The attorneys at Migliaccio & Rathod have successfully prosecuted a number of noteworthy consumer protection, wage and hour, civil rights, and environmental contamination cases, including the following:
Consumer Protection Cases
Automotive Consumer Protection
Adeli v. Silverstar Automotive, Inc.: Case No. 5:17-cv-05224 (W.D. Ark.). M&R was co-lead trial counsel in this individual consumer fraud suit for economic losses that resulted in a trial verdict of over $5.8 million, the vast majority of which was in punitive damages. (Judgment later reduced to $533,622, inclusive of a reduced but sizable punitive damages amount, which was affirmed by the Eighth Circuit Court of Appeals).
Hamilton v. American Honda Motor Company Inc.: Case No. 1:18-cv-4367 (N.D.Ga.) Represented owners of 2015-2018 Honda Civics, CR-Vs and Accords with the 1.5L Turbo Engine which experienced oil dilution in a class action lawsuit. The engines in the Class Vehicles suffered from an inherent latent defect that resulted in the engine oil becoming diluted with gasoline, reducing the oil’s ability to protect and lubricate the engine, leading to premature engine wear, potential engine damage and ultimately potential engine failure. Secured extended warranty, reimbursement for expenses as a result of the named issue including for towing, oil changes, diagnostic fees, and ensured Honda provided product updates to the impacted consumers.
Tomassini v. Chrysler Group, LLC: Case No. 3:14-cv-01226. (N.D.N.Y.) Secured a full refund for a consumer for repairs done in connection with defective tire pressuring monitoring system units on his Chrysler Minivan. Discovery revealed a cover-up by Chrysler in which a known defect in the part was concealed and a proposed warranty program scrapped because it would have cost the company too much money.
Fath et al. v. Honda North America, Inc.: Case No. 0:18-cv-01549 (D. Minn.). M&R served on the Plaintiff Steering Committee in this putative nationwide action arising from Honda’s alleged manufacture, design, marketing and sale of vehicles with an oil dilution defect. The case settled on a class-action basis, and class members were provided with an extended warranty, reimbursement of expenses, and a product update where applicable.
Hyundai and Kia Engine Litigation: Case No. 8:17-cv-00838 (C.D. Cal.). Represented consumers with defective engines in certain models and model years of Hyundai and Kia engines. Final approval of the settlement is pending. Benefits of the settlement include a lifetime warranty extension for the engine short block assembly, full reimbursement of past inspections and repairs, and a loaner vehicle while personal vehicles are in the shop. For more information, visit: https://www.kiaenginesettlement.com/Home/FAQ#faq9 .
Technological Consumer Protection Cases
Carlotti v. ASUS Computer International et al.: Case No. 18-cv-03369 (N.D. Cal.). Represented plaintiffs in a class action suit brought on behalf of purchasers of ASUS Rog Strix GL502VS or GL502VSK laptops with defective batteries or which overheat due to their insufficient cooling system. Benefits of the resulting settlement include cash payment of up to $110 or credit certificate of up to $210 for any impacted individual. For more information, visit: https://www.asuslaptopsettlement.com/
Matthews v. TCL Communications et al.: Case No. 3:17-cv-95 (W.D.N.C.). Represented plaintiffs in a class action brought on behalf of purchasers of Alcatel OneTouch Idol 3 smartphones who alleged that a firmware update removed Band 12 LTE functionality from their phones, greatly reducing their functionality. Served as Court-appointed class counsel in a class action settlement which provided class members with either the reinstatement of Band 12 LTE functionality on their phones, or new phones with LTE Band 12 functionality.
Wheeler et al. v. Lenovo (United States) Inc.: Case No. 13-0007150 (D.C. Sup. Ct.). and Kacsuta v. Lenovo (United States), Inc., Case No. 13-00316 (C.D. Cal.). Represented plaintiffs in a class action brought on behalf of purchasers of Lenovo laptops that suffered from Wi-Fi connectivity problems. Served among the Court-appointed class counsel in a nationwide settlement where Lenovo agreed to refund $100 cash or issue a $250 voucher (which required no purchase to use) to owners of the laptops.
Bendetowies et al. v. Facebook, Inc.: Case No. 1:18-cv-06263 (N.D.Cal.). Represented consumers in a class action against Facebook for its failure to exercise reasonable care in securing and safeguarding its account holders’ Private Information. On information and belief, Plaintiffs’ and Class members’ personal information was stolen by hackers as a result of Facebook’s security failures. Facebook’s security failures exposed Plaintiffs’ and Class members’ Private Information to a massive security breach affecting approximately 50 million Facebook users. The failures put Plaintiffs’ and Class members’ personal and financial information and interests at serious, immediate, and ongoing risk and they, therefore, received a settlement.
Miscellaneous Consumer Protection Cases
Washington v. Navy Federal Credit Union: Case No. 2019 CA 005735B (D.C. Sup. Ct.). Represented individuals whose rights were violated by Navy Federal Credit Union when they had their vehicles repossessed. The court granted final approval of the $800,000 settlement on October 30, 2020. Each affected party in the lawsuit received no less than $748.12 based on the details of their vehicle repossession. For more information, visit: http://www.nfreposettlement.com/
Ousmane v. City of New York – Represented New York City street vendors in a pro bono class action suit against the City of New York for excessive fines and helped secure a settlement with a value of over $1 million.
Sonya O. Carr v. Transit Employee Federal Credit Union: Case No. 19-cv-005735 (D.C. Sup. Ct.). Represented plaintiffs who made a loan agreement with TEFCU and subsequently had their vehicle repossessed through a process in violation of the D.C. Consumer Protection Procedures Act. The court granted final approval on a settlement for $215,000. Each class member personally received payment of over $1,000 each. For more information, visit: http://www.tefcureposettlement.com/.
Young v. Nationwide Mut. Ins. Co.: Case No. 693 F.3d 532, 535 (6th Cir. 2012). Represented classes of consumers against several major insurance companies for the failure to use technological advances in verifying the addresses of insureds, leading to overcharges. Litigation culminated in several multi-million dollar settlements.
Walsh et al. v. Globalstar, Inc: Case No. 3:07-cv-01941 (N.D. Cal.). Represented customers of Globalstar satellite telephone service who brought claims that Globalstar knew that it was experiencing failures in its satellite constellation and its satellite service was rapidly deteriorating and was no longer useful for its intended purpose, yet failed to disclose this information to its potential and existing customers. Served as Court-appointed class counsel in a nationwide settlement that provided an assortment of benefit options, including, but not limited to, monetary account credits, free minutes, or cash back for returned equipment.
Wage & Hour Cases (Unpaid Overtime, Employee Misclassification, Minimum Wage Violations)
Bland v. Calfrac Well Services: Case No. 2:12-cv-01407 (W.D. Pa.). Represented oil field workers in a nationwide collective and class action lawsuit against Defendant Calfrac Well Services for its alleged failure to properly pay overtime to its field operators. After extensive litigation, the case settled for $6 million, which provided a gross recovery per class member of between $250 and approximately $11,500.
Buszta et al v. Quality Midwestern Holdings Inc, d/b/a Quality Services Moving (“QSM”): Case No. 1:18-cv-593-LO/IDD (E.D. Va.). Represented workers in a class and collective action against QSM in the Eastern District of Virginia for their unpaid wages and overtime. These workers would regularly perform work for which QSM did not pay them, such as driving to job sites, returning moving trucks, and prepping the trucks for item delivery. This case concluded in a settlement through which involved parties received payment based on their lost wages.
Corbin v. CFRA LLC (IHOP): Case No. 1:15-cv-00405 (M.D.N.C.). Represented over 1500 restaurant servers in a collective action lawsuit against CFRA, LLC for violating the provisions of the Fair Labor Standards Act by requiring their servers to spend more than 20% of their time on non-tip producing work, while paying them sub-minimum wage. The litigation resulted in a $1,725,000.00 settlement, with awards for servers ranging between $75 as a minimum payment and roughly $4,000 depending on the total tip-credit that was taken from them.
Craig v. Rite Aid Corporation: Case No. 4:08-cv-2317 (M.D.Pa.). Represented Rite Aid Assistant Managers in a case alleging that Rite Aid had misclassified its Assistant Managers as exempt from federal and state overtime laws. Plaintiffs alleged that their primary duties involved manual labor such as loading and unloading boxes, stocking shelves, cashiering and other duties which are not exempt under federal and state overtime laws. After extensive litigation, the case settled for $20.9 million, covering over 1,900 current and former assistant store managers. In issuing its order approving the settlement, the court stated that the settlement “represents an excellent and optimal settlement award for the Class Members” resulting from “diligent, exhaustive, and well-informed negotiations.”
Crigler v. Seven Point Energy Services, Inc.: Case No. 2:19-cv-00604 (W.D.Pa.). On September 2, 2020, the Hon. Marilyn J. Horan granted final approval of this $100,0000 wage theft class action settlement. Mr. Crigler alleged that Seven Point Energy failed to properly pay him and other hourly oil and gas workers wages for hours worked over 40 hours per workweek, in violation of state and federal overtime law. Specifically, they failed to include non-discretionary bonuses when calculating his and other workers’ overtime pay, as required by law. The settlement provided impacted employees on average hundreds of dollars in backpay, which was roughly full reimbursement for their unpaid overtime.
Decker et al. v. U.S. Well Services, LLC: Case No. 2:16-cv-00755 (W.D.Pa.). Represented plaintiffs, employees of the U.S. Well Services, who were denied overtime wages against the Fair Labor Standards Act and Pennsylvania Minimum Wage Act. They settled for $225,000.
Freeman et al v. MedStar Health Inc.: Case No. 14-628 (D.D.C.). and Dinkel et al v. MedStar Health Inc.: Case No. 11-998 (D.D.C.). Represented nurses and other hourly employees in a collective action suit against MedStar and several of its hospitals in the Washington D.C. metropolitan area, alleging that they were made to work through their meal breaks without compensation. These employees earned a settlement worth $212,000 collectively.
Jacob et al. v. Duane Reade, Inc., et al. (Denny’s): Case No. 11-cv-160 (S.D.N.Y.). Represented workers in an action against two Denny’s franchises in New York for allegedly misclassifying managers as exempt from overtime laws. The cases have settled with approval pending.
Lane Massingale v. Liberty Oilfield Services LLC: Case No. 1:17-cv-01230 (D.Colo.) and Jordan Jago v. Liberty Oilfield Services LLC: Case No. 2020-CV-30866 (Denver District Court.). Represented workers in a class and collective action against Liberty Oilfield in the District Court for the District of Colorado for wage theft. They alleged that Liberty knowingly permitted its workers to work through meal breaks without properly compensating them for this work, or for overtime hours that workers routinely put in.
Nelson et al v. Sabre Companies LLC et al.: Case No. 1:15-cv-00314 (N.D.N.Y.). Represented Field Operators at Sabre Energy in a class and collective action suit against Sabre Energy in the Northern District of New York. Many weeks, Sabre made these employees work long hours without paying them overtime. The case resulted in a $2 million settlement. You can learn more at http://www.sabrewages.com/learn-more-about-the-case/.
Peppler, et al. v. Postmates, Inc.: Case No. 2015 CA 006560 (D.C. Sup. Ct.) and Singer, et al. v. Postmates, Inc.: 4:15-cv-01284-JSW (N.D. Cal.). Represented plaintiffs in a wage theft class action against application-based courier startup company, alleging that the couriers were misclassified as independent contractors. M&R was named class counsel in the settlement agreement providing for $8.75 million in relief to a nationwide class.
Snodgrass v. Bob Evans Farms, LLC: Case No. 2:12-cv-768 (S.D.Oh.). Represented Bob Evans’ Assistant Managers in a case alleging that Bob Evans, a restaurant chain with hundreds of locations predominantly in the Midwest, had misclassified its Assistant Managers as exempt from federal and state overtime laws. After a landmark ruling on the application of the so-called “fluctuating workweek” method of payment, the lawsuit settled for $16.5 million. The gross recovery per class member was approximately $6,380. In issuing its order approving the settlement, the court took special note of the “competence of class counsel in prosecuting this complex litigation.”
Stillman v. Staples, Inc.: Case No. 2:2007-cv-00849 (D.N.J.). Represented Staples Assistant Managers in Fair Labor Standards Act Claims for unpaid overtime. Served as a member of the trial team where the plaintiffs won a nearly $2.5 million verdict against Staples for unpaid overtime on behalf of 342 sales managers after a six-week jury trial. After the verdict, nearly a dozen wage and hour cases against Staples from across the country were consolidated in a multi-district litigation. Served in a central role in the consolidated litigation, which lasted nearly two years after the Stillman verdict. The consolidated litigation ultimately settled for $42 million.
Mooneyham et al. v. AVI Food Systems, Inc.: Case No. 1:17-cv-103 (N.D.Ohio). Represented supervisors of AVI Food Systems who alleged they were not paid proper overtime as required by law. AVI, they claimed, misclassified their role as supervisors and unlawfully exempted them from overtime pay. As a result of this lawsuit, all impacted supervisors received a settlement worth $1.5 million. Every eligible class member received direct payment as a result of the settlement. For more information, visit: https://topclassactions.com/lawsuit-settlements/closed-settlements/842676-ohio-avi-foodsystems-overtime-wages-class-action-settlement/#:~:text=Vending%20company%20AVI%20Foodsystems%20Inc,hours%20in%20a%20single%20workweek.
Whitfield et al. v. Trinity Restaurant Group LLC: Case No.: 2: 18-cv-10973 (E.D.Mich.). Represented servers in a collective action lawsuit against Trinity Restaurant Group in the Eastern District of Michigan. Servers spent more than 20% of their work time on non-tip producing work, while being paid sub-minimum wage. They also had unpaid, mandatory meetings and were made to claim more in tips than they actually earned. This settlement allowed plaintiffs to recover a substantial portion of their lost wages. For more information, see: https://classlawdc.com/2018/06/03/trinity-ihop-owes-servers-pay-federal-class-action-alleges/
Civil Rights Cases
Delandro v. County of Allegheny: Case No. 2:06-cv-00927 (W.D.Pa.). Represented pre-trial detainees who were subjected to unlawful strip searches prior to their admission at Allegheny County Jail, located in Pittsburgh, PA. After winning class certification, partial summary judgment on liability, and an injunction, the case settled for $3 million.
Hill v. County of Montgomery et al.: Case No.: 9:14-cv-00933 (N.D.N.Y.). M&R served as co-lead counsel in this conditions of confinement civil rights class action for the alleged provision of insufficient sustenance in the Montgomery County Jail in upstate New York. After years of litigation, the case settled on a class action basis for $1,000,000, providing significant relief to the class of inmates and detainees.
Vasquez et al. v. Libre by Nexus, Inc. et al.: Case No. 4:17- cv-00755 (N.D.Cal.). Represented migrants released from detention who allegedly suffered from unfair and deceptive practices – including having to wear an ankle monitor – by the middleman that arranged for bond to be posted. A nationwide class action settlement has been reached with approval pending.
Environmental Contamination Cases
Nnadili v. Chevron U.S.A., Inc.: Case No. 02-1620 (D.D.C.). Represented owners and residents of properties in the District of Columbia that were contaminated with gasoline constituents from leaking underground storage tanks that were installed by Chevron. The plaintiffs, who resided in over 200 properties in the Riggs Park neighborhood of Northeast Washington, D.C., alleged that Chevron’s contamination interfered with the use and enjoyment of their property, impacted their property values, constituted a trespass on their land, and caused fear and emotional distress. The United States Environmental Protection Agency conducted an extensive investigation into the contamination. After approximately five years of litigation, the case settled for $6.2 million.
Ross et al. v. USX Company (Clairton Coke Works): Case No. 17-08663 (C.C.P. Allegheny County). Represented the citizens of Allegheny County against the Clairton Coke Works plant which emitted pollutants to the detriment of residents. Final approval was granted on a settlement worth $2 million divided among the impacted residents. For more information, visit: https://www.ldclassaction.com/class-action/us-steel-clairton-class-action-settlement/
Prior results do not guarantee a similar outcome.