The Trial Lawyer Summer 2022 | Page 96

determining that the women players actually get paid more on average per game than the men .
The women ’ s players countered , however , that women receive fewer bonuses for winning games and that their pay was only similar because they won 30 % more of their matches .
U . S . Soccer countered that their bonuses were only lower because that is how their union decided to set up their pay structures , whereas the men chose to focus more on incentive pay in their collective bargaining agreement .
The women ’ s team players had asked the Ninth Circuit to revive those claims , arguing that the judge failed to look at the underlying rates of pay , ignoring the fact that the women had to far outperform the men to earn more compensation .
The USWNT won back-to-back FIFA Women ’ s World Cups in 2015 and 2019 while the U . S . Men ’ s National Team failed to even qualify for the last men ’ s tournament in 2018 .
FOX , Sinclair Class Action Alleges Broadcasters Participated In Price- Fixing Conspiracy
A Tennessee-based furrier and jeweler is suing a group of major broadcasters , alleging the companies conspired to artificially inflate the price of TV advertising .
Plaintiff King Furs , Inc . filed the class action lawsuit against Dreamcatcher Broadcasting , LLC ; The E . W . Scripps Company ; Griffin Communications , LLC ; Fox Corporation ; Meredith Corporation ; Nexstar Media Group , Inc .; Gray Media Group ; Sinclair Broadcast Group , Inc .; TEGNA , Inc .; Tribune Broadcasting Company , LLC ; and Tribune Media Company May 17 in a Tennessee federal court , alleging violations of the Sherman Act .
The lawsuit alleges the firms “ secretly orchestrated ” a scheme to impact the price levels of broadcast television spot advertisements by agreeing to fix prices and exchange competitively sensitive sales data .
The firms withheld both the existence of this data exchange and the data itself were from purchasers of broadcast television spot advertising , creating an asymmetrical information advantage for the broadcasters in their dealings with their customers , the lawsuit alleges .
King Furs said that by exchanging ad sales data , “ the scheme derailed the competitive process ” and allowed the broadcaster defendants to avoid price competition .
The class action is based on the U . S . Department of Justice ’ s ad price-fixing probe into several companies , including Sinclair , Tribune Media and Raycom Media Inc .
Following the probe , the companies reached settlements with the government in 2018 and 2019 to resolve claims that they shared revenue and sales information in numerous media markets and allowed some companies to set prices based on that information .
King Furs seeks a permanent injunction barring the defendants from continuing the alleged collusion , as well as damages , fees , costs , interest and a jury trial .
Apple AirPods Lawsuit Alleges Product Ruptured Teen ’ s Eardrum
Parents of a teenage boy in Texas have slammed Apple with a lawsuit alleging the boy will have to use a hearing aid for the rest of his life due to a defect in its AirPods product that caused him permanent hearing damage .
Carlos Gordoa and Ariani Reyes filed the lawsuit against Apple , Inc . and the AirPods manufacturer May 16 in a California federal court , alleging violations of local and federal consumer laws .
The parents claim their son wore defective Apple AirPods operating at a low volume when “ ear-shattering sound levels ” from an Amber Alert came through them , ripping open his right eardrum and damaging his cochlea .
The incident has caused the boy to suffer from tinnitus , significant and permanent hearing loss , other temporary or permanent injuries , pain , suffering and disabilities leading to the loss of the pleasures of life , the lawsuit alleges .
It also claims the boy must now use a hearing aid for the rest of his life .
The lawsuit , which also names Luxshare-IDT Inc ., which imports the AirPods for Apple , and Luxshare Precision Industry Co . Ltd ., which manufactures them , alleges that Apple and Luxshare know that the earbuds are dangerously defective but have done nothing about it .
According to the lawsuit , the AirPods are defective because they do not automatically reduce , control , limit or increment notification or alert volumes to a safe level .
The complaint points to several online posts of users complaining that they received alerts that were played at full volume through their AirPods despite having lowered the overall volume of the devices .
The companies have been negligent in not advising customers of the risks , the lawsuit states .
The complaint includes claims for negligence , strict liability design defect , manufacturing defect and failure to warn , gross negligence , breach of implied warranty , fraud by non-disclosure and negligent infliction of emotional distress .