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Indiana Trial Lawyers Association
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January 22, 2021

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Keebler Fudge Stripe Cookies Face Class Claims Over Fudge Ingredients
Lawsuit: Developer Misled Buyers About Quality of Jersey City Condos
Everett Firefighter Sues Department Over Racial Harassment
Maryland Lawsuit Accuses Deputies of Beating and Tasering Man During Mental Crisis
Plaintiff Files Second Lawsuit Against Los Angeles Over Water Billing Scandal
Recall: Scalpa Numb Topical Anesthetic Cream Poses Poisoning Hazard
Baton Rouge Council Member Proposes $10M Settlement of Alton Sterling Case

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Class Action

Keebler Fudge Stripe Cookies Face Class Claims Over Fudge Ingredients

On January 8, 2021, class claims were filed in the Southern District of New York against the company behind the popular Keebler cookies alleging that the company engaged in false, deceptive and misleading product labels. In the complaint, plaintiff Sharon Pizarro alleges that the defendant promotes its popular Keebler Fudge Stripe shortbread cookies as “made with real Keebler fudge.”
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 01/22/2021

Read Article: Counsel Financial

Laws/Cases

Lawsuit: Developer Misled Buyers About Quality of Jersey City Condos

A lawsuit has been filed against a real estate developer by condominium owners who say they were misled about the size and quality of their waterfront homes in Jersey City, New Jersey. The lawsuit was filed in Hudson County Superior Court on Jan. 15 by seven individuals who purchased condominiums at 99 Hudson. According to the lawsuit, plaintiffs were only given one hour to inspect the homes before closing and were not allowed to bring an inspector. Plaintiffs cite a number of issues with the property including cracks on the ceilings and walls and gaps in the wood flooring. The COA 99 Hudson LLC and China Overseas America, which own and manage the building, are named as defendants.
Ron Zeitlinger, NJ.com 01/21/2021

Read Article: NJ.com

Everett Firefighter Sues Department Over Racial Harassment

The fire department of Everett, Washington, has been hit with a lawsuit filed by a veteran firefighter who alleges he was discriminated against because he is Black. The lawsuit was filed on Jan. 13 in U.S. District Court in Seattle and alleges the plaintiff was subjected to racial discrimination, including comments from coworkers about his race and color. The plaintiff's reports of the harassment went unanswered by the city, according to the complaint. The lawsuit seeks compensatory and punitive damages from the city.
Staff Report, KING 5 Television 01/18/2021

Read Article: KING 5 Television

Maryland Lawsuit Accuses Deputies of Beating and Tasering Man During Mental Crisis

A Maryland man has filed a lawsuit alleging Harford County sheriff's deputies beat him while he was in the middle of a mental crisis. The lawsuit describes an incident in 2018 when the plaintiff was beaten and tasered by deputies after he was brought by his mother to the Harford County Detention Center for help. The lawsuit filed in federal court in Maryland names as defendants the county, the state, and over 30 deputies.
James Whitlow, Baltimore Sun 01/22/2021

Read Article: Baltimore Sun

Plaintiff Files Second Lawsuit Against Los Angeles Over Water Billing Scandal

A new lawsuit has been filed against the city of Los Angeles by a man who was the lead plaintiff in a class action lawsuit filed against the city in 2015 over water billing errors. The new lawsuit alleges a violation of civil rights and waste of taxpayer funds by the city. According to the plaintiff, the city's settlement of his earlier lawsuit over Los Angeles Department of Water and Power billing "was the product of collusion and a fraud on the court." The lawsuit seeks to bar the city from continuing to "cover up their misconduct."
Dakota Smith, LA Times 01/22/2021

Read Article: LA Times

Products

Recall: Scalpa Numb Topical Anesthetic Cream Poses Poisoning Hazard

Scalpa Numb Maximum Strength Topical Anesthetic Cream has been recalled due to a failure to meet child-resistant packaging requirements. The recall states that the product poses a poisoning hazard to young children, as it contains lidocaine and fails to meet the Poison Prevention Packaging Act's packaging requirement. Included in the recall are about 10,000 units of the cream, which were sold at Scalpashop.com and Amazon.com from February 2020 through November 2020.
Staff Report, Consumer Product Safety Commission 01/14/2021

Read Article: Consumer Product Safety Commission

Wrongful Death

Baton Rouge Council Member Proposes $10M Settlement of Alton Sterling Case

A member of the East Baton Rouge Metro Council has proposed a $10 million settlement of a lawsuit over the death of Alton Sterling, a Black man fatally shot by police in 2016. Sterling's fived children filed suit against the city after his death alleging wrongful death. In November, the city council offered to settle the case for $2.5 million, but the plaintiffs refused the offer. The case is set to go to trial in less than two months.
Blake Paterson, The Advocate 01/21/2021

Read Article: The Advocate

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