Dec 30, 2021 | Car Problems Car Complaints
Class Action Lawsuit Filed Against Nissan North America On Behalf Of Purchasers Or Lessees Of 2017-2018 Nissan Altima Or Nissan Sentra Vehicles Equipped With A Continuously Variable Transmission
On December 29, 2021, a class action lawsuit was filed in United States District Court, Southern District of California, on behalf of all persons in the United States who purchased or leased any 2017-2018 Nissan Altima or Nissan Sentra equipped with a Continuously Variable Transmission ( the “Class Vehicles”) designed, manufactured, marketed, distributed, sold, warranted, and/or serviced by Defendant Nissan North America, Inc.
According to the class action complaint, Nissan North America manufactured, marketed, distributed, and sold the Class Vehicles without disclosing that the Class Vehicle’s Xtronic Continuously Variable Transmission (“CVT”) was defective.
Allegedly, the CVT transmission contains one or more design and/or manufacturing defects, and discovery will show the Class Vehicles are designed and/or manufactured with an inadequate cooling system that fails to properly regulate the temperature in the fluid which lubricates all the components of the CVT, including the belts, pulleys, and valves.
The design and/or manufacturing defect, according to the complaint, makes the transmission unreasonably sensitive to heat. As such, the CVT in the Class Vehicles is prone to overheating, which activates a fluid temperature protection mode and reduces transmission performance, among other symptoms. Consequently, drivers experience conditions ranging from shuddering, jerking, failure to accelerate, all the way to catastrophic transmission failure.
The CVT defect, allegedly, causes sudden, unexpected shaking and violent jerking when drivers attempt to accelerate their vehicles; causes the vehicle to lag or delay when the driver tries to accelerate, resulting in an unsafe, unpredictable acceleration; exhibits a hard deceleration, or “clunk,” when drivers either slow down or accelerate at low speeds; causes complete transmission failure in the middle of roadways, and suffers catastrophic failure, necessitating replacement.
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO COMPLETE THE FORM ON THE RIGHT OR CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
Dec 30, 2021 | Product Liability
Approximately 272,000 Endurance® Hand Bed Rails Recalled – Serious Entrapment Hazard And Risk Of Death By Asphyxiation – One Death Reported
The U.S. Consumer Product Safety Commission (“CPSC”) and Essential Medical Supply Inc., of Orlando, Florida, announced the recall of four models of the company’s Endurance Hand Bed Rails. This recall involves the Hand Bed Rail (model P1410), Hand Bed Rail with Pouch (model P1410-P), Hand Bed Rail with Floor Support (model P1411), and Hand Bed Rail with Floor Support with Pouch (model P1411-P).
Essential Medical Supply, Inc., sold about 272,000 units of the bed rails at medical supply stores nationwide and online at www.amazon.com and www.walmart.com. The bed rails were sold from October 2006 through December 2021 for between $36 and $98.
The name “Essential Medical Supply, Inc.” and the model number are printed on a label located on the grip handle of the bed rails. The rails are made of either chrome or white metal tubing and include black padding on the grip handle and under-bed frame. They measure approximately 17 inches to 21 inches high by 20 inches wide.
Consumers should immediately stop using the recalled bed rails. For consumers who own bed rails sold or imported on or after November 1, 2015, Essential Medical Supply, Inc., will provide a refund. The amount of the refund will be pro-rated based on the age of the bed rail. The company is not offering a remedy for older bed rails. Consumers with older bed rails sold between October 2006 and October 2015 should stop use, disassemble and dispose of the bed rails to prevent reuse.
CPSC urges consumers to report any related incidents to the agency at www.SaferProducts.gov.
Source: United States Consumer Product Safety Commission, cpsc.gov/recalls.
If you feel you have been a victim of a defective or misleading consumer product and/or product recall and wish to discuss your potential legal options, please complete the form on the right or contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation case evaluation.
Dec 29, 2021 | Product Liability
Scott Fetzer Consumer Brands Recalls American Angler Electric Fillet Knives Due to Laceration Hazard
Product & Hazard
American Angler Electric Fillet Knives (“EFK”) – The trigger mechanism on the Electric Fillet Knife units can become stuck in the “on” position, posing a laceration hazard.
Description & Remedy
This recall involves American Angler Electric Fillet Knives with model number 32300 and the following serial numbers: AEK-OB-DS-003-1, AEK-OB-DS-008-1, AMK-KM-DS-003-1, AEK-OB-RB-004-1. The model number is printed on the base of the handle of the EFK and the serial number is printed on the product packaging. “American Angler” is printed on the handle of the recalled knives. The knives were sold in orange and gray and are used as a fishing tool for filleting fish.
Consumers should immediately stop using the recalled EFK, unplug the unit, and cut the power cord. Consumers should then contact Scott Fetzer Consumer Brands to receive a free replacement EFK by mail. Consumers will need to provide their mailing address and proof of destruction by sending a photo of the recalled product and cut cord to the firm. The consumer should then throw away the unit in their trash.
Incidents/Injuries
The firm has received 23 reports of the EFK’s trigger mechanism becoming stuck in the “on” position. No injuries have been reported.
Sold At
Walmart, Bass Pro Shops and other retailers nationwide and online at www.amazon.com from January 2019 through October 2021 for between $110 and $150.
Source: United States Consumer Product Safety Commission, cpsc.gov/recalls.
If you feel you have been a victim of a defective or misleading consumer product and/or product recall and wish to discuss your potential legal options, please contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation case evaluation.
Dec 29, 2021 | Shareholder Investigations
MEDALLION FINANCIAL CORP. SECURITIES CLASS ACTION INVESTIGATION – MFIN INVESTORS WITH SIGNIFICANT LOSSES ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C.
Kehoe Law Firm, P.C. is investigating whether Medallion Financial Corp. (“Medallion”, “Medallion Financial” or the “Company”) (NASDAQ: MFIN) violated federal securities laws.
The Securities and Exchange Commission has charged Medallion Financial Corp., a Delaware company headquartered in New York, NY, and its President and Chief Operating Officer, Andrew Murstein (“Murstein”) of New York, NY, with illegally engaging in two schemes in an effort to reverse the Company’s plummeting stock price.
According to the SEC’s complaint, Medallion’s core business was making loans backed by taxicab medallions to taxicab owners and operators. However, the popularity of ride-sharing companies like Uber and Lyft led to a decline in the value of taxicab medallions and of Medallion’s stock price. Murstein and Medallion allegedly directed two separate schemes to inflate the Company’s stock price, in part with the help of California-based media strategy company, Ichabod’s Cranium, Inc., and its owner, Lawrence Meyers (“Meyers”), both of whom were also charged by the SEC with fraud.
The complaint, filed in United States District Court, alleges that Murstein and Medallion engaged in illegal touting by paying Ichabod’s Cranium and others to place positive stories about the Company on various websites, including Huffington Post, Seeking Alpha, and TheStreet.com. With Murstein’s knowledge, Meyers and others created fake identities so their opinion pieces would appear credible to potential investors. The complaint further alleges that Medallion and Murstein fraudulently increased the carrying value of Medallion Bank (the “Bank”), a wholly owned subsidiary of Medallion, to offset losses relating to the taxicab medallion loans. The complaint alleges that when the existing valuation firm refused to cave to Murstein’s pressure to increase the Bank’s valuation, Murstein fired the firm and hired a new firm to provide an inflated valuation of the Bank.
MEDALLION FINANCIAL INVESTORS WHO HAVE LOST MONEY ARE ENCOURAGED TO COMPLETE KEHOE LAW FIRM’S SECURITIES CLASS ACTION QUESTIONNAIRE OR CONTACT JOHN KEHOE, ESQ., (215) 792-6676, EXT. 801, [email protected], [email protected], TO DISCUSS THE MEDALLION FINANCIAL SECURITIES CLASS INVESTIGATION OR POTENTIAL LEGAL CLAIMS.
Dec 28, 2021 | Data Breach
Unauthorized Individuals Gained Access To Certain Mon Health E-Mail Accounts – Patient, Provider, Employee, And Contractor Information May Have Been Accessed
In a “Notice of Data Security Incident,” “Mon Health” (i.e., Monongalia Health System, Inc., including affiliated hospitals Monongalia County General Hospital Company and Stonewall Jackson Memorial Hospital Company) reported the following:
Mon Health determined that unauthorized individuals gained access to certain Mon Health email accounts between the dates of May 10, 2021 and August 15, 2021. In response, Mon Health secured the email accounts and reset their passwords.
Based on its investigation, Mon Health believes the purpose of the unauthorized access to the email accounts was to obtain funds from Mon Health through fraudulent wire transfers and to perpetrate an email phishing scheme, not to access personal information. That said, Mon Health cannot rule out the possibility that emails and attachments in the involved Mon Health email accounts containing patient, provider, employee, and contractor information may have been accessed as a result of this incident.
Thus, out of an abundance of caution, Mon Health conducted a comprehensive search of the contents of those email accounts to identify the information they contained. Through this search, Mon Health identified emails and attachments that contained the following information relating to patients and members of Mon Health’s employee health plan: names, Medicare Health Insurance Claim Numbers (which could contain Social Security numbers), addresses, dates of birth, patient account numbers, health insurance plan member ID numbers, medical record numbers, dates of service, provider names, claims information, medical and clinical treatment information and/or status as a current or former Mon Health patient. [Emphasis added.]
The U.S. Department of Health and Human Services, Office for Civil Rights, Breach Portal, reflects the hacking/IT incident affected 398,164 individuals.
To view the Notice of Data Security Incident, please click “Mon Health”
Have You Been Impacted by A Data Breach?
If so, please complete the form on the right or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
