LEGALBRIEFS
LEGALBRIEFS
By Top Class Actions
CVS class action alleges third party tracks website users ’ prescription activity
SaaS company Quantum Metric wiretapped the electronic communications of visitors to CVS ’ s website and , in doing so , captured personally identifiable information ( PII ) such as prescription and over-the-counter medication activity , a new class action lawsuit claims .
The Plaintiffs ’ class action lawsuit claims QM embedded a code into CVS ’ s website to secretly observe website visitors ’ keystrokes , mouse clicks and other electronic communications , including PII .
“ QM captures website users ’ electronic communications in real-time through its Session Replay feature , and then has the capability to analyze those communications and divulge them to other third parties ,” the CVS website class action says .
The plaintiffs want to represent a class of California residents and a class of Pennsylvania residents who have visited CVS ’ s website and had their electronic communications intercepted or recorded by QM .
“ QM ’ s software-as-a-service begins operating as soon as a user accesses the Website ,” the CVS website class action says . “ Thus , users are not on notice of QM ’ s wiretapping , nor do users provide their consent to the same .”
The lawsuit claims QM is guilty of violating the California Invasion of Privacy Act and the Pennsylvania Wiretapping And Electronic Surveillance Act .
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The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of compensatory , punitive , and statutory damages for themselves and all class members .
J & J proposes $ 6.5B payout , reorganization to resolve talc cancer claims
Johnson & Johnson ( J & J ) proposed a $ 6.5 billion plan to settle claims regarding its talc-based powder in a third attempt to reorganize the company through bankruptcy .
The J & J reorganization plan requires a supermajority of at least 75 % of the ovarian cancer claimants to agree to the deal . The talc cancer settlement would pay $ 6.5 billion over 25 years to resolve 99.75 % of all pending talc lawsuits while putting LTL Management into bankruptcy , Law360 reports .
The deal is a “ far better recovery than what claimants stand to recover at trial ,” Law 360 says Erik Haas , J & J worldwide vice president of litigation , stated in an investor call .
J & J has won 95 % of the cases that have reached trial but , at the current rate , it would take decades for all of the cases to be heard , Haas reportedly said . That means many of the cases would never reach court .
Claimants have three months to vote to approve the plan .
“ Let the claimants vote and decide whether this is in their best interests ,” Haas said , according to Law360 . “ We never got there because of a very small vocal contingent of plaintiffs lawyers who
prevented that vote from happening .” Haas said the Beasley Allen Law Firm , which represents the plaintiffs , is the main opposition to the plan , Law360 reports .
“ We believe any bankruptcy based on this solicitation and vote will be found fraudulent and filed in bad faith under the Bankruptcy Code ,” Andy Birchfield of Beasley Allen reportedly told Law360 . “ On behalf of our clients who deserve better , we are blowing the whistle on this cynical legal tactic and will resist it at every turn .”
Johnson & Johnson agreed to pay $ 700 million in January to settle investigations from 42 states and the District of Columbia into whether the company misled customers with the marketing of its talc products .
Biden admin announces plans to reclassify marijuana as a lower-risk substance
On Tuesday , April 30 , the Biden administration announced a marijuana reclassify proposal to reschedule the drug as a Schedule III substance , CNN reports .
This Biden marijuana proposal is an important move and recognizes the medical benefits posed by marijuana . The Schedule III marijuana reclassify plan will also have significant implications for the cannabis industry .
Xochitl Hinojosa , director of public affairs for the U . S . Department of Justice , said Attorney General Merrick Garland circulated the proposal to move marijuana from Schedule I to Schedule