Cohen Kuvin Breaking News

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being. National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) and Food & Drug Administration (FDA) announce new Recalls & Alerts:

Pelvic Surgical Mesh found defective and ineffective On July 13, 2011, the Food & Drug Administration (FDA) issued an update to Health Care Providers and the public at large warning of the serious health complications caused by surgical mesh, a medical device implanted in a patients' pelvic area.  The mesh is most often used to address Pelvic Organ Prolapse (POP), a condition that occurs when the tissues that hold the pelvic organs in place become weak or stretched, or to treat urinary incontinence.     Concern regarding the surgical mesh emerged in 2008 when the FDA issued a Public Health Notification raising the issue.  Almost 4,000 cases have been reported with a host of adverse effects that can significantly decrease a patient's quality of life including infection, severe pain, urinary problems and recurrence of prolapse and/or incontinence. There were also reports of bowel, bladder, and blood vessel perforation that occurred during the actual procedure. The final insult to injury for those suffering complications is that studies have revealed that this procedure may not be an effective form of treatment.  Unfortunately for these consumers, this mesh is one of many medical devices entered into the market without patient testing.  The proliferation of untested, defective medical devices has a grave impact on patients who don't have the luxury of simply returning it for a refund if and when a recall is issued.  The FDA urges patients to be vigilant in their post operation follow up care and report any adverse effects immediately.    For more information on this defective medical device, contact Spencer Kuvin.  Dodge Ram Recall Chrysler has issued a recall of approximately 242,000 Dodge vehicles due to a defect in the Tie Rod assembly.  The following class of vehicles are subject to the recall.  2008-2011 Dodge Ram 2500/3500 4x4, manufactured from 02/14/08 - 03/28/2011 2008-2011 Dodge Ram 3500 Cab Chassis 4x2, manufactured from 02/14/08 - 03/28/2011 2008 Dodge Ram 1500 Mega Cab 4x4, manufactured From 02/14/08 - 08/15/08  2003-2008 Dodge Ram 2500/3500, vehicles may have received the defective part as a replacement during normal service. The left tie rod ball stud may fracture during low speed tight turn maneuvers resulting in the potential loss of directional stability in the left hand front wheel and increasing the risk of a crash. The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Chrysler directly at 1-800-853-1403 and reference safety recall No. L16. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V350000. Toyo Tire Recall ITR USA has issued a recall of approximately 51,000 Shandong Yongtai Negotiator commercial H/T tires for failure to conform to Federal Motor Vehicle Safety Standard No. 139. Certain size LT265/75R16 and LT235/85R16 tires produced from April 2009 through May 2011 may experience blistering or bubbles on the tire's sidewall. This could result in sudden loss of tire pressure and significantly increase the risk of tire failure and crash.  Consumers should check the sidewall of their vehicle tires to confirm if they are riding on defective tires.  The recall is expected to begin on or around July 2011 though manufacturers' have not confirmed the remedy plan.  Owners may contact ITR USA directly at 1-818-715-7080. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11T006000.     Kawasaki Motorcycle Recall Kawasaki has issued a recall of approximately 2,500 motorcycles due to a defect in the electrical wiring system.  Certain 2011 Ninja ZX-10R/ZX-10R ABS bikes may contain a wiring malfunction that can cause a short between wires and the frame or within wires.  If this occurs while the bike is in operation, it can suddenly stall, significantly increasing the risk of harm to the rider.  The recall schedule has not been confirmed, but once issued dealers will inspect the vehicle and perform the necessary service free of charge.  Owners may contact Kawasaki Consumer Services Department directly at 1-866-802-9381. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V363000. Ford Truck Recall Ford has issued a recall of approximately 26,000 vehicles for failure to conform to Federal Motor Vehicle Safety Standard No. 108.  The following class of vehicles are subject to the recall:  Ranger trucks built from 01/25/11 - 04/25/11 Service parts distributed to dealers for certain 2002-2005 Excursion vehicles Service parts distributed to dealers for certain 2002-2007 F-250, F-350, F-450 and F-550 trucks Service parts distributed to dealers for certain 2004- 2011 Ranger trucks  A multi-function switch with a deformed slider may malfunction causing the turn signal, tail lights, hazard warning signal flashers and/or brake lights not to activate.  The loss of these indication lightsdeprives drivers of critical alerts, increasing the risk of crash.  The recall is expected to begin on or around August 15 2011 and dealers will inspect the vehicles and perform the necessary service free of charge.  Owners may contact Ford directly at 1-866-436-7332 and reference safety recall No. 11C18. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V352000. Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Cohen Kuvin Newsletter - July 2011

Wal-Mart v. Dukes....Mega Businesses Too Big to Sue? On June 20, 2011, the United States Supreme Court issued the eagerly awaited opinion in Wal-Mart v. Dukes, the largest employment class action in U.S. history. Three plaintiffs brought a class action on behalf of 1.5 million female Wal-Mart employees seeking injunctive and declaratory relief, punitive damages, and back pay for the company's alleged discrimination of women in violation of Title VII of the Civil Rights Act of 1964. The named plaintiffs claimed Wal-Mart discriminated against women by denying its female employees pay or promotions equal to its male employees. According to the Court, "The basic theory of [the plaintiffs'] case is that a strong and uniform 'corporate culture' permits bias against women to infect, perhaps subconsciously, the discretionary decision-making of each one of Wal-Mart's thousands of managers-thereby making every woman at the company the victim of one common discriminatory practice." Reversing the Ninth Circuit Court of Appeals, the Court held this theory failed to satisfy the commonality prong of the class certification test because it failed to show the class members suffered the same injury, rather than just suffering a violation of the same law.


Based in part on the following language from the opinion, commentators have surmised that the Court's opinion might be an indication that some companies are just too large to sue:

Respondents have not identified a common mode of exercising discretion that pervades the entire company . . . . In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction.

Only time will tell how the Wal-Mart v. Dukes decision affects class action litigation on a larger scale, beyond the scope of employee actions.

Consumer News13 Drowning or Near Drowning Incidents in Florida in 2 months July marks the peak of the summer season, a cross-roads at which the endless days of summer are shadowed by the back to school countdown. In the height of the summer fun, Cohen & Kuvin, LLC wants to take a moment to remind families about pool safety. A recent U.S. Consumer Product Safety Commission (CPSC) report revealed that 123 drowning or near drowning incidents have been reported since Memorial Day. 13 of these incidents occurred in Florida, a staggering number for a brief two month reporting period.

The CPSC recently launched a national "Pool Safely" Campaign outlining simple life-saving drowning prevention tips. Kathleen Reilly, Pool Safely Campaign Leader best expressed the importance of heeding this message when she stated, "We want to encourage everyone to remember that simple steps save lives. You never know which safety step will save a life...until it does."

An additional concern in Florida are all the foreclosed or abandoned properties that may have unattended dirty pools. If there are abandoned properties in areas where children play, be vigilant to keep them away from those neglected pools which serve as hidden dangers to wandering children. Cohen & Kuvin, LLC encourages everyone to enjoy the water and keep life in the summer fun.

On July 14, 2011, Spencer Kuvin was recognized by the Anti-Defamation League for his service as co-chair of the Glass Leadership Institute.

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Breaking News Alert - Motorcycle Recalls

We provide these breaking news alerts to ensure consumers are protected and educated in hopes that this information will keep you safe and aware of threats to your families' well-being. National Highway Transportation Safety Administration's (NHTSA) Office of Defect Investigation (ODI) announces new Recalls & Alerts:

<><><> Indian Motorcycles issues Two Recalls Polaris has issued 2 recalls affecting approximately 700 Indian Motorcycles, model year 2009-2011.  The first recall is issued for failing to conform with Federal Motor Vehicle Safety Standard No. 123 regarding "motorcycle controls and displays."  The recall concerns the side stand which may not fold rearward and upward as required, affecting driver control and increasing the risk of crash.  The recall is expected to begin on or around August 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Indian directly at 651-408-7579. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V344000. The second recall affects the Body Control Module which can malfunction if the headlight switch is slowly moved from one position to another (high beam to low beam).  During the transition, both beams may be on simultaneously causing the module to interpret a system overload that automatically turns off the headlight.  In the event this occurs, driver visibility is impaired, increasing the risk of crash.  The recall is expected to begin on or around August 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Indian directly at 651-408-7579. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V343000.     Yamaha Brake Defect Yamaha has issued a recall of approximately 260 FJR1300 motorcycles due to a break light switch defect.  Certain 2011 bikes manufactured between January 2011 and April 2011 may contain a malfunction that prevents the brake light from illuminating when the front brake is applied.  In the event this occurs, other drivers will not receive the proper alert indicating that a rider is slowing down, increasing the risk of crash and injury.  The recall is expected to begin on or around July 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Yamaha directly at 1-800-962-7926. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V340000.     Ducati Equipment Defect Ducati has issued a recall of approximately 964 Diavel Motorcycles due to an equipment defect.  Certain 2011 bikes manufactured from September 23, 2010 through May 12, 2011 may contain a malfunction that can cause the rear license plate holder to loosen during operation.  If this occurs, the plate could interfere with the motorcycles rear wheel rotation, increasing the risk of crash.  The recall is expected to begin on or around July 2011 and dealers will inspect the motorcycle and perform the necessary service free of charge.  Owners may contact Ducati directly at 1-800-231-6696. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V336000. Owners are encouraged to contact the National Highway Traffic Safety Administration's Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153) or go to www.safercar.gov, with any questions or concerns surrounding these or any other recalls or safety campaigns.

Cohen~Kuvin Partner Named to 2011 Florida Trend Legal Elite

Cohen~Kuvin, LLC  is proud to recognize that Spencer T. Kuvin has been named to the 2011 Florida Trends Legal Elite. 

This eighth annual edition of Florida Legal Elite recognizes a prestigious list of esteemed attorneys chosen by their colleagues. The 1,352 lawyers listed exemplify a standard of excellence in their profession and, by virtue of their listing, have received the endorsement from their peers in voting for the 2011 Florida Legal Elite.

Cohen~Kuvin, LLC is a boutique litigation firm with a proven record of fighting injustice and our attorneys have over 100 years of combined litigation experience.  Our knowledge and foresight have led to landmark achievements in cases across the country.  Cohen & Kuvin’s record of success has earned the firm a national reputation for its innovative litigation strategy and successful trial work. The attorneys at Cohen & Kuvin each bring a level of expertise that enables the firm to excel in a multitude of practice areas, including products liability, managed care/HMO abuse, consumer class actions, catastrophic personal injury, and business and construction litigation.