A lawsuit alleges Equinox violated consumer protection laws and breached membership agreements by not refunding dues when the company closed its clubs during the pandemic. Read more. The post Sommers Schwartz Files Class Action Suit Over Equinox’s Failure to Honor Fitness Membership Agreements first appeared on Sommers Schwartz ..read more

A Missouri jury returned a $495 million verdict in one of the first baby formula lawsuits to go to trial. Illinois resident Margo Gill sued Abbott Laboratories (the producer of Similac products), alleging that the company failed to warn hospitals and parents that its formula could cause a potentially deadly disease in premature babies. Gill’s… The post Plaintiff Wins $495 Million in Missouri Enfamil/Similac Baby Formula Trial first appeared on Sommers Schwartz ..read more

A new class action alleges that USAA and its subsidiaries engaged in a systematic practice of underpaying certain attendant care benefits. Read more. The post Class Action Accuses USAA of Failing to Include Overtime Pay for Family-Provided and Non-Agency Attendant Care Benefits  first appeared on Sommers Schwartz ..read more

A consortium of Detroit-area law firms, including Sommers Schwartz, is pursuing millions of dollars for homeowners forced to relinquish their properties in tax foreclosure proceedings. The post Class Action Lawsuit Demands That Wayne County Pay More Than $120 Million in Surplus Profits to Residents Who Lost Their Homes Through Tax Foreclosure   first appeared on Sommers Schwartz ..read more

The Michigan Court of Claims found it premature to absolve the Department of Environment, Great Lakes, and Energy of liability for the Edenville and Sanford dam failures before further discovery. Read more. The post Plaintiffs Score a Procedural Victory Against the State of Michigan in Catastrophic Dam Failure Lawsuit first appeared on Sommers Schwartz ..read more

Approximately 100 mortgage brokers working with United Wholesale Mortgage (UWM) received a shocking video email on March 12, 2020. In the message, UWM Executive Vice President Allen Beydoun told them that UWM was implementing a 12-month early payoff policy for all loans closed in their name within the preceding year. In effect, the company was seizing the brokers’ earned commissions.  Through this correspondence, UWM unilaterally changed the brokers’ contracts with the company, increased the commission vesting period from six months to one year, and de-vested them of mortgage commissions ..read more

In 2021, Sommers Schwartz attorneys Matthew Turner and David Black filed a legal malpractice lawsuit for a client whose land was wrongfully taken and incorporated into the 18th hole of Harbor Shores Golf Club, a championship golf course in Benton Harbor. The owner hired law firm Butzel Long to protect its interest in the land, but the property was lost because the attorneys did not do what was necessary to prove that the land was actually owned by their client and not Harbor Shores. After the trial court entered summary judgment in favor of the defendant law firm, Turner and Black prevailed on ..read more

In today’s digital era, where we rely on technologies and apps in nearly every aspect of life, consumers and tech users are routinely forced to accept the terms of long, legalese-filled service contracts before they can access applications and software programs. Terms and conditions are frequently changed, and users must similarly accept modified terms afterthey have become hooked to the apps and before they can continue using the programs that have become enmeshed in their daily lives.  These contracts commonly include mandatory arbitration clauses that require i ..read more

Advances in technology often lead to increased efficiency, greater connectivity, and useful integration and exchange of information. The “Internet of Things” has made everything smart–our phones, our cars, and our homes. Encroachment of technology into our daily routines has been gradual but pervasive, including the workplace and workplace rights. Technology that collects our physiological and physical characteristics can prove useful and even fun for tracking fitness goals, analyzing sleep quality, and learning about our ancestors. But when employers collect and store employees’ biometric dat ..read more

Workers deserve to be paid wages and overtime for performing all tasks required for their jobs, including preparing for the day by putting on required safety gear or personal protective equipment (PPE). Refusing to pay workers for that time may constitute wage theft under the Fair Labor Standards Act (FLSA). That’s the basis for a new class action lawsuit Sommers Schwartz is investigating on behalf of warehouse distribution employees of U.S. Foods, a leading foodservice distributor with approximately 28,000 employees serving some 300,000 restaurants and operators throughout the country. Donnin ..read more