Harbortouch lawsuit

In DeMarco v. AvalonBay Communities, Inc., in which LDG is a court-appointed co-lead counsel, the federal court dismissed the plaintiffs’ claim under the New Jersey Consumer Fraud Act. Among other things, AvalonBay had advertised Avalon at Edgewater as a luxury complex with “thoughtfully designed floor plans, ” when in fact the buildings were a fire trap that quickly burned to the ground when AvalonBay’s employees negligently started the fire. Despite that, the court found that the plaintiffs had not done enough to show consumer fraud, and that “not every alleged wrong can be remedied with every cause of action.” AvalonBay has not tried to dismiss the plaintiffs’ other causes of action, and those claims are proceeding. Plaintiffs’ motion for class certification has already been filed, and briefing on that motion is to conclude in January 2016. Meanwhile, the court has scheduled a settlement conference for December 14, 2015, in an effort to achieve a prompt and fair resolution for all Avalon at Edgewater tenants.

In DeMarco v. AvalonBay Communities, Inc., a consolidation of three cases pending in the District of New Jersey, the Court appointed LDG as one of the co-lead counsel for the class. The consolidated case alleges that the defendant’s negligence caused a massive fire that destroyed an entire building at the residential complex known as Avalon at Edgewater, located in Edgewater, New Jersey. To learn more about this class action lawsuit, click here to view the Complaint.

In Ambro Hegab v. Family Dollar Stores, Inc., the Court granted final approval of class action settlement in a class action lawsuit involving allegations that Family Dollar Stores, Inc. violated New Jersey Wage and Hour Law by misclassifying its store managers in New Jersey as exempt from state overtime premium pay.

In Palomino v. Shop-Vac Corporation, pending in the Superior Court of New Jersey, the court denied the defendant’s motion for summary judgment, granted the plaintiff’s motion for certification of a class of thousands of New Jersey purchasers of Shop-Vac wet/dry vacuums, and appointed LDG as one of the co-lead counsel for the class. The class action lawsuit alleges that Shop-Vac has violated the New Jersey Consumer Fraud Act and breached a warranty by misrepresenting the “peak horsepower” of its vacuums for at least six years.

In Federman v. Bank of America, pending in the District of New Jersey, where LDG is co-counsel for the plaintiff, plaintiff defeated a motion to dismiss his claims under the New Jersey Wage and Hour Law and his breach of contract and unjust enrichment claims under the law of New Jersey. The class action lawsuit alleges that Bank of America, as a co-employer of the plaintiff and members of the class, wrongfully deprived them of wage payments for a period of many years.

In In re Hydroxycut Marketing & Sales Practices Litigation, pending in the Southern District of California, where LDG is one of the counsel for the plaintiffs and the class, and one of LDG’s clients is a named class representative, the court granted final approval of a settlement worth over $25 million to a nationwide class of purchasers of Hydroxycut products. The plaintiffs in this class action lawsuit contended that the defendants misrepresented the safety and effectiveness of those products.

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