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Class-Action Product Liability Archives | Farah & Farah

Subway Chicken Class Action Lawsuit

By Farah & Farah 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 Farah & Farah 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 Farah & Farah 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.

Asbestos Study in Libby, MT

By on June 23, 2009

After many years in the spotlight as a Superfund site, the town of Libby in Montana is getting some much-needed attention in the form of an 8 million dollar federal effort to study the effects of asbestos exposure on local citizens.

The Libby Amphibole Health Risk Initiative will include intensive research to document and identify the potential links between asbestos exposure and a list of chronic health conditions in the local population. Read the rest »

Flordia Drywall Lawsuits Also Occurring Across the Country

By on March 6, 2009

California is the latest state to notice wallboards that are emitting a noxious sulfur or rotten egg smell from this defective product. It’s a problem that originated in Florida, where high humidity is causing people to move out, their electronics and appliances to corrode, and people coughing and concerned about their health.

There may be 65,000 homes nationwide that were built with substandard wallboard during the building boom. A German manufacturer, Knauf, apparently used contractors in China to create the wallboard. No one has established that the smell is hazardous to your health, but it sure is consistently corroding wiring across the country. Read the rest »

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