Gross Combined Weight Rating Focus Of Lawsuit Against GM

Class Action Lawsuit On Behalf Of Current Or Former Owners And/Or Lessees Of 2020 GMC Sierra 1500 & 2020 Chevy Silverado 1500 Vehicles

Consumers should be aware that a class action lawsuit was filed in United States District Court, Southern District of Florida, against General Motors, LLC (“GM”) on behalf of current or former owners and/or lessees of model year 2020 GMC Sierra 1500 and 2020 Chevy Silverado 1500 (“Class Vehicles”).

According to the complaint, in April 2021, GM sent a letter to Plaintiff and Class Members informing them that the advertised gross combined weight rating (“GCWR”) on the Trailering Information Label for the 2020 GMC Sierra 1500 was inaccurate. According to Defendant GM’s disclosure, Plaintiff’s 2020 GMC Sierra 1500 had a GCWR of 15,000 pounds, which is 1,800 pounds less than the GCWR that Defendant GM used to advertise and sell the vehicles to Plaintiff and Class Members. Similarly, the 2020 Chevrolet Silverado 1500 was affected by incorrect Trailering Information Labels.

According to the complaint, had Plaintiff and Class Members known that the Class Vehicles’ actual GCWR at the time of purchase, and in light of the safety hazard posed by towing loads in excess of a vehicle’s capacity, they would have not bought the Class Vehicles or would have paid much less. Plaintiff and Class members, according to the complaint, have not received the value of their bargain in purchasing their Class Vehicles and have suffered damages.

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.  
Kehoe Law Firm, P.C. 

Edge Pharma Issues Voluntary Nationwide Recall Of All Drug Products

Recall Of All Drugs Compounded At Edge Pharma, LLC 
Process issues that could lead to a lack of sterility assurance for products intended to be sterile and could impact the safety and quality of non-sterile products. 

Consumers should be aware that Edge Pharma is recalling all lots of all drugs compounded at Edge Pharma, due to process issues that could lead to a lack of sterility assurance for products intended to be sterile and could impact the safety and quality of non-sterile products.

Risk Statement: Administration of a drug product intended to be sterile, that is not sterile, could result in site specific infections as well as serious systemic infections which may be life- threatening.

To date, Edge Pharma, has not received and is not aware of any adverse events related to this recall.

The products being recalled are used for a variety of indications and are packaged in Containers, IV bags, Syringes, Drop containers, Vials, Bottles, and Jars.

RECOMMENDATIONS
  • Consumers and institutions that have Edge Pharma products should stop using the products immediately and may either return or discard the recalled lots.
  • Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking or using these drug products.
To read the recall announcement, please click Edge Pharma Nationwide Recall.

Health professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA’s MedWatch Safety Information and Adverse Event Reporting Program:

  • Complete and submit the report online.
  • Download form or call 1-800-332-1088 to request a reporting form, then complete and return to the address on form, or submit by fax to 1-800-FDA-0178.

Source: U.S. Food & Drug Administration, MedWatch, The FDA Safety Information and Adverse Event Reporting Program.

Kehoe Law Firm, P.C.

Certain Ford Bronco Sport & Ford Escape Vehicles Recalled

Ford Motor Company Recalling Certain 2021-2022 Bronco Sport And Escape Vehicles – Rear Brake Linings May Have Been Manufactured Incorrectly

Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If left unrepaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. The following MAY APPLY to your vehicle if it is listed below. Please click on the National Highway Traffic Safety Administration (“NHTSA”) Recall ID Number below to learn more about the safety issue and the reason for the vehicle recall. 

Manufacturer: Ford Motor Company
Components: SERVICE BRAKES, HYDRAULIC
Potential Number of Units Affected: 114,996
Summary & Remedy

Ford Motor Company (“Ford”) is recalling certain 2021-2022 Ford Bronco Sport and Ford Escape vehicles. The rear brake linings may have been manufactured incorrectly, which can affect braking performance. As such, these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard number 135, “Light Vehicle Brake Systems.” During certain situations, the driver may have to apply more brake pedal force, and the distance required to stop the vehicle may be extended, increasing the risk of a crash.

The remedy is currently under development. Owner notification letters are expected to be mailed January 10, 2022. Owners may contact Ford customer service at 1-866-436-7332. Ford’s number for this recall is 21C31. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.

To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.
What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What should I do if my vehicle is included in this recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional recall information, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS. 
Kehoe Law Firm, P.C. 

Honda Hoods May Open While Driving – Certain Hondas Recalled

Honda Passport (2019), Honda Pilot (2016-2019), Honda Ridgeline (2017-2020)
Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If left unrepaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. The following MAY APPLY to your vehicle if it is listed below. Please click on the National Highway Traffic Safety Administration (“NHTSA”) Recall ID Number below to learn more about the safety issue and the reason for the vehicle recall.  
NHTSA Campaign Number: 21V932000
Manufacturer: Honda (American Honda Motor Co.)
Components: STRUCTURE, LATCHES/LOCKS/LINKAGES
Potential Number of Units Affected: 724,826
Summary & Remedy

Honda (American Honda Motor Co.) is recalling certain 2019 Passport, 2016-2019 Pilot, and 2017-2020 Ridgeline vehicles. The hood latch striker may become damaged and separate from the hood, which can result in the hood opening while driving.

Dealers will either repair the hood latch striker, or replace the hood if necessary, free of charge. Owner notification letters are expected to be mailed January 17, 2022. Owners may contact Honda customer service at 1-888-234-2138. Honda’s number for this recall is PBV. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.

To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.

What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What should I do if my vehicle is included in this recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional recall information, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS. 
Kehoe Law Firm, P.C. 

Approximately $1 Million Awarded To Two Whistleblowers By CFTC

On November 22, 2021, the Commodity Futures Trading Commission (“CFTC”) announced awards totaling nearly $1 million to two whistleblowers whose information led the CFTC to bring a successful enforcement action. Both whistleblowers provided significant information and substantial assistance to CFTC staff during the underlying investigation.

While each whistleblower’s information supported and, ultimately, led to different charges the CFTC brought in the enforcement action, the CFTC allocated a higher award percentage to one claimant because of the key role that claimant’s information played in causing the CFTC to open the investigation in question and focusing CFTC staff’s efforts during the investigation’s earliest stages. The other claimant reported to the CFTC after that investigation was already underway. Opening investigations is crucial to the success and effectiveness of the CFTC’s enforcement program, and the first claimant’s provision of information during the earliest stages of the matter also helped CFTC staff conserve time and resources and better focus their investigative efforts. Granting a larger award to the first claimant recognized this added value.

The CFTC’s Whistleblower Program

The CFTC’s Whistleblower Program was created under Section 748 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  The CFTC issues awards related not only to the agency’s enforcement actions, but also in connection with actions brought by other domestic or foreign regulators if certain conditions are met. Since issuing its first award in 2014, the CFTC has granted whistleblower awards amounting to approximately $300 million. Those awards are associated with enforcement actions that have resulted in monetary sanctions totaling more than $3 billion.

The Commodity Exchange Act (“CEA”) provides confidentiality protections for whistleblowers. Regardless of whether the CFTC grants an award, the CFTC will not disclose any information that could reasonably be expected to reveal a whistleblower’s identity, except in limited circumstances. Consistent with this confidentiality protection, the CFTC will not disclose the name of the enforcement action in which the whistleblower provided information or the exact dollar amount of the award granted.

Whistleblowers are eligible to receive between 10 and 30 percent of the monetary sanctions collected. All whistleblower awards are paid from the CFTC Customer Protection Fund, which was established by Congress, and is financed entirely through monetary sanctions paid to the CFTC by violators of the CEA. No money is taken or withheld from injured customers to fund the program.

How Does One Become Eligible For A Whistleblower Award?

The first step to becoming eligible for a whistleblower award is for an individual or group of individuals to submit a tip, complaint, or referral on a Form TCR that contains information about a potential violation of the CEA. Whistleblowers can be anyone, such as corporate insiders, market observers, investors, customers, and fraud victims. A whistleblower need not be a company insider. But entities cannot be eligible for awards themselves, and not every whistleblower will be eligible for an award.

Information provided by a whistleblower could lead the CFTC to open a new investigation, re-open a closed investigation, pursue a new line of inquiry in an ongoing investigation, or significantly contribute to the success of an enforcement action. This could result in a successful enforcement action or a Related Action, which could be brought by another governmental authority. Only those whistleblowers who submit information before the CFTC contacts them will be eligible for an award. In order for information to be voluntarily submitted, it must be submitted before the CFTC or certain other authorities request, inquire, or demand information from the whistleblower related to the original information being provided.

Individuals can submit a tip anonymously, with or without a lawyer’s help. Because the CFTC may need to contact a whistleblower for more information, individuals should provide some means of contact, such as an email address or telephone number. Likewise, there are detailed requirements for submitting an award application anonymously. If you have any questions about submitting anonymously, you are encouraged to contact the Whistleblower Office before you file.

Whether or not an individual submits anonymously, the CFTC is committed to protecting the identities of whistleblowers. The CFTC treats information learned during the course of an investigation—including the identity of sources—as non-public and confidential.

The exception to this policy is that in an administrative or court proceeding, the CFTC may be required to produce documents or other information which would reveal a whistleblower’s identity. Likewise, the CFTC may also provide the information provided by whistleblowers, subject to confidentiality requirements, to other government or regulatory entities.

CFTC Whistleblower Prerequisites & Eligibility Requirements

The Whistleblower Rules specify the prerequisites and eligibility requirements. The prerequisites include the following:

  • Whistleblower information must be provided voluntarily, prior to a request, inquiry, or demand for information;
  • The information must be original information not previously known to the CFTC, but if the whistleblower is the original source of the information, it would be deemed original information;
  • The information must have led to a successful resolution of CFTC action or a Related Action;
  • The whistleblower, upon CFTC staff’s request, must provide certain additional information;
  • The whistleblower must have submitted an award application (Form WB-APP) in response to a Notice of Covered Action or a final judgment in a Related Action or both.

Source: CFTC.gov

Kehoe Law Firm, P.C. 

2018-2019 Toyota Camry Vehicle Recall

Toyota Motor Engineering & Manufacturing Recalling Certain 2018-2019 Camry Vehicles

Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If left unrepaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. The following MAY APPLY to your vehicle if it is listed below. Please click on the National Highway Traffic Safety Administration (“NHTSA”) Recall ID Number below to learn more about the safety issue and the reason for the vehicle recall.  

NHTSA Recall ID: 21V890000
Manufacturer: Toyota Motor Engineering & Manufacturing
Components: SERVICE BRAKES, HYDRAULIC
Potential Number of Units Affected: 227,490
Summary & Remedy

Toyota Motor Engineering & Manufacturing (“Toyota”) is recalling certain 2018-2019 Camry vehicles. The vane cap inside the vacuum pump may break, causing the pump to fail, which could result in a sudden loss of braking assist. A sudden loss of braking assist can increase the risk of a crash. 

Dealers will repair or replace the vacuum pump, as necessary, free of charge. Owner notification letters are expected to be mailed December 16, 2021. Owners may contact Toyota customer service at 1-800-331-4331. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to www.nhtsa.gov.

To find out if your vehicle is included in the recall, please use the NHTSA’s VIN Look-up Tool.
What Is A Vehicle Recall?

When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.

What should I do if my vehicle is included in this recall?

If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.

For additional recall information, please click Vehicle Recall FAQs.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS. 
Kehoe Law Firm, P.C.