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Class Actions

3rd Circ. Revives ERISA Class Action Against UPenn

3rd Circuit Revives ERISA Class Action Against UPenn

By Emily Brill for The Third Circuit breathed new life into a proposed Employee Retirement Income Security Act class action against the University of Pennsylvania on Thursday, reviving claims that the school's retirement plan squandered workers' savings on steep administrative fees and high-cost, low-return investment options. In a 2-1 decision, the court revived two breach-of-fiduciary-duty claims against the university, writing that the proposed class of current and former Penn workers "plausibly alleged that Penn failed to conform to the high standard required of plan fiduciaries" when operating its retirement plan. The suit accused Penn of allowing its plan to pay $4.5 million...

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Paving Stone Co. Head Gets 10 Years For $26M Ponzi Scheme

By Stewart Bishop of A New York man on Friday was sentenced to over 10 years in prison for running a $26 million Ponzi scheme through a purported paving stone company, in a case that has also ensnared a former U.S. Securities and Exchange Commission attorney accused of aiding the scheme. Eric Aronson, 48, the founder and head of PermaPave Industries LLC and PermaPave USA Corp., was sentenced to 124 months in prison and ordered to forfeit $26 million after pleading guilty in September 2014 to securities fraud. Aronson was charged along with former SEC counsel and current private attorney Fredric Aaron,...

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Samsung Hit With Lawsuit Over Exploding Washers

By Steven Trader Law360, New York (March 9, 2016, 7:10 PM ET) -- Consumers have accused Samsung of breaching its implied warranty and unfairly making money by selling defective washing machines that explode randomly and are prone to "catastrophic failure," according to a proposed class action filed in Indiana federal court on Wednesday. Indiana resident Suzann Moore and Texas resident Michelle Soto Fielder say Samsung Electronics America Inc. exposed them to unreasonable harm and unjustly received their money by selling them brand-new washing machines that exploded violently in their homes just a few years later, causing significant damage. Though the machines' express...

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Starr Austen and Miller is Investigating Auto Service Agency’s Direct Mail Solicitation Practices

Starr Austen & Miller is investigating Auto Service Agency’s direct mail advertising practices for possible statutory violations. Auto Service Agency, based in St. Peters, Missouri, offers vehicle owners service contracts and is not affiliated with any vehicle manufacturer or individual dealer. If you’ve received a direct mail solicitation from Auto Service Agency, listing your vehicle’s make, model and year, please contact Andrew Miller....

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Settlement Close in Indiana State Fair Stage Collapse Case

A settlement appears to be imminent between the two parties involved in the case arising from the collapse of the stage right before a concert at the Indiana State Fair in 2011. The accident killed seven people, injured more than 40 and led to new regulations on the erection of riggings at outdoor events. The Defendants, Live Nation Worldwide, Dave Lucas Entertainment, Mid­America Sound, Lucky Star and most of the other defendants struck an initial deal after meeting May 5 and 6 with mediator John Van Winkle. Van Winkle cited the progress made toward a resolution in a recently filed report to Marion Superior Court Judge, Theodore...

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Starr Austen Miller Investigating Falling Debris Truck Accident

Attorneys at Starr Austen Miller are investigating the recent accident in Plymouth, Ind., in which a piece of metal came loose from a trailer and crashed into a truck’s windshield, claiming the life of the driver. According to the Marshall County coroner’s office, 57-year-old Manis Stacy Jr. of Knox was driving on Ind. 17 a few miles from Plymouth when the metal flew from a trailer going the opposite direction. The piece of metal smashed through the windshield of Stacy’s truck, which veered off the road and struck a tree. Stacy was pronounced dead at the scene....

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Attention: Wagoner Medical Center Patients

On March 18, 2013 the Attorney General's office filed documents to suspend the licenses of William G. Terpstra, M.D., Robert A. Brewer, M.D., Donald Wagoner, M.D. and Marilyn Wagoner, M.D. allegedly due to inappropriate and dangerous prescribing habits that did not meet established standards of medical practice and posed substantial risk to the safety of their patients, allegedly resulting in the deaths of 26 people. IF YOU ARE A PATIENT OF THE WAGONER MEDICAL CENTER AND HAVE SUFFERED INJURY OR SICKNESS AS A RESULT OF DRUG TOXICITY, OR A LOVED ONE HAS DIED OF AN OVERDOSE, PLEASE CONTACT US....

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Imprelis Settlement Notifications Nearing

Notification on Settlement in Herbicide Lawsuit Coming Next Week Beginning next week, DuPont will begin notifying all plaintiffs who lost their trees to the herbicide Imprelis that a settlement has been reached in the federal class action lawsuit against the major chemical manufacturer. Starr Austen & Miller LLP filed a class action lawsuit against DuPont in the summer of 2011. A corporation that owns a number of golf courses in central Indiana informed the law firm that several hundred trees had died as a result of Imprelis being applied to the golf courses. Plaintiffs across the U.S. also filed lawsuits against DuPont claiming that...

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Starr Austen & Miller Files Suit Against Companies Responsible For Fungal Meningitis Outbreak

Mark S. Fryman, of the Indiana law firm of Starr Austen & Miller, LLP, announced today that the firm, along with the firm of McNeely Stephenson Thopy & Harrold, have commenced a lawsuit against New England Compounding Pharmacy, Inc., d/b/a New England Compounding Center (“NECC”), and two of its closely related companies, as well as these companies officers, in regard to the recent multi-state fungal meningitis outbreak, linked to tainted vials of a contaminated steroid injection which has harmed Plaintiff, Natalie S. Copass. The case is entitled “Natalie S. Copass v. New England Compounding Pharmacy, Inc. d/b/a New England Compounding...

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Starr Austen & Miller Investigating Kenmore Elite & LG Gas Dryer Recall

Scott Starr, of Starr, Austen & Miller, LLP, announced today that the firm is investigating potential products liability claims related to LG and Kenmore Elite gas dryers, which have been recalled due to a fire hazard. The U.S. Consumer Product Safety Commission (USCPSC) announced on August 21, 2012, that approximately 21,000 LG and Kenmore Elite gas dryers, sold between November 2009 through August 2010 are being voluntarily recalled because of a faulty gas valve. This valve may fail to shut off properly, which leads to the dryer continuing to be heated even after the dryer cycle is complete. This may result...

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