Kiesel Law LLP Wins California Supreme Court Victory for Consumers of Organic foods
“To buyers and sellers alike, ‘labels matter.’”
Today, the CA Supreme Court held that state law claims which alleged that produce distributed and sold by Herb Thyme was being intentionally mislabeled as organic is not preempted by federal law. The Court further stated that lawsuits alleging intentional mislabeling of organic produce promote, rather than hinder, Congress’s purposes and objectives. The class action filed by Kiesel Law LLP alleging false advertising and unfair competition, can now proceed.
Kiesel Law LLP is proud of this victory for consumers across California. If you believe that a company is misleading in its advertising, we would be interested in hearing about it.
VERDICT IN FIRST WRIGHT HIP TRIAL
JURY AWARDS 11 MILLION DOLLARS
In the first trial against Wright Medical regarding the company’s metal-on-metal Conserve Hip device, an Atlanta, Georgia jury unanimously awarded $11 million in damages. The jury found that Wright defectively designed the Conserve model hip device and negligently misrepresented the design features, resulting in Ms. Christiansen’s harm. Congratulations to Kiesel Law’s own Helen Zukin and Cherisse Cleofe, as well as Ray Boucher, Michael McGlamry and Kirk Pope for their excellent and hard work during this two week trial.
FDA Recalls Profemur Cobalt Chrome Neck
Kiesel Law LLP Files the First Case Against Device Manufacturer Wright Medical
Wright designed and manufactured the now recalled PROFEMUR Long Cobalt Chrome 8 Degree Varus/Valgus Modular Neck, Part 1254, a component of the company’s PROFEMUR Hip System. The recalled device was distributed from June 15, 2009, to July 31, 2015. After releasing the device, Wright sold its hip division, OrtoRecon, to MicroPort Orthopedics Inc. in January 2014. MicroPort continued to distribute the device until the device’s recall.
Kiesel Law LLP, committed to halting the sale of defective medical devices, filed the first case against Wright for injuries caused by the PROFEMUR Long Cobalt Chrome neck component, and also handles cases involving the Wright Profemur-Z titanium hip system. If you have undergone a hip replacement surgery in which you believe the PROFEMUR Long Cobalt Chrome neck or Profemur-Z titanium neck was utilized, please contact our firm for a free consultation.
Paul Kiesel, City of L.A. Special Counsel
Proposed Settlement Deal In Class-Action Suit Against LADWP
Overcharged ratepayers are one step closer to getting their money back. Los Angeles Superior Court Judge Elihu Berle requested that certain revisions to the settlement agreement be made before approving the deal. “If you’ve been over-billed and there will be an independent monitor to determine if that’s happened, you will get a credit on your bill. And if you’re no longer a Department of Water and Power customer, you’ll get a check in the mail. You don’t need to do anything else,” said Paul Kiesel, City of L.A. Special Counsel. Kiesel said “The settlement will provide for 100 percent refunds for every ratepayer, who has been over-billed improperly.” Thousands of DWP customers were issued faulty bills following an upgrade of the utility’s billing system. For more details, see following story.
City of Los Angeles Files Lawsuit Against PricewaterhouseCoopers
PricewaterhouseCoopers fraudulently misrepresented its ability to implement a new billing system for the Los Angeles Department of Water and Power in order to secure a $70-million municipal contract and subsequently failed to deliver, according to a civil lawsuit filed Friday by the city attorney’s office. According to the city attorney’s complaint, PricewaterhouseCoopers “overstated its knowledge, expertise and skills necessary to convert” the existing system and launch a new software platform.
The alleged misrepresentation began after the L.A. utility issued a request for proposals in an effort to modernize its nearly 40 years old customer care and billing system. As a result of PricewaterhouseCoopers’s lack of skills and experience to perform the work stipulated in the contract, the LADWP’s system was unable to properly tally service bills for tens of thousands of customers.
Kiesel Law LLP is acting as special counsel for the City of Los Angeles.