| ||||||
|
Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts
Wednesday, July 27, 2011
Cohen Kuvin Breaking News
Monday, July 18, 2011
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.
Please become a Fan of our Firm Facebook Page. Get Important Updates on Consumer News and Safety Recalls
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.
Please become a Fan of our Firm Facebook Page. Get Important Updates on Consumer News and Safety Recalls
Tuesday, July 12, 2011
Breaking News Alert - Motorcycle Recalls
| ||||||
|
Cohen~Kuvin Partner Named to 2011 Florida Trend 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.
Wednesday, May 04, 2011
Breaking News Alert
Kia has issued a recall of approximately 58,000 Spectra LD vehicles manufactured from November 7, 2003 through March 6, 2007. Certain 2004-2007 vehicles sold or registered in cold weather states are most susceptible to the defect, caused by road salt corroding the fuel tank straps. Prolonged exposure to the salt may disintegrate the straps holding the fuel tank causing it to ultimately strike the ground, posing a possible fuel leak and a serious fire hazard.
The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kia directly at 1-800-333-4542 and reference Kia's safety recall No. SC090. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V256000.
Hyundai has issued a recall of approximately 7,800 Tucson vehicles manufactured from February 27, 2010 through April 17, 2010. Certain 2010 Tuscon vehicles fail to comply with Federal Motor Vehicle Safety Standard No.108 which addresses photometry requirements of the rear reflector assemblies in the rear bumpers. The defect can lead to reduced visibility and increase the risk of crash.
The recall is expected to begin in June 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Hyandai directly at 1-800-633-5151. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V259000.
Kia Sorento RecallThe recall is expected to begin in May 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Kia directly at 1-800-333-4542 and reference Kia's safety recall No. SC089. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V258000.
Ducati has issued a recall of approximately 1,000 motorcycles for a defect that may prevent the steering lock from disengaging when the motorcycle is keyed on. Certain 2010-2011 Multistrada 1200 and 2011 Diavel bikes may contain a malfunction, which can cause the steering to remain in a locked position as the rider attempts to operate the bike, decreasing rider control and increasing the risk of injury.
The recall is expected to begin in May 2011 and dealers will inspect the vehicle 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: 11V253000.
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.
Spencer T. Kuvin
Cohen & Kuvin
stk@cohenkuvin.com
561-665-8020
Tuesday, May 03, 2011
PATIENT ADVOCATES WIN! SENATE REMOVES KEY PROVISIONS FROM MED MAL BILL
By JIM SAUNDERS
THE NEWS SERVICE OF FLORIDA
THE CAPITAL, TALLAHASSEE, May 2, 2011….. The Florida Senate on Monday blew holes in a medical-malpractice bill backed by doctors and hospitals, as the House overwhelmingly approved the proposal across the Capitol.
Senators eliminated key parts of the bill, including one that would shield hospitals from liability if contracted physicians commit malpractice. Hospitals often contract with outside groups of physicians, such as radiologists, to provide care.
Critics said that part of the bill could hurt patients who go to hospitals and have little choice in their physicians. If a hospital is not liable --- and a doctor lacks malpractice insurance --- the patient might not be adequately compensated if malpractice occurs, they argued.
“It (deleting that part of the bill) provides recourse to patients who are injured in hospitals by physicians they don’t even know,’’ said Sen. Miguel Diaz de la Portilla, a Miami Republican who sponsored an amendment to remove the provision.
But bill sponsor Alan Hays, R-Umatilla, defended the proposal --- and rejected charges that legal immunity would give hospitals leeway to contract with cheaper, less-qualified physicians.
“The hospitals are there to provide quality medical care to the patients,’’ Hays said.
The Senate’s approval of three amendments was a victory for personal-injury lawyers, who have lobbied against the bill (SB 1590). The stripped-down bill continues to include new certification requirements for out-of-state expert witnesses who testify against doctors in malpractice cases.
Supporters argue those requirements would allow Florida to discipline experts who offer deceptive or fraudulent testimony --- a longtime complaint of doctors.
The Senate debate came at the same time the House voted 88-28 to approve its version of the bill (HB 479), which still has the proposals backed by doctors and hospitals. With the legislative session scheduled to end Friday, it is not clear how the chambers will reconcile the bills.
Rep. Bill Hager, R-Boca Raton, said legal reforms are needed because Florida continues to have a doctor shortage in some specialties.
“Let’s stand with our physicians, let’s stand with our hospitals,’’ Hager said.
But Rep. Richard Steinberg, D-Miami Beach, pointed to 2003 legislation that made it harder to sue for malpractice. He said lawmakers received promises that the measure would lower malpractice insurance rates, but doctors are still complaining about rates and seeking more limits on lawsuits.
“The issue is not that the patients have too many rights, the problem is there is not sufficient competition in the malpractice-insurance industry,’’ Steinberg said.
The House also voted 77-41 on Monday to approve a bill (HB 661) that would help shield nursing homes from lawsuits. Among other things, the bill would place a $300,000 cap on non-economic damages in wrongful-death lawsuits and make it harder to sue nursing homes for punitive damages.
But the fate of the nursing-home bill also is unclear, because a Senate version stalled in a committee.
Groups such as the Florida Medical Association and the Florida Hospital Association have lobbied for the medical-malpractice bill.
Along with the eliminating the proposed malpractice shield for hospitals, the Senate on Monday also deleted part of the bill that dealt with gathering patient information in malpractice cases.
The proposal called for allowing for what are known as “ex parte” communications between defense attorneys and physicians who treat patients after alleged malpractice. The talks could occur without the patients’ lawyers taking part.
But Sen. Anitere Flores, a Miami Republican who sponsored an amendment to eliminate the proposal, said defense attorneys should not be able to interview treating physicians without the patients’ lawyers being present.
“I don’t think it’s right for my medical history to be divulged without my knowledge,’’ Flores said.
But Hays said he was trying to fix a “grossly un-level playing field” that allows patients’ attorneys to have access to information from treating physicians.
Senators also eliminated part of the bill that called for making it harder to sue doctors over their failure to order supplemental diagnostic tests for patients.
Doctors argue that fear of lawsuits causes them to order unnecessary tests and perform “defensive medicine.” They say that drives up medical costs.
The bill proposed requiring patients to show by “clear and convincing evidence” that a doctor’s failure to order additional tests violated standards of care. That would make such cases harder to prove.
But the proposal’s critics said the state doesn’t need such a requirement.
“There’s no need to change the burden of proof,’’ said Sen. Rene Garcia, a Hialeah Republican who backed eliminating that part of the bill.
THE NEWS SERVICE OF FLORIDA
Senators eliminated key parts of the bill, including one that would shield hospitals from liability if contracted physicians commit malpractice. Hospitals often contract with outside groups of physicians, such as radiologists, to provide care.
Critics said that part of the bill could hurt patients who go to hospitals and have little choice in their physicians. If a hospital is not liable --- and a doctor lacks malpractice insurance --- the patient might not be adequately compensated if malpractice occurs, they argued.
“It (deleting that part of the bill) provides recourse to patients who are injured in hospitals by physicians they don’t even know,’’ said Sen. Miguel Diaz de la Portilla, a Miami Republican who sponsored an amendment to remove the provision.
But bill sponsor Alan Hays, R-Umatilla, defended the proposal --- and rejected charges that legal immunity would give hospitals leeway to contract with cheaper, less-qualified physicians.
“The hospitals are there to provide quality medical care to the patients,’’ Hays said.
The Senate’s approval of three amendments was a victory for personal-injury lawyers, who have lobbied against the bill (SB 1590). The stripped-down bill continues to include new certification requirements for out-of-state expert witnesses who testify against doctors in malpractice cases.
Supporters argue those requirements would allow Florida to discipline experts who offer deceptive or fraudulent testimony --- a longtime complaint of doctors.
The Senate debate came at the same time the House voted 88-28 to approve its version of the bill (HB 479), which still has the proposals backed by doctors and hospitals. With the legislative session scheduled to end Friday, it is not clear how the chambers will reconcile the bills.
Rep. Bill Hager, R-Boca Raton, said legal reforms are needed because Florida continues to have a doctor shortage in some specialties.
“Let’s stand with our physicians, let’s stand with our hospitals,’’ Hager said.
But Rep. Richard Steinberg, D-Miami Beach, pointed to 2003 legislation that made it harder to sue for malpractice. He said lawmakers received promises that the measure would lower malpractice insurance rates, but doctors are still complaining about rates and seeking more limits on lawsuits.
“The issue is not that the patients have too many rights, the problem is there is not sufficient competition in the malpractice-insurance industry,’’ Steinberg said.
The House also voted 77-41 on Monday to approve a bill (HB 661) that would help shield nursing homes from lawsuits. Among other things, the bill would place a $300,000 cap on non-economic damages in wrongful-death lawsuits and make it harder to sue nursing homes for punitive damages.
But the fate of the nursing-home bill also is unclear, because a Senate version stalled in a committee.
Groups such as the Florida Medical Association and the Florida Hospital Association have lobbied for the medical-malpractice bill.
Along with the eliminating the proposed malpractice shield for hospitals, the Senate on Monday also deleted part of the bill that dealt with gathering patient information in malpractice cases.
The proposal called for allowing for what are known as “ex parte” communications between defense attorneys and physicians who treat patients after alleged malpractice. The talks could occur without the patients’ lawyers taking part.
But Sen. Anitere Flores, a Miami Republican who sponsored an amendment to eliminate the proposal, said defense attorneys should not be able to interview treating physicians without the patients’ lawyers being present.
“I don’t think it’s right for my medical history to be divulged without my knowledge,’’ Flores said.
But Hays said he was trying to fix a “grossly un-level playing field” that allows patients’ attorneys to have access to information from treating physicians.
Senators also eliminated part of the bill that called for making it harder to sue doctors over their failure to order supplemental diagnostic tests for patients.
Doctors argue that fear of lawsuits causes them to order unnecessary tests and perform “defensive medicine.” They say that drives up medical costs.
The bill proposed requiring patients to show by “clear and convincing evidence” that a doctor’s failure to order additional tests violated standards of care. That would make such cases harder to prove.
But the proposal’s critics said the state doesn’t need such a requirement.
“There’s no need to change the burden of proof,’’ said Sen. Rene Garcia, a Hialeah Republican who backed eliminating that part of the bill.
Monday, April 18, 2011
Breaking News Alert
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 Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:
Ford Inadvertent Air Bag Recall
Ford has issued a recall of approximately 1,325,000 vehicles due to a defect affecting the front airbags. The clockspring jumper wiring in certain 2004-2006 F-150 pick up trucks and 2006 Lincoln Mark LT vehicles may become chafed, creating a short circuit which can lead to the driver front airbags inadvertently deploying. These circumstances can significantly increase the risk of an accident, loss of vehicle control and enhanced injures.
The recall is expected to begin on or before May 9, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Ford directly at 1-866-436-7332 and reference Ford’s recall campaign number 11S18. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V107000
MV Agusta Motorcycle Recall
MV Agusta has issued a recall of approximately 200 F4 motorcycles due to a defect affecting the rear subframe. Certain 2010 bikes may have been manufactured with weak fixture points which can result in the subframe cracking or failing. The stability of the rider and any passenger is significantly jeopardized, if this occurs, especially while the bike is in operation.
The recall is expected to begin in April 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact MV Agusta directly at 1-215-830-3300. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V232000
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.
Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com
http://www.cohenkuvin.com/
National Highway Transportation Safety Administration’s (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:
Ford Inadvertent Air Bag Recall
Ford has issued a recall of approximately 1,325,000 vehicles due to a defect affecting the front airbags. The clockspring jumper wiring in certain 2004-2006 F-150 pick up trucks and 2006 Lincoln Mark LT vehicles may become chafed, creating a short circuit which can lead to the driver front airbags inadvertently deploying. These circumstances can significantly increase the risk of an accident, loss of vehicle control and enhanced injures.
The recall is expected to begin on or before May 9, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Ford directly at 1-866-436-7332 and reference Ford’s recall campaign number 11S18. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V107000
MV Agusta Motorcycle Recall
MV Agusta has issued a recall of approximately 200 F4 motorcycles due to a defect affecting the rear subframe. Certain 2010 bikes may have been manufactured with weak fixture points which can result in the subframe cracking or failing. The stability of the rider and any passenger is significantly jeopardized, if this occurs, especially while the bike is in operation.
The recall is expected to begin in April 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact MV Agusta directly at 1-215-830-3300. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V232000
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.
Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com
http://www.cohenkuvin.com/
Monday, April 11, 2011
Cohen & Kuvin - Breaking News Alert
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 Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:
Steering Wheel Separation Recall
General Motors has issued a recall of approximately 2,100 Chevrolet Cruze vehicles for a manufacturing defect affecting the steering column. The steering wheel in certain 2011 cars may have been improperly fastened and can detach from the steering column. If this occurs, the driver may lose the ability to steer the vehicle, significantly increasing the risk of a crash.
The recall is expected to begin on or before April 8, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 or visit www.gmownercenter.com. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V221000
Mercedes Cruise Control Malfunction
Mercedes-Benz has issued a recall of approximately 136,000 vehicles for a defect affecting the cruise control system. Certain 2000-2002 M-Class and 2000-2004 M-Class AMG vehicles may not automatically disengage the cruise control when the brake pedal is tapped. Other methods for disengaging such as using the cruise control stalk are not affected and will remain an option for deceleration in the event the brake does not disengage. A delay or difficulty disengaging the cruise control can increase the risk of crash.
The recall is expected to begin in September 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Mercedes-Benz directly at 1-800-367-6372. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V208000
Reverse Controls Result in Matrix Motorcycle Recall
E-Ton is recalling approximately 25,000 Matrix motorcycles for a defect affecting the ignition switch and failure to comply with the federal motor vehicle safety standard no. 213 regarding "motorcycle controls and displays." The following models are included in this recall: Model year 1999-2010 50CC and 150CC, Beamer I, Beamer II, Beamer III, and model year 2007-2010 50CC and 150CC Matrix motorcycles. The engine on/off switch should be located on the right side handlebar and the high/low beam light switch should be located on the left handlebar. These switch locations are reversed on the models listed above. The reverse locations may cause the driver to get confused while operating the bike, increasing the risk of a crash.
The recall schedule has not been set, but owners will be notified, and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact E-Ton directly at 1-866-224-3318. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V189000
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.
Pampers Pacifiers Recalled For Choking Hazard
The U.S. Consumer Product Safety Commission has issued a recall of approximately 29,000 Pampers Natural Stages Infant Ortho and Bulb Pacifiers. The pacifiers fail to meet federal safety standards and pose a choking hazard for young children.
The pacifiers come in yellow, pink or blue colors and "Stage 1" and "Ortho" or "Bulb" are printed on the package. The recalled pacifiers have an oval-shaped mouth guard and "Pampers" molded on to the handle side of the mouth guard. The product comes two per package and were sold in retail stores nationwide from April 2010 through February 2011 for about $6.
Consumers should immediately take the recalled pacifiers away from infants and contact Key Baby for instructions on returning the product for a full refund or $10 coupon toward the purchase of any Pampers® Natural Stages products. For additional information, contact Key Baby toll-free at (800) 447-1224 anytime, or visit the company's web site at www.key-baby.com
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://www.cpsc.gov/.
Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com
http://www.cohenkuvin.com/
National Highway Transportation Safety Administration’s (NHTSA) Office of Defect Investigation (ODI) and Consumer Product Safety Commission (CPSC) announce new Recalls & Alerts:
Steering Wheel Separation Recall
General Motors has issued a recall of approximately 2,100 Chevrolet Cruze vehicles for a manufacturing defect affecting the steering column. The steering wheel in certain 2011 cars may have been improperly fastened and can detach from the steering column. If this occurs, the driver may lose the ability to steer the vehicle, significantly increasing the risk of a crash.
The recall is expected to begin on or before April 8, 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Chevrolet directly at 1-800-630-2438 or visit www.gmownercenter.com. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V221000
Mercedes Cruise Control Malfunction
Mercedes-Benz has issued a recall of approximately 136,000 vehicles for a defect affecting the cruise control system. Certain 2000-2002 M-Class and 2000-2004 M-Class AMG vehicles may not automatically disengage the cruise control when the brake pedal is tapped. Other methods for disengaging such as using the cruise control stalk are not affected and will remain an option for deceleration in the event the brake does not disengage. A delay or difficulty disengaging the cruise control can increase the risk of crash.
The recall is expected to begin in September 2011 and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact Mercedes-Benz directly at 1-800-367-6372. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V208000
Reverse Controls Result in Matrix Motorcycle Recall
E-Ton is recalling approximately 25,000 Matrix motorcycles for a defect affecting the ignition switch and failure to comply with the federal motor vehicle safety standard no. 213 regarding "motorcycle controls and displays." The following models are included in this recall: Model year 1999-2010 50CC and 150CC, Beamer I, Beamer II, Beamer III, and model year 2007-2010 50CC and 150CC Matrix motorcycles. The engine on/off switch should be located on the right side handlebar and the high/low beam light switch should be located on the left handlebar. These switch locations are reversed on the models listed above. The reverse locations may cause the driver to get confused while operating the bike, increasing the risk of a crash.
The recall schedule has not been set, but owners will be notified, and dealers will inspect the vehicle and perform the necessary service free of charge. Owners may contact E-Ton directly at 1-866-224-3318. Additional details can also be found by referencing NHTSA CAMPAIGN ID Number: 11V189000
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.
Pampers Pacifiers Recalled For Choking Hazard
The U.S. Consumer Product Safety Commission has issued a recall of approximately 29,000 Pampers Natural Stages Infant Ortho and Bulb Pacifiers. The pacifiers fail to meet federal safety standards and pose a choking hazard for young children.
The pacifiers come in yellow, pink or blue colors and "Stage 1" and "Ortho" or "Bulb" are printed on the package. The recalled pacifiers have an oval-shaped mouth guard and "Pampers" molded on to the handle side of the mouth guard. The product comes two per package and were sold in retail stores nationwide from April 2010 through February 2011 for about $6.
Consumers should immediately take the recalled pacifiers away from infants and contact Key Baby for instructions on returning the product for a full refund or $10 coupon toward the purchase of any Pampers® Natural Stages products. For additional information, contact Key Baby toll-free at (800) 447-1224 anytime, or visit the company's web site at www.key-baby.com
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. Consumers are encouraged to obtain more details on recalls and general safety information by logging on to CPSC's Web site at http://www.cpsc.gov/.
Spencer T. Kuvin
Cohen & Kuvin, LLC
stk@cohenkuvin.com
http://www.cohenkuvin.com/
Thursday, September 02, 2010
Mississippi jury awards deceased baseball player’s family $131 million in retrial
New York Mets prospect Brian Cole was killed in a 2001 Ford Explorer rollover crash after he was thrown from the vehicle despite wearing a seatbelt.
PALM BEACH GARDENS, Fla. And LAUREL, Miss.—Today a jury awarded Gregory Cole $131 million in the retrial of his case against Ford Motor Company, which does not include punitive damages. Attorneys for Cole argued that a defective seat belt loosened during a rollover accident and caused the death of his baseball player son, Brian, in 2001, when the younger Cole was driving his father’s Ford Explorer from Florida to Mississippi to return the vehicle to him after spring training.
Brian Cole was a promising 22 year old outfielder and New York Mets prospect at the time of his death. It is the third trial for Cole vs. Watson Quality Ford. The case resulted in a hung jury in February of this year.
Cole and his 17 year old cousin, Ryan, were traveling westbound on State Highway 8, near the Florida-Georgia border, when a car veered into their lane and Cole swerved to avoid it, losing control of the Explorer, which rolled over, his lawyers argued, due to the vehicle’s faulty design. He was then thrown from the vehicle despite having his seat belt properly fastened, which, according to Mr. Cole’s attorneys, is a widely disputed problem in Ford SUVs in addition to the alleged rollover tendency, especially when a tire has blown.
Friday, August 27, 2010
BREAKING NEWS - FORD WINDSTAR RECALL
 |
| Ford Windstar |
Ford Motor Company (Ford) has announced a voluntary recall of 575,000 model year 1997 – 2003 Windstar minivans for rear axle fractures from corrosion due to the design. Axle fractures on both the right and left side have been identified and affect vehicle handling, which increases risk of crash, injury or death. The recall was instigated by the National Highway Traffic Safety Administration (NHTSA) after it opened a preliminary investigation in May 2010. The federal regulators had received over 200 reports of rear axle fracture due to the design, which had resulted in 2 crashes; however, the amount of complaints has now risen to 950.
The recall for the Windstar – which is no longer in production – applies to vehicles in 21 states (Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin), the District of Columbia and Canada where road salt corrosion is thought to be more common.
Ford will notify affected owners in the very near future and ask them to bring their vehicles to their local dealers for inspection and any necessary repairs. Ford dealers at no charge to customers will reinforce the axles of the affected vehicles as parts are available. If it’s determined the axle can’t be reinforced, it will be replaced as soon as parts are available. Ford will provide for rental vehicles for customers until the rear axle of their vehicle has been replaced.
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 this or any other recall or safety campaign.
Spencer Kuvin
Cohen & Kuvin, LLC
http://www.cohenkuvin.com/
stk@cohenkuvin.com
Wednesday, July 21, 2010
Cohen & Kuvin July 2010 Newsletter
Hotels.com, Expedia implement settlement and launch new website features to assist disabled travelers
Public Justice, America's public interest law firm, was one of several law firms that helped to allow disabled travelers to search for and reserve hotel rooms that have accessible accommodations on hotels.com and Expedia, Inc. websites.
Travelers who need accommodations such as wheelchair accessible pathways, roll-in showers, Braille signage and/or telephone equipment for the deaf can now use hotels.com and expedia.com websites to search for lodgings offering these features. Requests will be reviewed by the company's customer service personnel who will contact the hotel to attempt to reserve a room that fits the bill. Travelers will then receive an email either confirming the reservations have been made or offering to help locate an equivalent room at another hotel. The website improvements were negotiated last year in a settlement of a class action lawsuit, Smith v. Hotels.com, LP. The Plaintiffs and their attorneys, Public Justice and others, allege that hotels.com's failure to accommodate the needs of disabled travelers was a discriminatory practice which violated California law.
Sony Recalls VAIO Laptop Computers Due to Burn Hazar
The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Sony Electronics Inc. of San Diego, Calif., announced a voluntary recall on June 30, 2010 of the various models within the VPCF11 and VPCCW2 series Notebook computers. The computers are available in many colors and have "VAIO" on the front outside panel. Consumers should stop using recalled products immediately unless otherwise instructed. This recall effects about 233,000 computers. Sony has received 30 reports of units overheating resulting in deformed keyboards and casings. No injuries have been reported at the time of the recall; however, CPSC is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell CPSC about it by visiting https://www.cpsc.gov/cgibin/incident.aspx
The Mission of the CPSC and It's Role In Consumer Safety
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report any dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.
Toyota Motor Corp. Has Recalled 270,000 Vehicles Worldwide
Toyota Motor Corp. has recalled 270,000 vehicles worldwide to fix faulty engines. The recall includes seven models of luxury Lexus sedans. The recall centers around the problem of defective engines that can stall while the vehicle is moving. Leading to the recall was the fact that Toyota has received over 200 complaints regarding the faulty engines.
Public Justice, America's public interest law firm, was one of several law firms that helped to allow disabled travelers to search for and reserve hotel rooms that have accessible accommodations on hotels.com and Expedia, Inc. websites.
Travelers who need accommodations such as wheelchair accessible pathways, roll-in showers, Braille signage and/or telephone equipment for the deaf can now use hotels.com and expedia.com websites to search for lodgings offering these features. Requests will be reviewed by the company's customer service personnel who will contact the hotel to attempt to reserve a room that fits the bill. Travelers will then receive an email either confirming the reservations have been made or offering to help locate an equivalent room at another hotel. The website improvements were negotiated last year in a settlement of a class action lawsuit, Smith v. Hotels.com, LP. The Plaintiffs and their attorneys, Public Justice and others, allege that hotels.com's failure to accommodate the needs of disabled travelers was a discriminatory practice which violated California law.
Sony Recalls VAIO Laptop Computers Due to Burn Hazar
The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Sony Electronics Inc. of San Diego, Calif., announced a voluntary recall on June 30, 2010 of the various models within the VPCF11 and VPCCW2 series Notebook computers. The computers are available in many colors and have "VAIO" on the front outside panel. Consumers should stop using recalled products immediately unless otherwise instructed. This recall effects about 233,000 computers. Sony has received 30 reports of units overheating resulting in deformed keyboards and casings. No injuries have been reported at the time of the recall; however, CPSC is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell CPSC about it by visiting https://www.cpsc.gov/cgibin/incident.aspx
The Mission of the CPSC and It's Role In Consumer Safety
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report any dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.
Toyota Motor Corp. Has Recalled 270,000 Vehicles Worldwide
Toyota Motor Corp. has recalled 270,000 vehicles worldwide to fix faulty engines. The recall includes seven models of luxury Lexus sedans. The recall centers around the problem of defective engines that can stall while the vehicle is moving. Leading to the recall was the fact that Toyota has received over 200 complaints regarding the faulty engines.
Subscribe to:
Posts (Atom)