Depakote Qui Tam Lawsuit Likely to Settle for $1.5 billion
Halunen & Associates attorney Susan Coler represents one of the relators who alleged illegal sales of the anti-seizure drug Depakote in a qui tam lawsuit filed by the government against Abbott Laboratories. Abbott has recently announced that it was reserving $1.5 billion to cover costs of the potential settlement of this lawsuit, which includes both civil and criminal claims. Coler represents a former Abbott pharmaceutical representative who alleged off-label and misleading sales as well as kickbacks. The government lawsuit consolidates claims filed by several relators. Under the False Claims Act, the relators receive a percentage of the government's civil recovery ranging from 15-25%. Recent media reports indicate that a settlement may be announced as early as December and the case is likely to be one of the three largest pharmaceutical settlements in U.S. history.
Cracking GAF Shingles
Halunen & Associates is investigating an issue with GAF shingles manufactured after 1997 that causes the shingles to prematurely crack. If you own a home with GAF shingles that were installed after 1997 and the shingles are cracking, contact our office for a free consultation.
Clayton Halunen Speaks to ABA Regarding Employee Misclassification
Clayton Halunen recently participated in an ABA panel regarding employee misclassification. As a panelist, Clayton cautioned employers, "Once the IRS gets involved, their audit procedure is very intense. FedEx was under investigation for years." He added, "The single greatest potential liability to any company that misclassifies independent contractors is the state and federal tax obligations that may result." Read the full story here: Employee misclassification can lead to big penalties for employers
Halunen Expertise Regarding Employee Misclassification featured in Business Journal
Clayton Halunen was recently featured in the Minneapolis-St. Paul Business Journal. The Business Journal interviewed Clayton for a feature article on growing concerns regarding employee misclassification. Read the full article here: Employee Misclassification is a Growing, High-Stakes Issue.
James Hardie Fiber-Cement Siding Lawsuit
Halunen & Associates filed a class action lawsuit on behalf of a homeowner whose home was built with James Hardie fiber-cement siding. The lawsuit alleges that some James Hardie fiber-cement siding contains at least one defect that causes paint to peel off of the boards and causes the boards to shrink and crack. The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. The lawsuit seeks monetary compensation, on behalf of the plaintiff and other James Hardie fiber-cement siding owners, to replace allegedly defective siding as well as a court order requiring James Hardie to honor its warranty obligations.
Download a Copy of the Complaint
Please contact our office if you have James Hardie fiber-cement siding or would like more information about this lawsuit.
Jury Awards $361,000 to Worker Fired for Filing Workers' Compensation Claim
A Hennepin County jury today found that G&K Services retaliated against truck driver James Dubiel for making a Workers Compensation claim. Dubiel was injured on the job when a car lost control and sideswiped his delivery truck. Dubiel filed a report of injury and G&K then fired him, claiming that he had not provided truthful information in a preemployment physical.
The jury found that Mr. Dubiel's filing of a Workers' Compensation claim was a motivating factor in G&K's decision to terminate him and awarded Dubiel $111,000 for lost wages and emotional distress, as well as $250,000 in punitive damages.
Dubiel's attorney Michelle Dye Neumann from Halunen & Associates remarked: "James Dubiel loved his job. This made his termination particularly painful, to say nothing of the difficulty of finding work in this economy. This verdict lets employers know that the laws mean what they say. Employees who are injured on the job cannot be fired because they report an injury and seek the compensation due to them under the law."
Halunen & Associates is a Minneapolis law firm that exclusively represents employees and consumers in individual and class actions. Further information about the firm is available at www.halunenlaw.com
LivingSocial Gift Certificate Expiration Dates
Federal law prohibits a retailer from selling a gift certificate with an expiration date that is less than five years from that date of sale. Halunen & Associates is investigating whether LivingSocial has violated the law by selling gift certificates online that contain expiration dates shorter than 5 years from the date of sale.
In the past several years, LivingSocial has sold thousands of gift certificates that purport to expire in a matter of months. Under many state laws and under federal law, companies cannot sell gift certificates subject to an expiration date or service fee of any kind. The investigation may result in a lawsuit that seeks to recover the money customers lost as a result of LivingSocial's alleged illegal conduct, money for the expected value of the gift certificates they purchased, and prevent LivingSocial and its retail partners from selling gift certificates will illegal expiration dates.
If you have purchased a LivingSocial gift certificate that expired before you can use it, please contact us.
Total Blueberry and Pomegranate Investigation
Food and Health Deception - Blueberries
Food investigators are saying that there are no real blueberries in many foods that claim to have that ingredient. If you have purchased Total Blueberry and Pomegranate cereal or similar products claiming to have blueberries and want to know your rights, please
contact us.
Other products that claim to have blueberries, but in fact do not, are:
- Target Blueberry Bagels
- Total Blueberry Pomegranate Cereal
- Kellogg's Blueberry Pop Tarts
- Kellogg's Frosted Mini Wheats - Blueberry Muffin Cereal
- Special K Blueberry Fruit Crisps
- Betty Crocker's Fiber One Blueberry Muffin Mix
Unauthorized Mobile Phone Text Messages
Halunen & Associates is investigating businesses that send unwanted text ads to cell phones. This kind of marketing may violate federal law.
If you are a cell phone owner who has received unauthorized cell phone text ads [and would like to know your rights], please contact us or call toll-free 800-522-7967
CertainTeed WeatherBoards Siding Lawsuit
Halunen & Associates has filed a class action lawsuit CertainTeed Corporation on behalf of their client Monique Orieux. The lawsuit alleges that CertainTeed's WeatherBoards fiber cement siding have a defective design that causes the siding to crack, warp, discolor, shrink, and in some cases fall off the building. The lawsuit seeks monetary compensation, on behalf of Ms. Orieux and other WeatherBoards siding owners, to replace allegedly defective CertainTeed WeatherBoards siding as well as a court order requiring CertainTeed to honor its warranty obligations.
More information is available at www.certainteedsidinglawsuit.com. You can submit your contact information at the website.
