| Current
Cases Sun Microsystems
Overtime Wages
On January 25, 2006, Chavez & Gertler filed a class action
lawsuit against Sun Microsystems, Inc. ("Sun") on
behalf of current and former technical support employees of
Sun alleging it failed to pay overtime wages in violation of
California labor laws. The suit, entitled Connell
v. Sun Microsystems, Inc., was filed in Alameda County
Superior Court in Oakland, California.
It alleges that Sun illegally treats its California
employees who install, maintain or support computer software
or equipment as "exempt" under California labor laws
so it does not have to pay them overtime. Plaintiff is asking
the court to order Sun to pay technical support employees for
the overtime they have worked in the past, and to start paying
overtime to employees who are eligible for it.
If you have any information about this suit,
and would like to contact us please click
here.
Accountemps and Office Team
Overtime Wages
On August 9, 2005, a class action lawsuit was filed against
Robert Half International, Inc. ("Robert Half") on
behalf of current and former Staffing Managers at Robert Half's
Accountempts and Office Team divisions. The suit, entitled Greene
v. Robert Half International, Inc., was filed in federal
court in San Francisco.
Robert Half is a large specialized staffing firm
with 300 offices in North America, almost all with both Accountemps
and Office Team division Staffing Managers working as inside
sales personnel selling temporary placements of clerical and
accounting workers to businesses.
Plaintiff charges that Robert Half illegally treats
its Staffing Managers nationwide as "exempt" under
federal labor law so it does not have to pay them overtime.
The amended class action complaint alleges violations of federal
law on behalf of a nationwide class of Staffing Managers.
If you have any information about this suit,
and would like to contact us please click
here.
Ward vs. American Homeshield
Corporation
The firm, as lead counsel, filed suit in the United States District
Court for the Central District of California in March of 2007
against American Homeshield Corporation (AHS) the nation's leading
seller of what are commonly referred to as home warranties.
The Complaint alleges that AHS engages in deceptive and unconscionable
conduct under California law to increase its revenues and deny
consumers the rights afforded them under their AHS contracts.
Specifically, the lawsuit challenges the validity
of a recent upgrade program that AHS offered to each of its
1.2 million customers. The complaint alleges that the program
was deceptive and provided no value to consumers. The suit
seeks to obtain reimbursements for consumers affected.
If you have any information about this suit,
and would like to contact us please click
here.
Feder v. Hewett-Packard Co.
This nationwide class action lawsuit, filed in June of 2005
alleges that defendant Hewlett-Packard Co.'s (HP), low on ink
(LOI) warnings on its popular inkjet printers were deceptive.
The Complaint alleges that these warnings were significantly
inaccurate and HP knew these warnings were inaccurate, and failed
to disclose to consumers the scope and magnitude of the inaccuracy.
In some instances, consumers were deceived by these warnings
to the degree that based on the warning, they discarded ink
cartridges that contained useable ink. This case, brought on
behalf of consumers throughout the nation, seeks damages relating
to ink purchased unnecessarily or discarded because of HP's
failure to advise consumers of the true nature of the low ink waning.
The suit also requests injunctive relief which
would require HP, by court order, to more accurately calculate
and report the remaining ink in the cartridge and provide more
complete and useful disclaimers and information to consumers
about the levels of remaining ink.
If you have any information about this suit,
and would like to contact us please click
here.
Dunker v. Certainteed
This class action lawsuit, filed on September 22, 2006, alleges
that defendant Certainteed manufactured, sold and distributed
defective roofing shingles in several states across the country.
Despite providing consumers with warranties of 25 and 30 years,
the Certainteed shingles at issue in the case allegedly failed
well before that time and exhibited flaking, deterioration and
curling sometimes as early as 5 years after installation. Certainteed,
in case after case, allegedly failed to honor their warranty
and refused to pay the significant cost of replacement including
the labor required to remove and replace the defective shingles
with a non-defective substitute. The case seeks to reimburse
consumers for the cost of the defective shingles and pay for
the labor required for reinstallation.
If you have any information about this suit,
and would like to contact us please click
here.
Eaves v. Earthlink
This class action lawsuit, filed in March 2005 alleges that
defendant Earthlink, a nationwide internet service provider,
forces its customers to allegedly pay exorbitant early termination
fees if they seek to cancel their service. The suit alleges
these fees are unlawful penalties. In effect, the imposition
of these fees improperly denies Earthlink customers the ability
to cancel their service for any reason such as the poor quality
of Earthlink service or take advantage of other offerings in
the marketplace. The lawsuit, brought on behalf of consumers across
the country, seeks to reimburse consumers who have paid the
fee and end Earthlink's practice of charging an early termination
fee that amounts to a penalty.
If you have any information about this suit,
and would like to contact us please click
here.
Nahay v. Vonage
This class action lawsuit, filed in November 2006, alleges
that defendant Vonage, one of the first voice over internet
protocol telecommunications company engaged in a pattern and
practice of failing to allow consumers to cancel their service
despite repeated demands. The suit also alleges that Vonage
service was inadequate in a number of significant ways. For
example, despite representations to the contrary, Vonage users
were unable to receive or complete calls to several non-internet
telecom carriers. The suit seeks damages for consumers who were
forced to pay for service they did not receive or attempted
to cancel.
If you have any information about this suit,
and would like to contact us please click
here.
Strzalkowski v. General Motors
This class action lawsuit, filed in November 2004, alleges that
defendant General Motors deceptively engaged in what was referred
to by them as a "customer satisfaction program." The
case stems from GM's decision in the late 1990s to replace an
aluminum manifold in various GM V6 engines with a plastic part
that allegedly had a significant propensity for warping and
cracking, resulting in coolant leakage and in some cases catastrophic
engine damage. Instead of replacing the manifold in the face
of tens of thousands of warranty claims, GM only offered consumers,
allegedly, "a band aid" consisting of a set of fastners
(to tighten the already damaged manifold to the engine block)
and a wood-based additive in the form of a pellet (that filled
only small existing leaks). The complaint alleges that this
approach, at best was designed only to get consumers beyond
the engine’s warranty time period. The suit seeks damages
for consumers who were required to pay for repairs caused by
the plastic manifold failing and to require that GM bolster
the scope of the "customer satisfaction program" to
include a new manifold and replacement of damaged seals and
related parts.
If you have any information about this suit, and would like to contact us please click here.
|