On February 28, 2011, the California Supreme Court reinstated claims on behalf of California consumers who purchased the cholesterol drug marketed under the name Baycol. The drug was marketed by Bayer Corporation from 1997 until 2001, when it withdrew Baycol from the market after data showing that the drug may be linked to serious muscle debilitating illnesses like Rhabdomyolysis, possibly leading to death. Any California resident who purchased Baycol should contact Green & Noblin, P.C. to discuss their rights in the matter. Find out more about the case by clicking here, and find the Court’s opinion by clicking here.

Representative cases and areas of investigation include:

Consumer Protection

Balance Billing by Healthcare Providers - Green & Noblin, P.C. is investigating insureds' complaints of a practice known as "balance billing." Balance billing occurs when an insured's healthcare provider (e.g., doctor or hospital) bills the insured for the difference between the amount reimbursed by the insured's insurance company and the health care provider's actual charge.

Typically, balance billing occurs when an insured receives emergency medical services from an out-of-network or non-preferred provider or facility. For example, in a typical emergency, a patient goes to the nearest hospital emergency room for treatment, regardless of the in-network or out-of-network status of the attending medical personnel or facility. Indeed, some emergency situations are so dire that it is impossible for a patient to seek out an in-network emergency room staffed by in-network medical personnel. In such circumstances, the insurer may reimburse the out-of-network medical provider or facility according to the insurance plan's out-of-network rates, which are typically less than the amount of the medical provider's or facilities actual charge. The medical provider or facility then bills the patient for that portion of charge not reimbursed by the insurance company.

Another example of balance billing is where a patient receives emergency medical services from an in-network or preferred provider or facility. Here, the patient receives a bill from the emergency room or doctor in excess of her normal co-payment. Due to its in-network or preferred status, the emergency room or doctor contracted to accept a certain amount from the insurer as payment in full, such rate being less than the medical provider's actual charge. However, balance billing occurs when the medical provider nevertheless bills the patient directly to recover the costs in excess of its negotiated fee.

In California, either of these instances of balance billing may be unlawful. Recently, Green & Noblin, P.C. filed a class action complaint pertaining to some of these issues against Group Hospitalization and Medical Services, Inc. d/b/a CareFirst BlueCross Blue Shield and Emergency Physicians Associates Medical Group. You can view the complaint by clicking here. To view the order denying the motion to dismiss click here. If you think you may have been improperly billed for the balance of emergency medical services rendered, please contact us by clicking here.

Sales of "GT'S Kombucha" and "Synergy" Drinks - Green & Noblin, P.C. served notice of a violation of the Safe Drinking Water and Toxic Enforcement Act (also known as Proposition 65) on Millennium Products, Inc., the manufacturer of the drinks "GT's Kombucha" and "Synergy," as well as two retail chains where they were sold: Whole Foods and Walgreens. The notice alleges that the label on the drinks stated they might contain "a trace amount of alcohol (less than 0.5%)" while, in fact, the drinks contain significantly more, as much as 4% alcohol. An independent laboratory tested samples of the drinks purchased at a Walgreens store to confirm that the level of alcohol significantly exceeded the amount stated on the labels. Under Proposition 65, any company knowingly selling a product containing more than 0.5% alcohol must provide a clear warning to that effect on the product's label.

LegalZoom.com, Inc. A class action complaint has been filed by Green & Noblin, P.C. on behalf of all persons and entities that purchased legal documents and services from LegalZoom.com, Inc. Under California law, contracts to do business as a legal document assistant require a specific form in order to protect the public. This contract between the legal document assistant and the client must include specific language including attorney fees, the right to rescind the contract, and methods of reporting the unauthorized practice of law. This lawsuit is regarding Plaintiff’s belief that LegalZoom.com, acting as a legal document assistant, has violated the Business and Professions Code of California. If you have information concerning LegalZoom.com, Inc.’s practices, or you want to inquire about your own rights, please contact us by clicking here.

HP's Notebook Computers Green & Noblin, P.C. obtained a favorable ruling on September 26, 2008 from the California Court of Appeal for the Sixth Appellate District, allowing a class action to move forward against Hewlett-Packard Company.Learn more

DirecTV & Best Buy -Green & Noblin, P.C. filed a class action lawsuit against DirecTV and Best Buy for failure to adequately disclose that they consider consumer "purchases" of DirecTV hardware and equipment to be "leased" and therefore owned at all times by DirecTV-eventually to be returned to DirecTV. Green & Noblin, P.C. is also investigating DirecTV's practice of charging consumers substantial "early termination fees" in connection with its "lease terms," which consumers do not see until after they have purchased and activated their DirecTV equipment. Additionally, Green & Noblin, P.C. is investigating allegations that some DirecTV subscribers have been billed a monthly service charge of $5.99 for DirecTV's "Protection Plan" despite the fact that they never signed up for this service. Green & Noblin, P.C.'s investigation of the administration of the "Protection Plan" also includes allegations that subscribers are assessed a $10 administrative fee if they cancel the Plan within the 1-year Plan term, despite never having enrolled in the Plan. If you purchased DirecTV equipment and have had any of these experiences relating to the assessment of "early termination fees" or unauthorized charges related to the "Protection Plan," please contact us by clicking here.

RCI Weeks Program - Green & Noblin, P.C. named Co-Lead Counsel for a potential class of 2.7 million members of the RCI Weeks Program; a time share exchange service that is alleged to skim the most desirable vacation weeks out of the exchange pool in order to profit from renting those weeks to general public. Learn more

Firm Supports Consumer Agencies with Settlement Funds - Settlement means Millions for Consumer Advocacy. Re-printed from Consumer Action News (Fall 2004).  Learn more

Hawaiian Airlines: Second Checked Bag Fees - Green & Noblin, P.C. is investigating complaints of Hawaiian Airlines allegedly improper assessment of second checked bag fees on passengers who purchased tickets before the airline's new checked baggage policy went into effect. To learn more about the investigation, click here

CVS Caremark’s Unfair and Deceptive Business Practices – Green & Noblin, P.C. with local counsel filed a class action complaint on January 3, 2011 alleging that CVS Caremark uses patient information obtained in the process of filling or managing prescriptions for purposes beyond merely processing prescription claims. Further, CVS uses Patient information for its own financial gain by creating disincentives for patients to use a pharmacy of his or her own choice. These unfair and deceptive actions are alleged to be in violation of privacy practices and the North Carolina Pharmacy of Choice Act. One example of these violations is that the program appears to require patients to fill their prescriptions only at CVS Caremark owned pharmacies or otherwise be denied coverage. These practices appear to be carried out nationwide, so independent pharmacists in other states should contact us to determine their rights in their home state. To read a recent press release regarding this case click here If this has happened to you, please contact us by clicking here.

Defective Product

Hyundai Elantra Airbags - Green & Noblin, P.C. is investigating defective airbag systems in Hyundai Elantras, model years 2003 through 2007. The National Highway Traffic Safety Administration (NHTSA) recently recalled certain 2001-2002 Hyundai Elantras after investigating consumer complaints that airbags in those vehicles failed to deploy during a crash, or inadvertently deployed without being triggered, or that the airbag malfunction indicators were lit up. NHTSA's investigation revealed that the problems were caused by a design defect negatively affecting the airbag wiring system. Green & Noblin, P.C. believes that similar design flaws exist in model year 2003-2007 Hyundai Elantras. If you have a 2003-2007 Hyundai Elantra and you have experienced any of the above problems, or if you have had to replace or repair any part of your airbag system and that replacement or repair was not covered by a warranty, please contact us by clicking here.

Ford Explorers - Notice to settlement class members began January 14, 2008. If you are a consumer in California, Connecticut, Illinois or Texas who bought, owned or leased a 1991 - 2001 model year Ford Explorer, click here

AUDI TT Instrument Cluster Settlement – Court granted approval of a nationwide settlement for Audi TTs (model years 2000 - 2004, and certain 2005 models) alleged to have defective instrument clusters. The settlement provides three types of relief to class members, including a 2 year extension of the existing warranty, free repairs or replacements of defective instrument clusters, and full reimbursement of qualified, out pocket expenses incurred for instrument cluster repairs or replacements. For more detail Click Here

HP Pavilion Notebooks sold in 2001 and 2001 - A class action lawsuit was filed against Hewlett-Packard Company (HP) alleging that some HP Pavilion notebooks sold in 2001 and 2002 contain TDK or Ambit inverters that were defective. The court has approved this lawsuit as a class action and your rights may be affected if you own or owned one of the affected computers. Click here for more information

 HP Pavilion Settlement - Court granted approval of a settlement for certain HP Pavilion notebooks alleged to have defective power plugs and graphics cards. The settlement provides repairs, cash reimbursement for out of pocket repair expenses, and/or discount coupons. For more details, Click Here

Hyundai Tiburon Clutch - Green & Noblin, P.C. filed a nationwide class action in Orange County, California on behalf of all persons who purchased or leased a 2003 GT Coupe Hyundai Tiburon with a 2.7 liter engine. Recently, Hyundai has agreed to a settlement. Learn More About the Settlement

Baycol Fatalities - This widely-used cholesterol lowering drug manufactured by Bayer is alleged to cause dangerous side effects, including fatal rhabdomyolysis, a condition typified by muscle cell breakdown. Bayer has now withdrawn Baycol from the U.S. market.  Learn more

Telecommunications

NOS Communications and Its Complicated Tariff - This nationwide MDL action on behalf of consumers alleges that NOS deceives customers through its complicated and misleading tariff.  Learn more

 

Antitrust

CRT (Cathode Ray Tube Product) - Class action lawsuits have been filed in the United States District Court on behalf of persons or entities who purchased Cathode Ray Tube Products (CRT) indirectly from the world's leading CRT manufacturers, including LG Philips, Samsung, Toshiba, Hitachi, Panasonic, MT Picture Display, Beijing-Matsushita Color CRT Co., Tatung Company of America, Chunghwa Picture Tubes, IRICO Group Corp., Thai CRT Company, and Samtel Color, Ltd. Plaintiffs allege that, in violation of federal and state antitrust and state consumer protection laws, Defendants conspired to fix, raise, maintain or stabilize prices of CRT Products, such as Televisions and Computer Monitors, resulting in overcharges to consumers. The pending lawsuits are in the District Court for the Northern District of California and is captioned In re Cathode Ray Tube (CRT) Antitrust Litigation, MDL No. 1917. For additional information, please click here. If you purchased a CRT Product between March 1, 1995 and November 25, 2007, please contact us by clicking here.

Refrigerant Compressors -Green & Noblin, P.C. is investigating possible antitrust violations in the multibillion-dollar refrigeration compressor industry as the result of media reports of coordinated antitrust investigations by the U.S. Department of Justice, the European Commission, and Brazilian Authorities. The investigations concern possible antitrust violations relating to the pricing and sale of refrigerant compressors by manufacturers including Whirlpool Corp., Embraco North America, Inc., Tecumseh Products, Panasonic Corp. of North America, Danfoss, Inc., and ACC USA LLC. Learn more.

Liquid Crystal Displays - In February 2007, Green & Noblin, P.C. filed a class action lawsuit in United States District Court on behalf of persons or entities who purchased Liquid Crystal Displays ("LCD") indirectly from the world’s leading LCD manufacturers, including: LG Philips, Samsung, Sharp Electronics, Toshiba, Hitachi, Sanyo Epson, NEC, IDT, AU Optronics, Chi Mei Optronics, Chunghwa Picture Tubes, and Hannstar Display. Plaintiffs allege that, in violation of federal and state antitrust and state consumer protection laws, Defendants colluded among themselves and certain co-conspirators to fix the price of LCDs sold in the United States at supracompetitive prices. As a result of this allegedly unlawful conduct, Plaintiffs allege they paid artificially high prices for LCDs. Currently pending in the District Court for the Northern District of California, this lawsuit was coordinated for pre-trial proceedings with a number of related actions and is captioned In re TFT-LCD (Flat Panel) Antitrust Litigation, MDL No. 1827.

Price Fixing by United Airlines, British Airways and Virgin Atlantic - On August 8, 2006, Green & Noblin, P.C. filed an antitrust class action against United Airlines, Inc.; British Airways, PLC; and Virgin Atlantic Airways Limited seeking damages on behalf of all individuals victimized by price fixing on air passenger tickets for international flights, such as trips between London’s Heathrow Airport and U.S. airports such as San Francisco International, Los Angeles International, New York’s LaGuardia International or Chicago’s O’Hare International. The complaint alleges that starting in 2004, the airlines conspired to set and artificially raise certain fees such as surcharges for fuel. Learn more

Del Monte's Allegedly Anti-competitive Conduct - Green & Noblin, P.C. filed a class action suit on behalf of California residents who purchased "Del Monte Gold" or "Del Monte Extra Sweet" pineapples at any time from March 1, 1996 to May 6, 2003. The complaint alleges that purchasers paid supracompetitive prices for whole extra-sweet pineapples as a result of Fresh Del Monte Produce, Inc.'s anticompetitive conduct. (Fresh Del Monte Produce, Inc. is not to be confused with Del Monte Food Company, with which it has no affiliation). Learn more
To see a copy of the federal Court's opinion and order remanding this case to the California Superior Court, click here.

Are you a buyer of computer memory - Nearly every computer uses some form of "DRAM" (Dynamic Random Access Memory.) If you purchased a computer, or you increased the memory in your computer, or you work for a company that buys and uses DRAM, you may have been impacted by price increases in computer memory during the time period from December 1, 2001 through May 31, 2002. The Justice Department is investigating price fixing and on August 2, 2002, Green & Noblin, P.C. filed a lawsuit alleging violation of California's antitrust laws. Learn more

Financial Services

U.S. Bank's Failure to Remedy Known Data Breaches – Green & Noblin, P.C. filed a class action complaint on November 4, 2010 alleging that U.S. Bank’s failure to remedy known data breaches allowed compromised card accounts to remain active causing Plaintiff, and all those similarly situated, losses that could have otherwise been avoided. The credit card accounts that were allowed to remain active by U.S. Bank caused Plaintiff to unknowingly allow fraudulent charges which resulted in chargebacks that U.S. Bank collected against the account of the Plaintiff. To read a recent story regarding this case click here. If this has happened to you, please contact us by clicking here.

American Express Costco Rewards TrueEarnings Rebate Program - Green & Noblin, P.C. is investigating claims that consumers signed up for a credit card called The TrueEarnings card from American Express and Costco which was supposed to provide yearly cash rebates but in many cases never did. It is alleged by some TrueEarnings card holders, past and present, that American Express canceled credit card holder's accounts very close to the date when the cash rebate would have been rewarded. After the account was canceled, American Express withheld the yearly cash rebates that were due to the card holders. These rebates were often hundreds of dollars. These practices may be illegal and in violation of consumer protection statutes If you are or were a TrueEarnings American Express card holder and you believe you were wrongfully denied your cash rebate because your card was canceled just before you were to receive your cash rebate, please contact us by clicking here.

Chase Bank's "Blank Check" Loans - Chase Bank added a $10 service charge to many of its credit card accounts according to a notice it sent out in November 2008. This appears to be a breach of the agreement by Chase to honor low APRs of 2.99% or 3.99% on promotional offers for balance transfers and check loans. Chase credit card class actions on these monthly fees should be filed. If this has happened to you, please contact us. For more information, Click here

Countrywide Mortgage Soft Prepayment Penalty - We are investigating complaints from borrowers that Countrywide improperly assessed what is know as a "soft" prepayment penalty to homeowners who recently sold their homes. A "soft" prepayment clause allows a lender to assess a penalty if the mortgage is refinanced, but not if the property is sold. If you sold your home, Countrywide may have improperly assessed you a prepayment penalty when none was owing. Prepayment penalties for home sales like yours can range from $10,000, $15,000, $25,000 or more. For more information about "soft" prepayment penalties and what it may look like in your home sale documents, Click here


Webloyalty.com: Unauthorized Credit Card Charges   - Webloyalty.com agreed to a settlement. Notice is being disseminated. Green & Noblin, P.C. prosecuted actions regarding the business practices of Webloyalty.com in relation to its Reservation Rewards program. Many consumers were charged by Webloyalty.com for membership in a program known as Reservation Rewards that they did not join. Learn more

Bank of America - Green & Noblin, P.C. brought an action against Bank of America on behalf of all Bank of America credit cardholders alleging that the bank's practices violate the Truth in Lending Act and other consumer protection statutes. The lawsuit primarily obtained equitable relief in the form of an injunction stopping the bank's practices. Learn more

BankAtlantic - Green & Noblin, P.C. filed an action against BankAtlantic on behalf of BankAtlantic check cardholders alleging that the bank's practices violate the terms of its personal account depositor's agreement and disclosure statements. The lawsuit focuses on transactions with the check card that were processed and paid at a time when there were sufficient funds available in check card holders' accounts; however, the bank falsely treated the accounts as if those items were paid after a hold was placed on the account creating an overdraft charge (or multiple charges). If you are or were a BankAtlantic check card holder and would like to provide Green & Noblin, P.C. with more information regarding these practices. Click here

Securities

Textainer -Limited Partnership claims settled for $10 million after Green & Noblin, P.C. was successful in Phase 1 of the trial. Learn more

SSB Analyst Cases - Green & Noblin, P.C. served as co-lead counsel on behalf of XO Communications, Inc. shareholders against Salomon Smith Barney and its former telecommunications research analyst, Jack Grubman, in connection with their reports touting the investment merits of XO common stock even as XO slid toward bankruptcy. Learn more