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Class Action Litigation:
Thornton & Naumes LLP represents clients in class action litigation brought under a wide range of theories under federal and state laws in various jurisdictions. These matters involve state trade practice and consumer protection laws, privacy laws, claims of insurance bad faith, as a result of defective products, and for personal injuries.
Thornton & Naumes attorneys represent consumers in cases against manufacturers, conveyancing/lending settlement service providers, insurers, automobile manufacturers, retail chains, and many other industries and companies that prey on consumers.
Currently, the firm is involved in the following:
- Claims against the manufacturers of GeoDeck composite decking and railing materials. Click here for more information.
- Claims against The TJX Companies, Inc. (TJX) alleging negligence as well as violations of Massachusetts consumer protection and privacy laws. The Plaintiffs’ allege that TJX failed to secure and protect the credit, debit, check and personal information of customers of its Marshalls, T.J. Maxx, HomeGoods, and A.J. Wright stores. These claims arise out of the “intrusion” into the computer systems that processes and stores information related to customer transactions, specifically, the portion of the TJX system that handles credit card, debit card, check, and merchandise return transactions (including drivers’ license and social security information). In addition, TJX stored specific customer personal information on its computer systems, including drivers’ license, military and state identification numbers, together with related names and addresses. To date, it appears that the breach involved customer information from at least 2002 to the end of 2006. TJX did not make its customers, the general public, credit card companies, card processing entities or other financial institutions aware of the breach more than a month after it was discovered. It has been estimated that the breach involved as many as 45.7 million credit and debit cards. Several banks have reported fraud linked to card numbers used to make unauthorized purchases in the United States and overseas. Identity theft has also been reported by customers. Plaintiffs allege that TJX knew or should have known that the security of their computer systems as well as the data retention program did not comply with industry standards. As a result of this conduct, Plaintiffs and members of the proposed Class have been exposed to an increased risk that their financial and personal information will be wrongfully used by third-parties.
- Claims in various jurisdictions against The Travelers Insurance Company (and other related companies), OneBeacon America Insurance Company, Liberty Mutual Insurance Company, Century Indemnity Company, and others alleging violation of consumer protection and insurance bad faith laws. These claims arise out of asbestos personal injury or wrongful death claims against various asbestos defendants who were insured by these companies. In response to Plaintiffs’ claims, these insurers (on behalf of their insureds) were involved in the assertion of an unfounded state of the art defense. As such, Plaintiffs were forced to spend time litigating which delayed the ultimate resolution of their claims against the asbestos defendants. This delay in the resolution of Plaintiffs’ underlying claims caused Plaintiffs to suffer damages (i.e., the time value of money for the delayed resolution of Plaintiffs’ claims).
- Claims against Ford Motor Company and Ford Motor Company of Canada alleging violations of Massachusetts consumer protection law breaches of various express and implied warranties. The Plaintiffs allege that model year 1997 to 2000 Ford F-150, Ford F250 (light duty), Ford Expedition and 2000 Ford F150 Super Crew vehicles contain outside door handle systems that do not comply with Federal Motor Vehicle Safety Standards or Canadian Motor Vehicle Safety Standards nor do they meet Ford’s own internal standards. Ford and Ford Canada were obligated to report and warn the National Highway Transport Safety Association and consumers of the defective outside door handle systems and to replace those door latches. However, Ford took no action to replace the non-compliant outside door handle systems in any of the affected vehicles, nor did it take any steps to warn consumers of the defective outside door handle systems. To date, consumers have not been notified, and a recall has not been issued.
- Claims against National Real Estate Information Services, Inc., National Real Estate Information Services, ATM Corporation of America, First American Signature Services, Inc., Trans State Closers, Inc., Liberty Title & Escrow Co., Inc., and Service Link, Inc. alleging that practice of these companies of utilizing settlement service agents who are not Massachusetts attorneys, or using Massachusetts attorneys who have been divested of all meaningful responsibility and oversight, violates Massachusetts law. Thus, Plaintiffs allege that these Defendants and their agents are engaged in the unauthorized practice of law. As a result of these practices, Massachusetts attorneys who properly participate in and supervise the conveyancing process, such as Plaintiffs and Class members, have been and continue to be excluded from serving as conveyancing attorneys, which has resulted in lost business and, accordingly, lost revenues and profits.
- Claims against Bed Bath & Beyond, Inc. arising out of the advertising and promotion of an erroneous “thread count” of bed linens sold on the company’s website. Plaintiffs are consumers residing throughout the United States who purchased bed linens on that website who allege that website and packaging stated that the linens have a thread count in excess of the linens’ actual thread count.
- Claims against Sun Life Assurance Company Of Canada, and Keyport Life Insurance Company, alleging that these companies developed, marketed and sold their own versions of an “equity-indexed annuity” to persons, ages 65 and above, residing in the United States of America. Plaintiffs allege that Defendants conspired to deceive them into purchasing an annuity product that was deceptively marketed and explained to mislead them into believing that Defendants’ product would help them increase their retirement income, but, in actuality, payment would be deferred for years—in most cases, beyond the individual’s life expectancy.
- Claims against various micro-chip and memory card manufacturers arising from the companies’ participation in a conspiracy to restrain the trade for and sale of static random access memory (“SRAM”). Plaintiffs allege that in doing so, the defendants violated numerous laws including consumer protection and anti-competition laws.
- Claims against NVIDIA Corp., Advanced Micro Devices, Inc., and ATI Technologies, Inc. alleging that Defendants conspired to fix Graphics Processing Unit/Card prices and to wrongfully allocate those to certain customers and markets. Plaintiffs allege that these companies engaged in conduct violative of various laws, including engaging in conduct that amounts to a conspiracy in restraint of trade, and have sought injunctive relief.
- Tobacco