Case Investigations

“Never Kink” and “Kink-Free” Garden Hoses – False Claims Class Action Investigation

Home > Case Status > Case Investigations

Chimicles & Tikellis is investigating a potential class action lawsuit against the makers of garden hoses advertised as “never kinking” and/or “kink-free.”  These makers may include Apex, Craftsman, Teraflex, Ace Hardware, and Gilmour. Some consumers have complained that these “kink-free” hoses still kink regardless of the manufacturers claims and lifetime guarantees.  Some consumers have paid a premium price, above that of standard hoses, for the promise of “never kinking” and “kink-free” garden hoses only to later be disappointed with the product.

If you or someone you know has purchased a garden hose with advertising claims of “never kinking” or “kink-free,” please use the “Email us about this Case” button to contact the following attorneys.

Employers Requiring Facebook Passwords

Home > Case Status > Case Investigations

Chimicles & Tikellis is investigating a potential class action on behalf of individuals who have been required to provide their social media login and password information to prospective employers during job interviews or on job applications.  It has been reported that numerous large employers have a policy requiring job applicants to provide their Facebook login and password information.  If you or someone you know has been required to provide this information to prospective employers, please use the “Email us about this Case” button to contact the following attorneys.

Internal Subscription Protection Service – Unauthorized Charge for Magazine Subscription

Home > Case Status > Case Investigations

C&T is investigating a potential class action lawsuit against certain companies, including Internal Subscription Protection Service, for automatically debiting and charging individuals bank accounts and/or credit cards for magazine subscriptions, often times without a person’s authority or knowledge.  If you have experienced an unauthorized charge for a magazine subscription then please contact us.

Empire State Realty Trust

Home > Case Status > Case Investigations

If you are an investor or “Participant” in one of the following Limited Liability Companies (“LLCs”), your rights and investment may be impacted by the recent announcement of the consolidation of the LLCs into Empire State Realty Trust, Inc., a new public REIT:

  1. Empire State Building Associates L.L.C.;
  2. 60 East 42nd St. Associates L.L.C;
  3. 250 West 5th St. Associates L.L.C.;
  4. Marlboro Building Associates, L.L.C.;
  5. 1350 Broadway Associates L.L.C.;
  6. 112 West 34th Street Associates L.L.C.; and
  7. 1400 Broadway Associates L.L.C

These LLCs were initially formed between 1953 and 1969 for the purpose of acquiring and operating certain real property, including the Empire State Building.  Anthony E. Malkin, Peter L. Malkin, and Malkin Holdings L.L.C. (the LLCs’ supervisor) together with other Malkin affiliates have proposed to convert the equity interests owned by the Participants in the LLCs into cash or interests in the REIT through a “roll up” transaction.

If you are a Participant in one of the above listed LLCs and would like to discuss your options, please contact Kimberly Donaldson Smith, 361 West Lancaster Avenue, Haverford, PA 19041 Phone: 610-642-8500, kimdonaldson@chimicles.com

Tesla Motors Roadster – Battery Failure and Repair: “Brick”

Home > Case Status > Case Investigations

Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of Tesla Roadster vehicle owners and lessees.  These electric vehicles may suffer from a design defect in which they become immobile and cannot be started, pushed, or towed when the battery becomes completely discharged.  A Tesla vehicle in this condition has also been referred to as a “brick”.  Vehicle owners and lessees may experience a complete discharge of the battery when simply leaving the vehicle at the airport or other storage-like facility without access to charge the vehicle.

Some owners and lessees may have been required to undergo costly repairs of the battery and related items due to this potential design defect. If you have experienced any of the above problems with your Tesla Roadster please contact the attorneys below.

 

Homeowner’s Insurance – Forced-Placed Insurance and Lender-Placed Insurance Policies

Home > Case Status > Case Investigations

Chimicles & Tikellis is currently investigating mortgage companies and banks regarding alleged abuses of forced-placed insurance (also known as lender placed insurance).  Normally, mortgage agreements include a promise to maintain a homeowner’s insurance policy on the property being mortgaged.  Many people don’t realize that if they allow a homeowner’s insurance to lapse, banks and other lenders can legally re-insure the mortgaged property by obtaining homeowner’s insurance to replace the lapsed policy and forcing the homebuyer to pay for it.

A lapse in coverage can occur for a variety of reasons, including the failure of mortgage servicers to pay for homeowner’s insurance out of funds already placed in escrow by the homebuyer.  When this occurs, it may result in the mortgage servicer imposing whatever homeowner’s insurance it so chooses, usually at a substantial increase in cost to the homeowner over the previous policy.  In addition to being more expensive than a policy most homeowner’s could purchase independently, lender forced insurance policies almost always offer the homeowner less protection, usually just insuring the amount of the loan rather than the value of the home.  The increased cost of forced-placed insurance also adds to the homeowner’s debt obligation and can result in an increase in monthly payments.

If you were subjected to force-placed insurance please contact the attorneys listed below:

Background Checks – Class Action Investigation

Home > Case Status > Case Investigations

When an employer uses consumer reports to evaluate its employees or employment applicants, the Fair Credit Reporting Act (FCRA) places three different obligations on the employer.

  • The employer must disclose to the employee or employment applicant, in a document consisting solely of the disclosure, that a consumer report may be obtained about the individual for employment purposes.
  • The employer must obtain the employee’s or employment applicant’s written authorization to obtain the report.
  • If the employer intends to take adverse action based in whole or in part on a consumer report, then it must first provide the employee or employment applicant a copy of the consumer report and a summary of their rights under the FCRA, as published by the Federal Trade Commission (“FTC”).

Under the FCRA, the definition of “consumer report” includes a criminal background check used for employment purposes, and the definition of “adverse action” includes “a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee.”

If you believe your rights may have been violated due to an improper or inaccurate background check, please contact the attorneys below.

Kodak Employee Retirement Plans

Home > Case Status > Case Investigations

If you are a current or former Kodak employee, or are a member of the Eastman Kodak Employees’ investment plan or profit sharing retirement plan, you may be entitled to compensation for losses in your Kodak retirement fund.  If you purchased or held Kodak stock in one of these plans at any time from January 1, 2010 thru January 19, 2012, you may have a claim in a possible Kodak class action lawsuit against Kodak.

As background, Employee Retirement Income Security Act (ERISA) is a federal law that sets minimum standards for pension and health plans set up by private businesses. ERISA was designed to protect people who participate in employee benefit plans, including employees with stock options in a company. Stock options are a form of compensation in which employees are given the opportunity to purchase shares of the company stock at a certain price.

Under ERISA, Kodak employees can file a lawsuit against the company for putting stock options at risk. Kodak employees have a claim if they can prove their employer violated its “fiduciary duty” to its employees. A “fiduciary” is a person or company that exercises discretion over the management of plan assets or exercises discretionary control over the administration of the plan.  A “fiduciary duty” refers to a fiduciary’s responsibility to the people who invest in it. For example, if an employer puts the company’s interest ahead of the investors’, it has broken its fiduciary duty to investors.

If you have experienced losses in your Kodak retirement plan, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit seeking to recover such losses. Please contact the attorneys below if you participated in a Kodak Employees’ investment plan or profit sharing retirement plan at any time from January 1, 2010 thru January 19, 2012.

Spectre Performance Air Filters

Home > Case Status > Case Investigations

Chimicles & Tikellis is investigating a potential class action lawsuit against Spectre Performance on behalf of consumers who purchased automotive air filters under the guise that these products would increase fuel economy and vehicle performance. In December 2011, a federal court found that Spectre misrepresented the benefits of its air filter products. If you or someone you know purchased a Spectre Performance air filter, please contact me.

Suzuki XL-7 Engine Oil Sludge – Class Action Investigation

Home > Case Status > Case Investigations

Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of owners and lessees of Suzuki XL-7 vehicles. These Suzuki vehicles may suffer from a design defect causing the vehicle’s engine to accumulate oil sludge within the internal engine components and oiling system. When this occurs, the vehicle may unexpectedly “cut-out” during normal driving. Additionally, some individuals have reported having to replace their entire engine as a result of the oil sludge problem.

If you have experienced engine oil sludge in your Suzuki vehicle, please click on the “Email us about this Case” tab to contact the attorneys below.