawsuit Filed by KGG

BMW timing chain class actionKantrowitz, Goldhamer & Graifman, P.C., together with its co-counsel, have filed a consumer class action against BMW alleging defects in the primary and secondary timing chain tensioning systems installed in certain BMW models which include but are not limited to the E84, E89, F10, F25 and F30 (the “Subject Vehicles”). This defect involves 2012 through 2015 vehicles which are equipped with four cylinder multi-valve in-line engines including but not limited to engine codes N20 and N26 sold and/or leased in the United States.

A primary chain assembly partial or complete failure allows the chain to skip teeth on the chain sprockets. This occurrence causes the camshafts and crankshaft to fall out of synchronization and lose power or cause the engine’s pistons and valves to violently collide into one another. Depending on the degree of camshaft and crankshaft misalignment, the engine will operate poorly resulting in stalling and a limited ability to accelerate or maintain vehicle speed. In subject vehicles equipped with manual transmissions, the drive wheels will lock and cause loss of directional stability and steering. In other instances, the engine may fail to start, leaving the driver and passenger stranded mid-journey. In addition, primary chain assembly failures can also cause sudden and catastrophic engine self-destruction as the valves impact the cylinder pistons where the chain skips multiple teeth of the sprockets in one occurrence or the chain breaks

The secondary chain (counterbalance shaft and oil pump drive chain) in class engines connects the oil pump and balance shaft assemblies to the crankshaft. The secondary chain assembly is also defective and prematurely fails. Secondary chain failure is caused by materials and design that are required to be high-wear resistant but instead are made of insufficient materials which fail to prevent high resistance wear, resulting in premature chain elongation, chain sprocket damage and chain slippage.

If you have experienced this issue and wish to speak with an attorney about this matter, please contact Gary S. Graifman, Esq., Kantrowitz, Goldhamer & Graifman, P.C., at ggraifman@kgglaw.com 747 Chestnut Ridge Road, Suite 200, Chestnut Ridge, New York 10977 or via telephone: (888) 311-4803; or Fax: (845) 356-4335.

Leave a comment

Apple iPhone Updates and Performance Class Action

iPhone class action filed by KGGKGG has filed a putative consumer class action against Apple on behalf of iPhone owners whose phones now suffer from slow processing and poor performance following recent Apple iOS updates, including significant lag times and delays in the launching of apps and interference with its texting and calling functions.

Apple recently reported that that the company’s 2017 iOS updates have, as had been suspected by some but not previously disclosed, slowed the performance of older iPhone devices, interfered with their normal usage and deliberately limited the battery power under certain conditions in an effort to protect the devices from the effects of battery degradation. Although Apple is now offering discounts on replacement iPhone batteries – the preferred remedy for battery degradation – many iPhone users have already installed recent iOS 10 and 11 updates which have negatively interfered with the ordinary use of their phones. Some iPhones have become so slow and dysfunctional that owners were compelled to acquire new phones.

The suit seeks to compensate consumers for their losses, including the loss of operation and functionality of their phones and the cost of acquiring new replacement phones.

If your iPhone has suffered from slowed functioning or poor performance following recent updates and you would be interested in speaking with an attorney at the firm about our national lawsuit, please contact Jay I. Brody, Esq., Kantrowitz, Goldhamer & Graifman, P.C., 747 Chestnut Ridge Road, Chestnut Ridge, New York 10977, at Jbrody@kgglaw.com or via telephone: (888) 624-4916.

Leave a comment

Ford Expedition and Lincoln Navigator Class Action Lawsuit Over Air Vent Issue

Do you own a 2012-2017 model year Ford Expedition or Lincoln Navigator in which airflow is not being emitted from the floor vents? The firm is investigating certain Ford and Lincoln vehicles that have a defect in which there are system performance and air vent problems that the manufacturer is refusing to repair. This defect only allows airflow for the heater or AC to come from the dashboard console vents and does not allow hot or cold airflow to come out of the floor vents.

If you have one of the affected vehicles in which the heating and or air conditioning (A/C) floor vents are not working and wish to find out what your rights in this action may be, please contact Gary S. Graifman, Esq. (ggraifman@kgglaw.com) or Jay I. Brody, Esq. (jbrody@kgglaw.com) of Kantrowitz, Goldhamer & Graifman, P.C.; 747 Chestnut Ridge Road, Suite 200, Chestnut Ridge, New York 10977; via telephone: (800) 660-7843; or Fax: (845) 356-4335.

Leave a comment