Key Players: Plaintiff Kelly Ager was represented by Kimberly A. Slaven-Hauth and Jordan A. Shaw. Defendants were represented by Barbara Fernandez of Hinshaw & Culbertson LLP. Law360 For comprehensive coverage and further details, please refer to the original article authored by Carolina Bolado on Law360.com. READ THE FULL ARTICLE HERE The post Quest Diagnostics Settles Billing Practices Suit first appeared on Zebersky Payne Shaw Lewenz. The post Quest Diagnostics Settles Billing Practices Suit appeared first on Zebersky Payne Shaw Lewenz ..read more

In Drazen v. GoDaddy, the plaintiff alleged that GoDaddy violated the Telephone Consumer Protection Act (“TCPA”) by sending a single automated telemarketing text message. In 2019, the Eleventh Circuit in Salcedo v Hanna, 936 F.3d 1162 (11th Cir. 2019), held that the “receipt of a single text message” is not a concrete injury sufficient to confer standing under Article III of the United States Constitution.  In a surprising turn, the Drazen Court receded from its opinion in Salcedo and held that a single unwanted text message is, in-fact, sufficient to support Article III standing. In it ..read more

The US Food and Drug Administration (FDA) today reclassified surgical mesh for trans-vaginal repair of pelvic organ prolapse (POP) from a moderate-risk device (class ll) to a high-risk one (class lll) and gave manufacturers 30 months to prove that their products are safe and effective, the agency announced. First proposed in April 2014, the regulations top off FDA warnings in 2008 and 2011 about the risk for severe pelvic pain, infection, painful intercourse, bleeding, organ perforation, and urinary problems with the use of the mesh. A tsunami of lawsuits triggered by those warnings promp ..read more

Zebersky Payne Shaw Lewenz, LLP is pleased to announce that 2 lawyers have been included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “For more than 40 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions,” said Best Lawyers CEO Phillip Greer. “It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawye ..read more

The Zebersky Payne Shaw Lewenz Class Action Team has filed a national class action lawsuit against the National Association of Boards of Pharmacy (NABP) after it issued false failing NAPLEX scores for the second year in a row. The 25-page lawsuit alleges that students who spent years studying to receive their doctor of pharmacy degrees received “some of the worst news they would ever receive” when NABP wrongly told them that they had failed the NAPLEX, when in reality, they had passed. The NAPLEX is the culmination of the academic careers of those who have received a doctor of pharmacy degre ..read more

Fiat Chrysler made certain Jeep and Dodge Ram models with fuel pumps that may fail early, despite making representations about durability, a proposed class action in Michigan federal court contends. Sherman Fielding III of Florida said Friday that he bought a new 2021 Jeep Wrangler for about $88,300, only to be notified of the defect from a rideshare application after the Wrangler failed a safety inspection.   The high-pressure fuel pump at issue might introduce “internally failed component debris” into the fuel system, potentially causing what is called fuel starvation — which ma ..read more

Looking for a way to reduce their carbon emissions while still purchasing an affordable vehicle, many consumers turned to Volkswagen turbocharged direct injection (TDI) cars. However, on September 18 of this year, the Environmental Protection Agency (EPA) released a report detailing that, since 2009, Volkswagen had been installing illegal software in its vehicles that affected their emission readings during tests. Why wasn’t the Volkswagen diesel scam discovered sooner? Simply because no one ever suspected any wrongdoing. However, it was a huge risk for VW to take. The scandal has led to a Vol ..read more

A Delaware court has reduced a recent 100 million (25 million compensatory damages and 75 million punitive damages) verdict against Boston Scientific relating to its class action lawsuit with their trans-vaginal mesh product to 10 million (2.5 million in compensatory damages and 7.5 in punitive damages). In doing so the court maintained the ration between compensatory and punitive damages, but just reduced them by a power of 10. In reducing the verdict the court found that the original verdict amount was ” sufficiently out of proportion to the injury so as to shock the court’s conscience and ..read more