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Subway Chicken Class Action Lawsuit

By David Haskins on March 8, 2017

There is potentially a class action lawsuit facing restaurant chain, Subway, over chicken that may, in fact, not be chicken. On the 3rd of March, a lawsuit was entered in the U.S. District Court of Connecticut after news erupted concerning a DNA report that the “chicken” used in Subway’s chicken food products is actually only 53.6% chicken meat. The reported stated that some sandwiches came back with worse results than others, like the sweet onion teriyaki chicken sandwich, which was discovered to be 42.8% chicken DNA.

Per the report in the lawsuit, Subway is the only restaurant, among the ones tested, that had a quantity of plant-based DNA great enough to be recognized as a species of soy. The lawsuit, which is twenty-two pages, lays out the allegation that the Connecticut-based corporation pays a substantial sum of money to adequately deliver deceptive information to customers all over the U.S.

Craig Moskowitz, a Stamford resident, had the lawsuit filed on his behalf after claiming he is a regular consumer of Subway’s products.

As of Monday evening, no one has been available to comment from the fast-food chain, Subway, nor has a lawyer been appointed to the case. However, the chain did blast back on the claim using their own website and different social media outlets, stating that according to their own DNA analysis, the chicken is 99% chicken DNA and the soy DNA is not greater than a single percent. On the use of soy, Subway claims that the plant is added to keep food products full of flavor and moist.

Concerns have been raised by both scientists and the restaurant chain as to the procedure implemented in the original report. “[The report] used factually incorrect data to suggest the chicken Subway serves might not be all chicken,” stated on the restaurant chain’s webpage. “The claims made in the story are false and misleading. We use only chicken—with added marinade, spices and seasoning. Producing high-quality food for our customers is our highest priority.”

Attorney for the Plaintiff, Sergei Lemberg, gave a statement to the Connecticut Law Tribune that, as of Monday, he would be having his firm conduct their own study of the chicken, so as to determine the percentage of chicken DNA in Subway’s menu items. Lemberg, owner of Lemberg Law in Wilton, Connecticut, made the comment that it would be “a couple of months” before the study would yield any results. “We’ll wait for the results and for the discovery process to shed light on whether this chicken is or is not completely chicken,” Lemberg was quoted on the matter.

At this point, it is unclear how many individuals are eligible to join the lawsuit, according to the lawsuit, but it clear that the numbers could be in the millions. It has not been made clear what is necessary to be a party to the class action. On this Lemberg made the comment that it would have to be determined in the discovery, but that all that could be needed is a receipt from Subway indicating a purchase of a chicken product.

Compensatory, punitive and statutory damages are being sought in the lawsuit.

Is Your Explorer Poisoning You With Exhaust?

By admin on March 2, 2017

A federal investigation is focusing on exhaust fumes filling the cabin of the popular SUV, Ford Explorer.

Many consumers have complained of a rotten egg smell coming from the back of Ford Explorers. That smell may be more than unpleasant, it may be toxic.   

A dash cam video shows Newport Beach, California officer Brian McDowell behind the wheel of his 2014 Explorer police cruiser.  CBS News reports he was responding to a call when he blacked out behind the wheel, crossed into ongoing traffic and crashed into a tree.

McDowell dislocated his shoulder, suffered traumatic brain injury and a broken eye socket. 

There was no medical reason for him to black out. McDowell had no drugs or alcohol in his system.

The smell may be carbon monoxide and the issue seems to occur while the vehicle is accelerating with the AC on.   

NHTSA finally launched investigation in July after 154 customer complaints about the 2011 to 2015 model Ford Explorers. Now, CBS reports there are 450 complaints and they include the 2016 and 2017 Explorer models. 

NHTSA reports there have been no serious injuries, though office McDowell’s accident could hardly be discounted as “not serious,” since he nearly died.   

Officer McDowell is suing.

In Florida, Angela Sanchez-Knutson sued Ford in 2014 over the odor in her car. After eight service visits to a Sunrise dealership, the dealership said it had no idea how to fix the problem. 

Her lawsuit claims consumer protections laws have been violated.

Last October, in response to the Sanchez-Knutson lawsuit, Ford agreed to a national settlement to benefit up to one million consumers.

Consumers who purchased or leased a 2011 to 2015 Ford Explorer are part of the class which offers several components of relief – first, repairs including additional sealing efforts and parts replacement including HVAC recalibration. 

If necessary, the exhaust tips and muffler assembly will be replaced. 

Consumers will be offered cash if they are out of a warranty period. 

If the problem is not fixed, Ford will buy back the car. 

One million Ford Explorer owners and lessees must be directly informed about the exhaust issue as part of the settlement. 

The settlement was reached after the trial began. 

For its part, Ford has issued three repair bulletins since 2012 so car dealers can fix the problem. The bulletins do not mention the “dangerous quantities” of carbon monoxide leaking into the passenger cabin, according to a lawsuit filed against Ford. 

Ford also says consumers should contact their local Ford dealer and the odor “poses no safety risk.”

To remedy the situation for now, police cars in Newport Beach carry monoxide detectors in the cabin. CBS News reports some have gone off.

Takata Pleads Guilty to Criminal Wrongdoing Over Its Airbags

By admin on March 2, 2017

Sixteen Americans have lost their lives due to defective air bags and now we know what those lives were worth.

Japanese auto parts maker, Takata agreed to a $1 billion fine to settle criminal felony charges that the company concealed the defects in millions of air bag inflators over a 15-year period. 

The decision occurred in a Detroit federal courtroom on the last day of February after Takata struck a deal with the Department of Justice.

The problem is in the ammonium nitrate-based airbag inflator. It causes the airbag to inflate with too much force, sending metal shards into the passenger cabin and its inhabitants. 

In pleading guilty to criminal wrongdoing, Takata admitted it provided misleading test reports to automakers.

Included in the settlement is a $25 million criminal penalty and $125 million for victims.  Also Takata must pay $850 million to the car companies as restitution.

Takata’s chief finance officer blamed the actions of certain employees as “deeply inappropriate.”

So far 42 million vehicles are being recalled in the U.S. Approximately 180 injuries have occurred along with the 16 deaths.  All but one of the deaths occurred in Honda vehicles, reports Reuters.

Other automakers involved include Toyota, Ford, Nissan and BMW, which have conducted 31 million vehicle recalls over the issue since 2008.

All automakers purchased Takata airbags for their vehicles, despite their awareness that they posed a danger.

“These automakers acted recklessly by putting price ahead of consumer safety, says Eddie Farah of Farah & Farah. 

Those six automakers are the subject of lawsuits by consumers who allege they kept using airbags they knew were defective.

Consumers should check NHTSA to find out if their vehicle is affected by the Takata air bag recalls.

Is There a Driver in that Car? Florida Leads Nation in Lax Driverless Car Laws

By admin on March 1, 2017

You’ve seen stories about driverless cars around the country.

The Department of Transportation issued guidelines for safety of passengers in driverless cars after a Florida driver, who relied on autopilot, crashed his Tesla into a tractor-trailer with fatal results. 

Despite that setback, Florida lawmakers are eliminating roadblocks to the new technology with the state ridding itself of a requirement that self-driving cars be on our roads for testing purposes only. 

Florida’s love with driverless cars began five years ago when Florida state senator, Jeff Brandes, invited two Google self-driving cars to Tallahassee. He announced it was an “education campaign to get people to understand that this is the future.” 

Since then, the Florida legislature has passed HB 7027 that allows fully automatic vehicles on our state roads without a driver. Florida now allows anyone with a driver’s license to be behind the wheel of a self-driving car for any purpose, even if they are operating the car on autopilot, as long as they are capable of bringing it to a full stop.

The theory is that a vehicle’s occupant can relax and tend to business, like talk on the cellphone, rather than attend to the dreary drudgery of driving. Never mind that mass transit, trains and buses also allow a passenger to relax while putting fewer vehicles on our already crowded roads.

But that makes too much sense. 

The first state to pass legislation generally becomes a model for the remainder of the country, so all eyes are on Florida, especially in the area of liability.    

For example, who is responsible when a driverless car goes haywire – the driver or the technology? 

Manufacturers such as Ford, Google, BMW, Volvo, among others, argue that the autonomous technology advances will reduce human-error that causes nearly 40,000 traffic deaths every year.    

That remains to be seen, but there are indications consumers, injured by the driverless technology, may have to seek compensation from a common insurance pool rather than lay fault with a manufacturer. 

Already, manufacturers want the government to preempt or prevent product liability claims from being filed after an accident with one of these vehicles. The theory is if there was federal premarket approval of the technology, tort claims against the automakers should not be allowed.

Not only does that shut the courthouse door to you and me but it relies on taxpayers to pick up the tab for injuries and deaths allowing manufacturers to escape any responsibility. 

That’s a sweet deal for them, but very bad for the rest of us.

Proton Pump Inhibitors- Be Careful of Larry the Cable Guy

By admin on February 27, 2017

You might want to think twice before taking medical advice from Larry the Cable Guy.

Larry tells you to take “One pill every morning” of Prilosec OTC (over-the-counter) medication to treat your frequent heartburn by decreasing the amount of acid in the stomach. Go ahead and eat that greasy plate of ribs.   

We are looking at new cases of kidney injury among Americans who take Prilosec and its next generation of Proton Pump Inhibitors (PPIs), Nexium, the little purple pill, both blockbuster drugs for global drug company AstraZeneca.

The kidneys are a pair of organs located in the back of the abdomen. Their job is to filter the blood.  PPIs may damage the kidneys by causing magnesium levels to drop. The use of PPIs may also cause acute kidney inflammation.

Prilosec still doesn’t have a warning about AIN (Acute Interstitial Nephritis), a drug-related kidney disease that can lead to organ failure. Nexium’s label does not have any specific warnings about these side effects even though the first report of Prilosec-induced AIN was published in 1992.

A published study in JAMA (Journal of the American Medical Association) Internal Medicine in February 2016 found using PPIs is associated with a 20-50% higher risk of developing chronic kidney disease, than among nonusers.

The drugs are actually intended for limited use up to 14 days, three times a year, so Larry has it all wrong with his “Pill a Day” prescription.  Still the ads continue.

To make matters worse, AIN can be asymptomatic and permanent leading to acute kidney failure or kidney injury. Stage 5 is the complete loss of kidney function leading to kidney dialysis and/or a kidney transplant.

Anyone taking these drugs long-term who suspects kidney damage might want to consider a series of blood tests which include BUN testing to measure blood nitrogen, used to diagnose kidney function. 

Doctors can measure the amount of blood creatinine, a waste product, to test the kidney function. Calcium tests screen for kidney disease as does a blood phosphorous test. 

Patients with kidney failure may have severe anemia from a lack of red blood cells.

AIN should be diagnosed early to avoid permanent kidney damage.

Besides kidney damage, plaintiffs have named AstraZeneca’s PPIs in defective product lawsuits accusing the company of failing to warn about an increased risk of bone fracture, heart attack, stroke and dementia.

The Judicial Panel on Multidistrict Litigation held a hearing late January 2017 to consider whether the growing number of PPI cases should be consolidated into one federal court for pretrial proceedings.

Questions Arise About Brain Supplements

By admin on February 22, 2017

It’s a good idea to ask questions about supplements. After all, the U.S. Food and Drug Administration does not regulate the industry other than to clamp down on outrageous claims of muscle strength, sexual enhancement or heart health.

Brain boosters are the latest type of supplement that promise to keep your brain agile into your later years when Alzheimer’s disease threatens to wipe out memory and cognitive function. But are the benefits believable?

What is believable is that the supplement industry has enjoyed a ten-fold increase in the number of brain-boosting supplements marketed in the U.S. in the last twenty years.

According to Fair Warning, health product retailer GNC lists 354 products on its website with the word “brain.”

Sparked by the claims made by Quincy Bioscience of Madison, Wis. the makers of Prevagen, the Federal Trade Commission and New York State authorities sued the maker alleging the company makes false and unsubstantiated claims. 

New York Attorney General Eric Schneiderman believes the aggressive marketing is fraud that targets a vulnerable group – older Americans. A bottle of Prevagen can run as high as $69.

Prevagen’s ads say its key ingredient, the protein apoaequorin, was originally discovered in a rare jelly fish. In truth, the company makes the ingredient in a lab to save the cost of harvesting from jellyfish.

The Food and Drug Administration (FDA) says a supplement must be a food or all-natural, not made in a lab. Otherwise it is an unapproved drug. 

The Federal Trade Commission, in its complaint, believes there is no scientific truth that Prevagen will improve memory. It points to the company’s own clinical study that “failed to show a statistically significant improvement” in the treatment group when compared to a placebo group.

Quincy says the allegations are unfounded and points to its double-blind placebo-controlled study on brain performance.

The General Accounting Office is exploring whether brain supplement marketing claims are true.

Where does all this leave the consumer?

It may come down to who do you trust? Many consumers see supplements as a low-cost alternatives to drugs with fewer side effects and believe the FDA may be doing the bidding of the pharmaceutical industry which would love to market its own version of Prevagen for profit.

If vulnerable Americans were really being served, our regulators might require further proof of the claims made by the $37 billion a year dietary supplement business, rather than file actions to shut them down. 

Consumers should be suspicious of exaggerated or unrealistic claims whether made by the supplement industry or the pharmaceutical giants.

We’ve seen far too many examples of the FDA as a toothless tiger that has not done its due diligence to make sure that products on the shelf, whether a drug or supplement, are safe and effective.

When Robo Call Says Hello – You Say Goodbye

By admin on February 13, 2017

Have you ever received a call where the first question from the caller is “Can you hear me?”  Most of us have, but when a caller asks for you to say “Yes” it’s better to say “Goodbye.”

It’s part of a new scam by the telemarketing industry.

You may not even know that the caller is an automated system or robocall. It sounds casual enough and most of us have asked or been asked whether the call is clear, so you may not even be suspicious. 

But according to police departments across the country, Consumerist reports the scammers may be recording your voice saying, “yes.”

That voice recording may later be used to sign you up for a service, a home alarm system or a cruise- something you never wanted. You voice recording may confirm you agreed to charges on a stolen credit card, when you didn’t.

In one lawsuit filed by the Federal Trade Commission, telemarketers told consumers they would provide them with identity theft protection services if they signed up for a new Medicare card, all they would need to do is provide their bank account numbers. In those cases the fraudulent recording was used to confirm the agreement.

Another scammer promised the victims would receive a prescription drug discount card. Those victims were allegedly coached on how to give a purportedly recorded authorization to withdraw from their bank accounts. The victims not only didn’t receive any discounts but they suffered additional harm from no-sufficient fund withdrawal fees.

The Federal Trade Commission oversees telemarketers and has examples of how telemarketers work to scam consumers.

You may want to screen your calls, but some scammers will obtain a local number so it looks like a local business is calling.  Check out a robo calling services that blacklists phone numbers who have been reported as Do Not Call violators.

You may reply with “I can hear you” if you have any doubts.  Best to just say “No” to any telemarketer whether live or recorded.

Posted in: Fraud

Can I Be Fired for Filing Workers’ Compensation in Florida?

By content on January 30, 2017

Employees who are injured while on the job in Florida are generally entitled to receive workers’ compensation benefits via their employer. However, injured employees are sometimes reluctant to file for workers’ compensation because they fear that if they seek benefits their employer will fire them in retaliation. Generally speaking, employer-employee relationships in Florida are governed by the traditional “at-will” employment doctrine. This doctrine holds that either the employer or the employee may lawfully terminate the employment relationship at any time. While the at-will employment doctrine holds true in almost every employment situation, there are a few notable exceptions in Florida that the legislature has carved out in the name of public policy. One of these exceptions is contained within the Florida Workers’ Compensation Act and prohibits employers from firing, or threatening to fire, employees for claiming workers’ compensation benefits. This exception is referred to as Florida’s workers’ compensation retaliation statute.

Florida’s Workers’ Compensation Retaliation Statute

Florida’s workers’ compensation retaliation statute is contained in section 440.205 of the Florida Statutes and states that:

“No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.”

If an employer in Florida violates this statute the injured employee can file a lawsuit claiming that the employer unlawfully engaged in workers’ compensation retaliation. However, injured employees should note that while Florida’s retaliation statute makes it illegal for employers to fire employees for seeking workers’ compensation benefits, the statute does not require employers to reserve an injured employee’s job while he or she takes time off from work to recuperate. In other words, in order to win their retaliation case the injured employee must have been fired, or threatened with termination, because they filed for workers’ compensation benefits. However, plaintiffs who are ultimately able to prove their workers’ compensation retaliation case can recover a variety of different damages, dependent on the circumstances of the case, including lost earning capacity, medical benefits, and lost wages.

Proving that Retaliation Occurred In Florida: Three Elements

Proving that an employer engaged in workers’ compensation retaliation can be extremely difficult, but is by no means impossible. In order to win a retaliation case in Florida the injured employee must be able to prove all three of the elements listed below, which the court explained in the landmark case Russell v. KSL Hotel Corp.:

Element 1 – He or She Engaged in a Statutorily Protected Activity: Filing for workers’ compensation benefits is a statutorily protected activity under Florida’s Workers’ Compensation Act. Therefore, if an injured employee can simply show that he or she filed for workers’ compensation benefits then this first element will be satisfied.

Element 2 – He or She Suffered an Adverse Employment Action: As the retaliation statute outlined above notes, there are a number of different ways in which an employer can engage in illegal retaliation against an employee. In order to satisfy this element the injured employer simply needs to show that they suffered an adverse employment action. For example, the injured employee can satisfy this element by providing evidence showing that they were fired.

Element 3 – There is a Causal Connection Between the Adverse Action and the Protected Activity: In order to show that there is a causal connection between the injured employee filing a workers’ compensation claim and the resulting adverse employment action, the employee must show that the employer knew that that the employee was seeking workers’ compensation benefits and terminated, or threatened to terminate, the employee because of this knowledge.

How Can Employers Defend Against Claims of Retaliation?

After an injured employee argues in court that their employer unlawfully retaliated against them for filing for workers’ compensation benefits, the employer is then given an opportunity to explain why the employee was fired, or suffered some other adverse employment action. In order to defeat the employee’s retaliation claim, the employer must provide a legitimate and non-retaliatory justification for their actions. For example, an employer may be able to show that an injured employee’s job was eliminated due to budget cuts, rather than to punish the employee for seeking workers’ compensation. Essentially the employer has to show that they would have taken the same adverse employment action against the employee regardless of whether or not the employee filed for workers’ compensation benefits. The book Understanding and Preventing Workplace Retaliation provides the following list of evidence that employers often find helpful when attempting to show that they had a legitimate reason for firing an injured employee. Helpful evidence includes:

Examples of other employees who were also fired, but who did not file for workers’ compensation benefits,
Evidence of disciplinary procedures or performance concerns involving the injured worker that occurred before he or she filed for workers’ compensation, and
Evidence showing that the employer holds all employees to the same workplace rules or standards, regardless of who has filed for workers’ compensation.

If the employer succeeds in providing a legal justification for their actions, then the employee is given the opportunity to show that the employer’s justification is in fact a pretext. If the court agrees that the employer’s alleged justification is nothing more than a pretext, then the injured employee will win the retaliation case. If not, then the employer will be off the hook.

Need Legal Advice?

If you believe that you were fired in retaliation for filing a workers’ compensation claim consider filing a retaliation lawsuit without delay. Even if you aren’t completely sure whether or not your employer’s actions legally constitute retaliation in Florida, contact the experienced Florida workers’ compensation lawyers at Farah & Farah to discuss whether or not you have a case during a free initial consultation. Our firm is committed to working tirelessly to protect our clients’ rights and to holding employers in Florida accountable for their legal obligations to their employees. Call our office today.

Farah & Farah – Our Community Service Matters

By admin on January 28, 2017

Once in a while we like to do a little bragging about what we feel is our commitment to give back to NE Florida, our home for more than 30 years.

New Year’s Eve and the July 4th holiday we picked up the tab for more than 750 cab rides to make the city of Jacksonville safe from drivers who may have overindulged.   We don’t judge, we just help you get home safely. 

Farah & Farah has given away dozens of free bicycle helmets to make sure your kids have properly fitted and fastened head gear that meets the federal safety standards. 

We conducted two giveaways this year at the August 3, 2016 Downtown Art Walk and August 9th at Chick-Fil-A on Roosevelt Rd.  Learn more at: www.keepjaxsafe.org.

Farah & Farah was honored to provide Christmas gifts to three seniors who were our representatives before the Jacksonville Bar Association this year. They had signed up on the Santa Wish List and Farah & Farah provided and delivered gifts that were included on their individual wish lists.

www.Imastarfoundation.org

http://www.imastarfoundation.org/Student-Motivational-Training-Jacksonville-FL.html

I’m a Star Foundation is a local non-profit organization that serves as a leadership and mentoring boot camp for students grades 6 through 12. The students are enrolled in Duval County Public Schools and I’m a Star empowers them to graduate high school and realize their potential.

Betty Burney is the founder of the foundation and the local woman is a motivational speaker and education consultant who has been a community leader for nearly 30 years in Jacksonville. Farah & Farah is proud to support I’m a Star Foundation and has supported many local efforts by the generous Ms. Burney throughout the years. 

Jacksonville Area Legal Aid (JALA) helps those in need of legal assistance but have no money for a lawyer. Elderly individuals who have been taken advantage of by the unscrupulous, help in family matters when there is no budget to hire an attorney, or for those who are losing their homes, or for the disabled, these are some areas that JALA helps. https://www.jaxlegalaid.org/

We support JALA because we believe everyone must have access to the legal system, not just those who have enough money to get through the courtroom doors.   

It’s a fundamental and an American right.

At Farah & Farah we take our community involvement very seriously.  We feel we are indebted to our community because it supports all of our employees in the office and allows us to support our families.

It’s our moral obligation for us to give back to the community.  That is truly the way we feel and we are honored to do so.

Posted in: Law Firm News

Scammers and Gift Cards

By admin on January 28, 2017

The holidays might have brought you many gifts you wanted, and some you didn’t.

For consumers who don’t want to buy the wrong gift, a prepaid card linked to your favorite retailer, say Target or Amazon, might be loaded with a limited amount of cash. The recipient is supposed to use it like a debit card.

Most Americans have given or received gift cards. But consumers beware – there are pitfalls to these cards.

First- if you lose the card, generally you are out of luck, depending on the terms of the contract.

Then there the problem of gift cards that sit unused. It’s called “spillage” and that is something the retailer counts on.  Spillage accounts for an estimated $1 billion in unused dollars every year, resulting in a gift to the retailer, reports Barron’s.

Watch for fees that may apply to a gift card sold by a financial institution. The card can have an activation or inactivity fee that degrades their value.

If you have an unwanted gift card you can trade it for one you do want. eBay’s CardCash app will allow a $100 Walmart gift card to be traded for a $93 eBay gift card.

Beware of the latest scam involving the iTunes gift cards.

An iTunes card purchased at CVS, might result in a call asking the recipient to put cash on the card to pay taxes or help someone in need. 

The scammer might say they have a CP2000 letter that requests a tax payment be made to the Internal Revenue System (IRS).   

CVS says never provide your PIN number to someone you don’t know. 

The Treasury Inspector General for Tax Administration has recently issued a warning to taxpayers about people who call you claiming to be from the IRS or Treasury Department and urging you to use that gift card to pay your tax bill. 

The warning says “The IRS WILL NOT contact you by phone with threats for non-payment of tax liability.”

The IRS will never require an iTunes or Amazon gift card or credit card for tax payment.  It’s a scam also seen on Green Dot Prepaid Cards, Money Pak Prepaid, Reloadit Prepaid, among others.

If you receive a call from the IRS allegedly to settle a tax bill, the government warning says just hang up. 

Dozens of consumers have been scammed this way, at one point to a tune of 150 reports a week. In October, the U.S. Department of Justice indicted dozens of alleged scammers based in the U.S. and five call centers in India. 

Prepare to be especially vigilant during the upcoming tax filing season.

Posted in: Law Firm News

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The attorneys of Farah & Farah in Jacksonville, Florida have experience with personal injury, medical malpractice, product liability, workers’ compensation, social security, injury and negligence lawsuits, family law and criminal defense. Eddie Farah and our team of Jacksonville attorneys are proud to represent working people and families throughout the country.

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