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Lawrence E. Feldman & Associates has experience litigating cases in various areas of law. Below are some of our more interesting cases by topic.
Antitrust Law
In re Bath and Kitchen Fixtures Antitust Litigation. Filed in February 2005, thirteen class actions are now pending in the Eastern District of Pennsylvania, against American Standard Companies, Inc., Masco Corporation and its subsidiary, Delta Faucet Company. These suits were filed on behalf of direct purchasers of plumbing and kitchen fixtures from these defendants. As alleged in the complaints, the class consists of “all persons who purchased fixtures in the United States or from a facility in the United States directly from the defendants or any of their predecessors or controlled subsidiaries.” The allegations describe violations of Federal Antitrust Laws in connection with the sale of certain products in the United States. The cases have been consolidated and plaintiffs’ counsel will be filing an Amended Consolidated Complaint naming all thirteen companies in one caption.
Entertainment Law
Moore v. American Federation of Television and Radio Artists (AFTRA), et. al. - filed in 1993, the firm has recently obtained settlement against the AFTRA union on behalf of several well-known artists whose pension and health care benefits were underfunded.
Intellectual Property
Chambers v. MP3.com-filed in January 2000, this suit alleged that website MP3.com violated the Lanham Act and common law claims when it posted the names and music of legendary recording artist Lester Chambers, Tony Silvester, the Coasters and Bill Pinkney without their permission. The plaintiffs successfully defended MP3.com’s motion to dismiss these claims and the suit settled.
Slep-Tone Entertainment Corp. v. Sound Choice-(ICANN dispute) the second ever ICANN arbitration decision on Domain and Internet Rights, was obtained by our client with the aid of Steve Tyson, Esquire of the firm with minimum expenditure of time or money. The dispute concerned the name “Sound Choice,”a registered trademark for a Karaoke company, who had a website at www.soundchoice.com, and had objected to the defendant’s website of a similar name, www.soundchoice.net. Feldman firm prevailed on behalf of the defendant, said his counsel Tyson, "because trademark rights and domain name registration rights do not necessarily coincide. There are additional issues in ICANN disputes, involving intent and bad faith.”
Pfizer v. Lawrence E. Feldman (ICANN dispute) our firm successfully, defended the right to use the domain name www.celebrexcentral.com to provide information on the potentially dangerous pain reliever Celebrex, against the protests of the maker of the drug, Pfizer, who eventually dropped the matter.
Nursing Home Negligence
Leggerie v. Chapel Manor Nursing Home-Filed in September 2000, this lawsuit was filed on behalf of an elderly woman who fractured her ankle at home, had orthopedic surgery and then was sent to Chapel Manor Nursing Home for short-term convalescence. The plaintiff’s leg was placed in a cast below her knee prior to her admission to the nursing home. The complaint alleged that the nursing staff as well as her attending physician failed to adequately monitor her cast for signs of infection and decreased circulation. As a result of this failure the suit went on to allege that the plaintiff’s leg had to be amputated below the knee, when no one failed to detect that her foot became gangrenous. The case settled on the eve of trial and the plaintiff is doing well.
Medical Malpractice
Lafaso v. Lankenau Hospital-this case alleged that plaintiff unnecessarily fell out of bed and fractured her hip when nursing staff failed to timely respond to the call bell. Plaintiff was injured on the one day prior to the day she was to be discharged from the hospital for cardiac surgery. However, because of her fall, she had to undergo surgery and an additional one-month stay in the hospital. The case settled on the eve of trial.
Wax v. Jefferson University Hospital, et. al.- this case alleged that plaintiff, a 61 year old male underwent an unnecessary resection of the sigmoid colon for removal of a polyp followed by post-operative complications which kept him in the hospital for over two months, including having to unnecessarily have a colostomy placed. The suit settled prior to trial.
Consumer Fraud Cases
Hapner v. Sony Corporation-filed in 2005, Feldman is co-counsel with three other firms against Sony Corp. The suit seeks certification of a national class of purchasers of Sony Vaio GRX series laptop computers. The suit alleges that Sony violated various consumer protection laws when it manufactured and marketed its Sony Vaio series laptop computers. As alleged, these laptops all had a defective memory slot which causes the computer to malfunction. The suit is pending in Superior Court of California, San Diego County. If you purchased a Sony Vaio GRX series laptop computer and would like more information, please contact our firm. Click here for complaint in pdf format.
Sheller Ludwig & Badey v. Gateway- the Feldman firm obtained one of the first nationwide class action settlements against a computer manufacturer for violations of consumer protection laws. The case alleged that the defendant company violated consumer laws in Pennsylvania and around the country when it advertised its personal computers as being “Pentium upgradeable” when in fact they were not. The case settled on a nationwide basis.
Cox v. Iomega Corp.-the firm obtained a nationwide class action settlement on behalf of consumers who purchased computer data storage devices, marketed as Zip drives from Iomega Corporation. The gravamen of plaintiffs complaint was that Iomega violated the express representations on the packaging for its data storage devices, known as the Jaz® drive, the Zip® drive, and the Ditto® drive, which deceptively implied that they were easy to use and that technical support was available to purchasers at no charge. Plaintiffs alleged that these practices violated Iomega’s obligations under the product warranties, under the federal Magnuson-Moss Consumer Products Warranties Act (“MMWA”), as well as under state warranty laws.
Securities Law
Benning v. Wit Capital-plaintiffs obtained class certification in this case filed in the Superior Court in Delaware on behalf of investors who purchased IPO’s through the defendant’s website and were denied allocations of IPO shares they were promised, in breach of Wit Capital’s representations and internal policies. The complaint alleges violations of consumer fraud law as well as common law breach of contract claims. Defendant Wit Capital has lodged an appeal of the granting of plaintiff’s class certification motion. The appeal will most likely be heard in the next six months.
Lawrence E. Feldman & Associates has experience litigating cases in various areas of law. Below are some of our more interesting cases by topic.
Antitrust Law
In re Bath and Kitchen Fixtures Antitust Litigation. Filed in February 2005, thirteen class actions are now pending in the Eastern District of Pennsylvania, against American Standard Companies, Inc., Masco Corporation and its subsidiary, Delta Faucet Company. These suits were filed on behalf of direct purchasers of plumbing and kitchen fixtures from these defendants. As alleged in the complaints, the class consists of “all persons who purchased fixtures in the United States or from a facility in the United States directly from the defendants or any of their predecessors or controlled subsidiaries.” The allegations describe violations of Federal Antitrust Laws in connection with the sale of certain products in the United States. The cases have been consolidated and plaintiffs’ counsel will be filing an Amended Consolidated Complaint naming all thirteen companies in one caption.
Entertainment Law
Moore v. American Federation of Television and Radio Artists (AFTRA), et. al. - filed in 1993, the firm has recently obtained settlement against the AFTRA union on behalf of several well-known artists whose pension and health care benefits were underfunded.
Intellectual Property
Chambers v. MP3.com-filed in January 2000, this suit alleged that website MP3.com violated the Lanham Act and common law claims when it posted the names and music of legendary recording artist Lester Chambers, Tony Silvester, the Coasters and Bill Pinkney without their permission. The plaintiffs successfully defended MP3.com’s motion to dismiss these claims and the suit settled.
Slep-Tone Entertainment Corp. v. Sound Choice-(ICANN dispute) the second ever ICANN arbitration decision on Domain and Internet Rights, was obtained by our client with the aid of Steve Tyson, Esquire of the firm with minimum expenditure of time or money. The dispute concerned the name “Sound Choice,”a registered trademark for a Karaoke company, who had a website at www.soundchoice.com, and had objected to the defendant’s website of a similar name, www.soundchoice.net. Feldman firm prevailed on behalf of the defendant, said his counsel Tyson, "because trademark rights and domain name registration rights do not necessarily coincide. There are additional issues in ICANN disputes, involving intent and bad faith.”
Pfizer v. Lawrence E. Feldman (ICANN dispute) our firm successfully, defended the right to use the domain name www.celebrexcentral.com to provide information on the potentially dangerous pain reliever Celebrex, against the protests of the maker of the drug, Pfizer, who eventually dropped the matter.
Nursing Home Negligence
Leggerie v. Chapel Manor Nursing Home-Filed in September 2000, this lawsuit was filed on behalf of an elderly woman who fractured her ankle at home, had orthopedic surgery and then was sent to Chapel Manor Nursing Home for short-term convalescence. The plaintiff’s leg was placed in a cast below her knee prior to her admission to the nursing home. The complaint alleged that the nursing staff as well as her attending physician failed to adequately monitor her cast for signs of infection and decreased circulation. As a result of this failure the suit went on to allege that the plaintiff’s leg had to be amputated below the knee, when no one failed to detect that her foot became gangrenous. The case settled on the eve of trial and the plaintiff is doing well.
Medical Malpractice
Lafaso v. Lankenau Hospital-this case alleged that plaintiff unnecessarily fell out of bed and fractured her hip when nursing staff failed to timely respond to the call bell. Plaintiff was injured on the one day prior to the day she was to be discharged from the hospital for cardiac surgery. However, because of her fall, she had to undergo surgery and an additional one-month stay in the hospital. The case settled on the eve of trial.
Wax v. Jefferson University Hospital, et. al.- this case alleged that plaintiff, a 61 year old male underwent an unnecessary resection of the sigmoid colon for removal of a polyp followed by post-operative complications which kept him in the hospital for over two months, including having to unnecessarily have a colostomy placed. The suit settled prior to trial.
Consumer Fraud Cases
Hapner v. Sony Corporation-filed in 2005, Feldman is co-counsel with three other firms against Sony Corp. The suit seeks certification of a national class of purchasers of Sony Vaio GRX series laptop computers. The suit alleges that Sony violated various consumer protection laws when it manufactured and marketed its Sony Vaio series laptop computers. As alleged, these laptops all had a defective memory slot which causes the computer to malfunction. The suit is pending in Superior Court of California, San Diego County. If you purchased a Sony Vaio GRX series laptop computer and would like more information, please contact our firm.  Click here for the latest status of the lawsuit.
Sheller Ludwig & Badey v. Gateway- the Feldman firm obtained one of the first nationwide class action settlements against a computer manufacturer for violations of consumer protection laws. The case alleged that the defendant company violated consumer laws in Pennsylvania and around the country when it advertised its personal computers as being “Pentium upgradeable” when in fact they were not. The case settled on a nationwide basis.
Cox v. Iomega Corp.-the firm obtained a nationwide class action settlement on behalf of consumers who purchased computer data storage devices, marketed as Zip drives from Iomega Corporation. The gravamen of plaintiffs complaint was that Iomega violated the express representations on the packaging for its data storage devices, known as the Jaz® drive, the Zip® drive, and the Ditto® drive, which deceptively implied that they were easy to use and that technical support was available to purchasers at no charge. Plaintiffs alleged that these practices violated Iomega’s obligations under the product warranties, under the federal Magnuson-Moss Consumer Products Warranties Act (“MMWA”), as well as under state warranty laws.
Securities Law
Benning v. Wit Capital-plaintiffs obtained class certification in this case filed in the Superior Court in Delaware on behalf of investors who purchased IPO’s through the defendant’s website and were denied allocations of IPO shares they were promised, in breach of Wit Capital’s representations and internal policies. The complaint alleges violations of consumer fraud law as well as common law breach of contract claims. Defendant Wit Capital has lodged an appeal of the granting of plaintiff’s class certification motion. The appeal will most likely be heard in the next six months.
Lawrence E. Feldman & Associates has experience litigating cases in various areas of law. Below are some of our more interesting cases by topic.
Antitrust Law
In re Bath and Kitchen Fixtures Antitust Litigation. Filed in February 2005, thirteen class actions are now pending in the Eastern District of Pennsylvania, against American Standard Companies, Inc., Masco Corporation and its subsidiary, Delta Faucet Company. These suits were filed on behalf of direct purchasers of plumbing and kitchen fixtures from these defendants. As alleged in the complaints, the class consists of “all persons who purchased fixtures in the United States or from a facility in the United States directly from the defendants or any of their predecessors or controlled subsidiaries.” The allegations describe violations of Federal Antitrust Laws in connection with the sale of certain products in the United States. The cases have been consolidated and plaintiffs’ counsel will be filing an Amended Consolidated Complaint naming all thirteen companies in one caption.
Entertainment Law
Moore v. American Federation of Television and Radio Artists (AFTRA), et. al. - filed in 1993, the firm has recently obtained settlement against the AFTRA union on behalf of several well-known artists whose pension and health care benefits were underfunded.
Intellectual Property
Chambers v. MP3.com-filed in January 2000, this suit alleged that website MP3.com violated the Lanham Act and common law claims when it posted the names and music of legendary recording artist Lester Chambers, Tony Silvester, the Coasters and Bill Pinkney without their permission. The plaintiffs successfully defended MP3.com’s motion to dismiss these claims and the suit settled.
Slep-Tone Entertainment Corp. v. Sound Choice-(ICANN dispute) the second ever ICANN arbitration decision on Domain and Internet Rights, was obtained by our client with the aid of Steve Tyson, Esquire of the firm with minimum expenditure of time or money. The dispute concerned the name “Sound Choice,”a registered trademark for a Karaoke company, who had a website at www.soundchoice.com, and had objected to the defendant’s website of a similar name, www.soundchoice.net. Feldman firm prevailed on behalf of the defendant, said his counsel Tyson, "because trademark rights and domain name registration rights do not necessarily coincide. There are additional issues in ICANN disputes, involving intent and bad faith.”
Pfizer v. Lawrence E. Feldman (ICANN dispute) our firm successfully, defended the right to use the domain name www.celebrexcentral.com to provide information on the potentially dangerous pain reliever Celebrex, against the protests of the maker of the drug, Pfizer, who eventually dropped the matter.
Nursing Home Negligence
Leggerie v. Chapel Manor Nursing Home-Filed in September 2000, this lawsuit was filed on behalf of an elderly woman who fractured her ankle at home, had orthopedic surgery and then was sent to Chapel Manor Nursing Home for short-term convalescence. The plaintiff’s leg was placed in a cast below her knee prior to her admission to the nursing home. The complaint alleged that the nursing staff as well as her attending physician failed to adequately monitor her cast for signs of infection and decreased circulation. As a result of this failure the suit went on to allege that the plaintiff’s leg had to be amputated below the knee, when no one failed to detect that her foot became gangrenous. The case settled on the eve of trial and the plaintiff is doing well.
Medical Malpractice
Lafaso v. Lankenau Hospital-this case alleged that plaintiff unnecessarily fell out of bed and fractured her hip when nursing staff failed to timely respond to the call bell. Plaintiff was injured on the one day prior to the day she was to be discharged from the hospital for cardiac surgery. However, because of her fall, she had to undergo surgery and an additional one-month stay in the hospital. The case settled on the eve of trial.
Wax v. Jefferson University Hospital, et. al.- this case alleged that plaintiff, a 61 year old male underwent an unnecessary resection of the sigmoid colon for removal of a polyp followed by post-operative complications which kept him in the hospital for over two months, including having to unnecessarily have a colostomy placed. The suit settled prior to trial.
Consumer Fraud Cases
Hapner v. Sony Corporation-filed in 2005, Feldman is co-counsel with three other firms against Sony Corp. The suit seeks certification of a national class of purchasers of Sony Vaio GRX series laptop computers. The suit alleges that Sony violated various consumer protection laws when it manufactured and marketed its Sony Vaio series laptop computers. As alleged, these laptops all had a defective memory slot which causes the computer to malfunction. The suit is pending in Superior Court of California, San Diego County. If you purchased a Sony Vaio GRX series laptop computer and would like more information, please contact our firm. Click here for complaint in pdf format.
Sheller Ludwig & Badey v. Gateway- the Feldman firm obtained one of the first nationwide class action settlements against a computer manufacturer for violations of consumer protection laws. The case alleged that the defendant company violated consumer laws in Pennsylvania and around the country when it advertised its personal computers as being “Pentium upgradeable” when in fact they were not. The case settled on a nationwide basis.
Cox v. Iomega Corp.-the firm obtained a nationwide class action settlement on behalf of consumers who purchased computer data storage devices, marketed as Zip drives from Iomega Corporation. The gravamen of plaintiffs complaint was that Iomega violated the express representations on the packaging for its data storage devices, known as the Jaz® drive, the Zip® drive, and the Ditto® drive, which deceptively implied that they were easy to use and that technical support was available to purchasers at no charge. Plaintiffs alleged that these practices violated Iomega’s obligations under the product warranties, under the federal Magnuson-Moss Consumer Products Warranties Act (“MMWA”), as well as under state warranty laws.
Securities Law
Benning v. Wit Capital-plaintiffs obtained class certification in this case filed in the Superior Court in Delaware on behalf of investors who purchased IPO’s through the defendant’s website and were denied allocations of IPO shares they were promised, in breach of Wit Capital’s representations and internal policies. The complaint alleges violations of consumer fraud law as well as common law breach of contract claims. Defendant Wit Capital has lodged an appeal of the granting of plaintiff’s class certification motion. The appeal will most likely be heard in the next six months.
Created on 04/14/2005 04:01 PM by leflaw
Updated on 05/27/2005 02:30 PM by leflaw
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