The Trial Lawyer Winter 2022 | Page 93

pressure on the online prices that both Apple and Amazon can charge for Apple products ,” states the Apple class action .
Floyd claims Apple and Amazon were hurt by third-party retailers “ offering steep discounts ” that sometimes exceeded 20 % off the price Apple charged on its own online store .
“ This posed a problem for both Apple and Amazon ,” states the Amazon class action . “ Apple has a history of maintaining high market prices for its products by withholding supplies from resellers that would otherwise undercut Apple ’ s own retail prices .”
Floyd claims that , prior to Apple and Amazon allegedly coming to an agreement to eliminate competition , that it was “ exceedingly rare ” for Amazon to win “ Buy Box ” placement , which is when a seller automatically gets a sale if a buyer clicks “ Buy Now ” or “ Add to Cart .”
“ Studies indicate that more than 90 % of Amazon ’ s sales go through the buy box ,” states the Apple class action .
Floyd wants to represent a nationwide class of persons or entities who have purchased a new iPhone or iPad from the Buy Box on Amazon . com since January 2019 .
Plaintiff is demanding a jury trial and requesting injunctive and declaratory relief along with an award of treble and punitive damages for himself and all class members .
Several class action lawsuits have been filed against Apple so far this year over claims revolving around defective product allegations and anti-competitive practices , among other things .
Chevy Volt class action says battery defect causes vehicles to suddenly stop
General Motors sold model year 2016- 2019 Chevy Volt plug-in hybrid vehicles containing defective battery energy control modules , a new class action lawsuit alleges .
Plaintiff Jason Miller claims the alleged defect causes affected Chevy Volt plug-in hybrid vehicles to either suffer “ a complete loss of propulsion while traveling at interstate speeds or entire failure to start .”
Miller argues that having a functioning battery energy control module is imperative for a plug-in hybrid vehicle such as a 2016-2019 Chevy Volt . The alleged defect , meanwhile , is caused by either “ defective materials or workmanship and / or manufacturing ,” the Chevy Volt battery class action alleges .
“ This manufacturing-related defect , present in Class Vehicles , led directly to ( battery energy control modules ) failure in Class Vehicles and has resulted in Plaintiff and the Class Members suffering actual and compensable damages ,” the Chevy Volt class action states .
Miller wants to represent a nationwide class and Kansas and Pennsylvania subclasses of consumers who have purchased , leased or owned a model year 2016 – 2019 Chevy Volt plugin hybrid vehicle .
Miller accuses General Motors of unjust enrichment , common law fraud and negligence per se , among other things , and of violating the Magnuson- Moss Warranty Act , Kansas Consumer Protection Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Act .
He demands a jury trial and
requests declaratory and injunctive relief along with an award of statutory , compensatory , exemplary and punitive damages for himself and all class members .
A separate Chevy Bolt class action lawsuit filed against General Motors in April argues the company sold certain Chevy Bolt EV and EVU model vehicles that allegedly contain a battery defect .
Cat food class action alleges several brands contain harmful TiO2 , PFAS
The J . M . Smucker Co . misleadingly labels some of its cat food brands as being healthy even though they expose pets to toxic chemicals , according to a class action lawsuit filed Nov . 4 in California federal court .
Plaintiff Robin Humphrey claims that 9Lives , Kibbles ‘ n Bits and Meow Mix cat foods contain titanium dioxide ( TiO2 ), which has reportedly been banned in several nations due to its toxicity .
The cat food class action lawsuit points out that the European Food Safety Authority released a report in 2021 finding TiO2 was not considered safe for consumption by humans or animals .
In addition to the harmful TiO2 allegedly contained in Smucker ’ s cat food products , the packaging allegedly contains per- and polyfluoroalkyl substances ( PFAS ) that also pose health risks .
PFAS , also known as “ forever chemicals ,” tend to accumulate in the body and can therefore be harmful even at low levels , the cat food class action lawsuit claims . These “ forever chemicals ” can reportedly cause various health problems , including cancer , liver damage
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