Our team is dedicated to holding car manufacturers responsible. We have secured hundreds of millions of dollars for our clients/consumers in recent automobile fuel pump class action cases. These lawsuits highlight concerns over vehicle safety and the financial impact on consumers due to alleged manufacturer oversights.

Subaru Success: Valued At Over $230 Million In Settlement Benefits To Class Members

In April 2020, Subaru originally only included 190,000 vehicles in their initial fuel pump recall. Beasley Allen filed a class action that same month contending the recall was inadequate and more vehicles were affected by the alleged defective fuel pumps. Subaru later added 165,000 vehicles in a second recall. However, as a result of our team’s relentless pursuit of justice, another 170,000 vehicles were added as well, and then an additional 860,000 vehicles were included in the settlement, totaling 1.3 million vehicles. This substantial expansion to the settlement was the primary reason for the delay in filing for Preliminary Approval, but it was a necessary step to provide a more comprehensive solution for those affected.

The lawsuit alleged that a part called an “impeller” inside the fuel pump, which is supposed to move fuel from the tank to the engine, was made of a material that wasn’t strong enough for the job. This caused it to soak up too much fuel, change shape, and stop working as intended. This resulted in issues with the car’s acceleration and could also cause the vehicle to stall or completely lose power while in motion. Those fuel pumps were supplied to Subaru and to other Japanese manufacturers through a supplier known as Denso. Denso was a defendant in all these fuel pump class cases as well.

Mazda Settlement: On the Horizon

We’ve also reached a tentative settlement agreement in the Mazda Fuel Pump Class Action case, a smaller class case, but with a value exceeding approximately $78 million. The Preliminary Approval for this case was filed on May 3, 2024. We’re optimistic that we’ll be able to share the final terms of the Mazda settlement next month.

Honda: The Next Chapter

The Honda Fuel Pump case is still unfolding, with the discovery process underway. The class size for Honda could eclipse both Subaru and Mazda combined, indicating the potential for an even more impactful settlement for consumers.

Toyota: A Resolved Issue

Another recent case was the Toyota Fuel Pump Class Action, which was resolved in 2022 with a settlement valued at over  $289 million and representing 6.5 million class members.

This serves as a reminder of our commitment to achieving favorable outcomes for affected vehicle owners.

The Team

Demet Basar and Dylan Martin have been at the forefront of the approval process, while Clay Barnett, Mitch Williams, Trent Mann, and Dee Miles have provided invaluable legal expertise.

Stay tuned for more updates as we continue to navigate these cases and fight to hold these car manufacturers responsible.

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A group of ovarian cancer victims has taken a stand against Johnson & Johnson by filing a class action lawsuit. These courageous individuals, having already pursued individual legal actions for harm caused by talc products, are now collectively challenging the company’s alleged deceptive practices.

Fraudulent Strategies Highlighted:

• The Texas Two-Step: In a strategic move in 2021, Johnson & Johnson set up a subsidiary named LTL Management to take on all the legal heat from talc-related issues. However, LTL’s attempt to seek shelter under bankruptcy protection didn’t hold up in court—not once, but twice.
• Shuffling the Deck: In 2022, Johnson & Johnson is accused of moving assets around—specifically, from its consumer health division to a new entity called Kenvue. The goal? Allegedly to protect those assets from legal claims. But when Kenvue faced the music in a Chicago courtroom over talc and mesothelioma claims, the jury said, “You’re liable.”
• Money Moves: When their first plan didn’t pan out, Johnson & Johnson swapped out a hefty $61.5 billion funding agreement for a leaner $29.9 billion deal. The catch? LTL Management didn’t get anything of equal value in return.

Understanding the New Proposed Class Action

The lawsuit suggests that these clever legal maneuvers were all about playing the system—using bankruptcy courts to dodge responsibility and put off trials and decisions for more than two years. Now, Johnson & Johnson is eyeing a “pre-packaged” bankruptcy, hoping the third time’s the charm to shrink its liabilities.

Backed by Beasley Allen and five other law firms, the plaintiffs are shining a spotlight on Johnson & Johnson’s tactics.

“The bad faith that the courts found in ruling against J&J in the two previous bankruptcies applies to every action the company has taken during the past three years,” says Andy Birchfield of Alabama-based Beasley Allen. “The individuals bringing this class action are shining a bright light on the entire series of dubious, unlawful and hypocritical ploys J&J has been following, and they’re saying enough is enough.”

Science Doesn’t Lie

The science is clear: Regular use of talc can significantly up the risk of ovarian cancer—by 30% to 60%. And despite Johnson & Johnson’s denials, it’s been revealed that their talc products weren’t just talc—they contained asbestos, an accepted cause of cancer. What’s more, the company supposedly knew about this for years but kept it on the down-low.

Adding to the evidence, a recent study from the National Institutes of Health has drawn a line connecting the dots between genital talc use and ovarian cancer, especially among those who used it often and over a long time. This study isn’t just a small survey; it’s a comprehensive look at over 50,000 women.

As this legal battle unfolds, the message from our firm and other lawyers is loud and clear: It’s time for Johnson & Johnson to face up to its actions and for the safety of consumers to take center stage.

The post Enough is Enough: New Proposed Class Action Filed Against J&J appeared first on Beasley Allen.

Our Mobile Office recently filed a lawsuit on behalf of Swift Lumber against Accelerant Insurance Company et al. due to a bad faith breach of contract.

Case Background

On June 5, 2023, Swift faced a big loss, including the destruction of 32 Variable Frequency Drives (VFDs), damage to a transformer, mold on lumber, loss of business income, and more.

Swift, a business in Atmore, Alabama, had insurance with Accelerant Specialty from October 1, 2022, to October 1, 2023.

• Swift told Accelerant about the loss on June 7, 2023.
• Mutual, working with Accelerant, looked into the loss and decided lightning, which wasn’t covered by the insurance, caused the damage.
• Swift didn’t find out about this decision until Accelerant had already said they wouldn’t cover the loss.
• Swift got a notice from NARS saying their insurance was valid when the loss happened but mentioned possible reasons the insurance might not pay, like damage from artificial electrical energy and mechanical breakdowns.
• On October 23, 2023, Accelerant refused to pay for the damages after Engineering Design & Testing Corp. (EDT) said the damage was caused by an arcing event due to insulation breakdown, not by lightning or electrical supply problems.

The Denial

Accelerant didn’t talk about Mutual’s different opinion when they declined to cover the loss.

The Equipment Breakdown Enhancement Endorsement, which they didn’t mention, says it would cover damage from things like electrical arcing if it’s not specifically excluded.

This part also changes the definition of “specified causes of loss” to include equipment failure, indicating that this kind of damage should be covered despite other listed exclusions.

Swift believes that Accelerant and Mutual’s refusal to pay is a violation of their agreement, since Swift did everything right, like paying all the fees on time.

Breach of Contract Breakdown

A breach of contract happens when someone doesn’t follow the rules or terms of an agreement. Think of it like this:

• When people make a deal, they agree to do certain things. A breach of contract is when someone doesn’t do what they said they would.
• This can happen in deals that were talked about or written down.
• Not keeping a promise can be something small, like being late on a payment, or something big, like not delivering something important they promised.

The post Lawsuit Filed For Local Lumber Company After Contract Breach appeared first on Beasley Allen.

“It made me feel like my womanhood was taken away.”

This month, the in-person interview with five of our hair relaxer clients aired nationally on NBC.

They shared their heartbreaking stories with the world about the devastating consequences of hair relaxer usage.

Decades of Use & Damage Caused

Our clients (Frances Walters, Marnitta Ballard, Michelle Velez, Carol Patillo, and Nina Williams) have different stories but have the same common denominator- hair relaxer usage.

• Frances shared how she needed to start using hair relaxers when she graduated college to obtain a teacher job.
• Marnitta and Michelle discussed how the surgeries to remove their cancers negatively affected their ability to have children.
• Nina and Carol talked about how they each found out about their cancer diagnosis and the necessary treatment.

When asked if they had known about the risks associated with hair relaxer usage and if they would have used them, the answer was a unanimous “No.”

Hair Relaxers & Cancer

Hair relaxers can chemically straighten hair but contain dangerous ingredients like formaldehyde, metals, parabens, phthalates, and other synthetic chemicals.

These substances can mess with our body’s hormone system and are called endocrine-disrupting chemicals (EDCs). When people use hair relaxers, these harmful chemicals are absorbed through the scalp and circulate inside the body. This can increase the risk of getting cancers that are related to hormones, like ovarian and uterine cancer.

Sounding the Alarm

These courageous women and their experiences will help highlight the risks of hair relaxers to people who weren’t aware of them or persuade those unsure about them to stop using these products. By sharing their personal stories, they’re saving the lives of others.

We continue to file lawsuits on behalf of women who regularly used hair relaxers and developed uterine cancer, ovarian cancer, or endometrial cancer after years of using hair relaxers. These five women are a perfect cross-section of the many other women whom Beasley Allen represents and who have been injured or worse by these products.

Contact us today to have your case evaluated.

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The per- and polyfluoroalkyl (PFAS) contamination crisis is inching closer to home. Just 3 miles down the road in Montgomery, Alabama, Maxwell Air Force Base is dealing with serious contamination issues from these “forever chemicals.”

“Best Hometown in the Air Force”

Built in 1910 as the Wright Flying School, Maxwell Air Force Base serves as an important center under the U.S. Air Force’s Air Education and Training Command. Named in honor of Lieutenant William C. Maxwell from Atmore, Alabama, this base is not just a military facility but also the headquarters of the Air University, which plays an important role in the Air Force’s education and training missions.

Maxwell-Gunter Air Force Base has evolved significantly over the years. During World War II, it was a central hub for flight training as the Southeast Air Corps Training Center. Today, Maxwell is home to over 12,500 active duty, reserve, civilian, and contractor personnel. The base plays a significant role in both the economic and cultural impact of Montgomery.

PFAS Challenges

Maxwell is currently facing a significant challenge with contamination from PFAS. These dangerous chemicals, stemming from decades of using aqueous film-forming foam (AFFF) for firefighting, have raised serious environmental and health concerns. PFAS are known as “forever chemicals” due to their persistence in the environment, and they may be  linked to various health problems,  including cancer.

As the base continues to serve as a critical asset for Air Force training and education, it’s crucial to clean up this pollution to protect the health of the people working there and the local community.

Fighting For Those Who Fight For Us: Veterans & Compensation

Health problems linked to PFAS exposure might not show up right away. Those stationed and/or working at Maxwell Air Force Base should pay close attention to their health. If they notice any strange symptoms, it’s important to get checked by a doctor.

Those who suffer from injuries related to PFAS exposure at the base, including veterans, their families, and workers, may be entitled to financial compensation. Our team of attorneys is dedicated to helping them get the compensation they deserve, acknowledging the sacrifices they’ve made and the unforeseen consequences of their service. We won’t stop until we achieve justice for our clients. Contact us today!

The post PFAS Contamination Hits Home, Maxwell Air Force Base Heavily Affected appeared first on Beasley Allen.

We began filing social media personal injury lawsuits in 2022 and continue to lead the charge. Our law firm now represents hundreds of individuals, schools and government groups all over the United States.

This multidistrict litigation (MDL) and the associated Judicial Council Coordination Proceedings (JCCP) involve some of the world’s largest social media platforms.

These platforms, like Meta, Snapchat, TikTok, and YouTube, decided to overlook and keep secret the effects they have on the mental health of young people. The results are widespread, leading to both emotional and physical damage and, in some cases, death.

Bellwether Breakdown: MDL & JCCP

MDL

The MDL is in the Northern District of California, Oakland Division. Plaintiffs and Defendants have made their bellwether selections and are now in the process of determining how to handle cases where the client is not moving forward with trial. The judge wants the bellwether pool to be representative of the broader discovery pool. Cases filed include:

• 227 personal injury cases
• 159 school district cases
• 34 cases on behalf of state attorneys’ general

JCCP

The JCCP is in the Superior Court of California in Los Angeles. The Judge determined that the Bellwether trial pool would include 10-12 cases, randomly selected from categories set by the parties and the court. Plaintiffs in the JCCP include:

• 622 personal injuries
• 546 school districts
• 2 local governments

Beasley Allen’s Joseph VanZandt is a member of the Plaintiff Steering Committee (PSC) in the MDL and was appointed as a co-lead in the JCCP.

The first personal injury trial is estimated to begin in June 2025. The first school district trial has not been scheduled yet.

As both move forward, we anticipate more trial dates to be set for personal injury cases and school district cases in the MDL and the JCCP.

The impacts of social media addiction and the responsibility of companies for their products go beyond individual cases—it influences whole communities and schools. We will continue to fight to hold these companies accountable.

The post Steps Forward in Social Media Litigation: Bellwether Trials Scheduled appeared first on Beasley Allen.

Our Mobile Office recently filed a wrongful death case after our client was injured, and ultimately killed by a dump truck rollover.

What is a Wrongful Death Case?

A wrongful death case is brought forth by the surviving family members or beneficiaries of a deceased individual. These happen when someone’s negligence or intentional actions result in the loss of a loved one’s life.

A Look at the Lawsuit

The lawsuit was filed on behalf of Benji Covington’s Estate against the owner of the work site where the incident occurred, Outokumpu, and the owner of the dump truck being operated by Mr. Covington, Big O’s Trucking. The lawsuit alleges:

• Outokumpu and Big O’s Trucking failed to provide a safe working environment.
• Big O’s Trucking failed to properly train and instruct Mr. Covington in the proper way to perform his duties and avoid injury. They also failed to properly maintain the subject dump truck.
• Outokumpu failed to properly load the dump truck and failed to maintain and monitor its premises in the area where the incident occurred in a way that would avoid a foreseeable incident.

Experience Matters

Manufacturers, distributors, property owners, and managers all have a legal duty to make sure the products they make or sell, and the places we live, work, and play in, are safe for us.

Thousands of workers suffer serious injuries or are killed on the job because of defective industrial products every year. In fact, many times, when our workplace injury attorneys are investigating a worker’s compensation case, they discover a defective industrial product is to blame.

Other times, like in this case, the injuries occur due to people on the job site doing something careless or dangerous.

At Beasley Allen we understand the importance of evaluating third-party claims when handling workers’ compensation cases. We leave no stone unturned, ensuring we get justice for our clients.

The post Righting Wrong: Case Filed After Dump Truck Overturns, Kills Client appeared first on Beasley Allen.

We filed an amended class action complaint against Ferrari for a serious safety defect in numerous vehicles equipped with defective brake booster/master cylinder assemblies manufactured by Bosch.

What Are Class Actions?

In cases where multiple consumers suffer financial or physical harm caused by a product, they often come together to file a single lawsuit known as a Class Action. The case at hand is related to an Auto Class Action.

When a manufacturer produces a defective vehicle, it breaks the consumer’s trust in the manufacturer. The car may become unsellable or require costly repairs not covered by insurance. In summary, the consumer does not receive what was promised or what they paid for.

Brake Defect Breakdown

The defect with the braking system causes the vehicles to experience a sudden loss of braking ability without any warning to the driver.

Plaintiffs and other Class members report loss of braking ability in all driving conditions, including on busy highways and rush hour traffic, placing the driver and others on the road at an increased risk of injury.

Lawsuit Timeline

• In 2021, Ferrari issued a recall for specific models, but the problem was more widespread.
• In July 2022, Ferrari expanded its recall to include 23,555 vehicles. Now, almost every Ferrari sold in the U.S. since 2005 is part of the recall.
• On December 5, 2022, Beasley Allen attorneys filed an Amended Class Action Complaint against Ferrari S.p.A. and Robert Bosch GMBH.
• On April 7, 2023, Ferrari moved to dismiss the Plaintiffs’ amended complaint.
• On March 20, 2024, Judge James Semper granted in part and denied in part Ferrari’s motion to dismiss. Plaintiffs can now move forward with, among other claims, their fraud by omission and negligent misrepresentation claims.

Now, the road to trial begins. The parties are currently engaged in the early stages of jurisdictional discovery.

The case is Rose, et al., v. Ferrari North America, Inc. et all 2:21-cv-20772, filed in the United States District Court for the District of New Jersey.

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Aqueous Film-Forming Foam, or AFFF, is a type of foam used to put out fires, especially those caused by flammable liquids. It’s been helpful for firefighters, especially in military and civil emergencies. But, there’s a downside. AFFF contains per- and polyfluoroalkyl substances (PFAS), which can be harmful to human health.

The Legal Battle:

AFFF has been at the center of numerous lawsuits due to its links to health issues, particularly cancer.

• Multi-District Litigation (MDL): These lawsuits were grouped together under Judge Richard M. Gergel in Charleston, South Carolina. The MDL format helps organize the early steps of the trial process, making it simpler to handle lots of cases that share similar facts.
• Health Risks: Studies have found that PFAS, which are found in AFFF, _can be linked to several kinds of cancer, including kidney and thyroid cancer. It can also cause other health problems, such as thyroid disease and harm to the liver.

Recent Developments:

• Case Numbers:  Per the MDL’s Plaintiffs’ Executive Committee, about 24,000 plaintiff fact sheets have been served.
• Thyroid Cancer Link: A study found a 56% increase in thyroid cancer risk among people exposed to higher levels of linear PFOS (a type of PFAS chemical in firefighting foam).
• Bellwether Candidates: Parties in the lawsuit have identified candidates for personal injury trials.

Key Dates and Decisions:

• DuPont Public Water Supplier Settlement (February 2024): Approved settlement.
• 3M Public Water Supplier Settlement (March 2024): Opt-outs allowed to participate in the settlement.
• Additional Injuries Identified (March 13, 2024): Liver and thyroid cancer
• Case Management Order No. 28 (CMO 28):
  • Unlisted Claims: Plaintiffs with injuries not covered by CMO 26 (e.g., kidney cancer, testicular cancer, hypothyroidism, ulcerative colitis) can dismiss their claims without prejudice within 90 days.
  • Refiling Requirements: If refiling, lawsuits must be in the MDL (unless concluded) and include complete medical records within 135 days and expert reports on causation within 180 days.

We continue to investigate personal injury cases where people have been exposed to firefighting foam containing highly toxic PFAS chemicals. Contact us today!

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