Law.com
The Next Opioid Trial Could Be in New York, but Others Lined Up
On Wednesday, a state court judge set a Jan. 20 trial date for an opioid case brought by the state of New York. Yet several other cities, counties and Native American tribes are preparing for trials in 2020, possibly in California, Florida, Illinois, Minnesota, Ohio, Oklahoma and West Virginia.
Another possible trial could be in Florida, where an attorney for the West Boca Medical Center Inc. and the Seminole Tribe of Florida has requested remand of both opioid cases, against Cardinal Health, Walgreens and Abbott Laboratories, a manufacturer, for a potential bellwether case. In a Monday letter, plaintiffs attorney Adam Moskowitz, of The Moskowitz Law Firm in Coral Gables, Florida, called South Florida the “epicenter of the opiate crisis.”
“With all parties able to present strong cases, this proposed bellwether will provide a strong data point for the MDL leadership to utilize in their global settlement negotiations,” he wrote.
Lifehacker
Why The Zappos Data Breach Settlement Is So Laughably Low
Zappos, the online shoe store owned by Amazon, had that data breach in 2012 that exposed the usernames and passwords of 24 million customers. The class action administrator sent out the notice for what appears to be the the most disappointing settlement ever. Impacted consumers received an email containing a one-time code to be used for 10% off a future purchase on Zappos.com (exclusive of shipping and tax!), signed “Your Friends at Zappos.”
A few circumstances made this case a tough one, Adam Moskowitz, a class-action attorney based in Miami, explained. First, there wasn’t a ton of evidence that consumers suffered from the breach beyond the hassle of changing their passwords. And because Zappos wasn’t found to be negligent in its security efforts, it was harder to hold the company responsible.
“It’s better than nothing,” Moskowitz said of the discount, explaining that in a settlement, the plaintiff and defendant agree on the relief (your compensation) together. Zappos could have offered nothing, arguing that it did its part by strengthening its security, the coupon is a show of goodwill. The discount offer may get Zappos a couple of days of bad press, but fans of the brand will still buy shoes.
One interesting detail for anyone who’s ever received a coupon in exchange for your pain and suffering: Moskowitz said that settlements that offer the class a coupon or discount are becoming much less common than they used to be. Judges approving settlements are scrutinizing these types of offers more carefully, as they tend to add insult to injury to consumers who might have sworn off that product or brand after their experience.
Top Class Actions
iPhone Class Action Says Apple Deliberately Broke FaceTime
Apple is facing a class action lawsuit filed by iPhone 4/4S users who claim that the company broke FaceTime for iOS 6 and earlier operating systems in April 2014.
Plaintiff Austin Belanger claims that there are two methods that users can utilize FaceTime. One is called the “peer to peer” method in which there is a direct connection between the parties and the other is a “relay method” where the parties connect to a server that “relays” the data on behalf of the parties.
The plaintiff claims that Apple violated the Florida Deceptive and Unfair Trade Practices Act and alleges trespass to chattels.
Belanger is represented by Adam Moskowitz, Howard Bushman, Adam Schwartzbaum of The Moskowitz Law Firm.
Law360
Florida IPhone 4 Users Dial Apple Into FaceTime Suit
A group of iPhone 4 owners hit Apple with a proposed class action Thursday in Florida federal court, accusing the company of intentionally breaking FaceTime for iOS 6 and older operating systems, after a California judge earlier this month allowed a similar suit to go to trial. Lead plaintiff Austin Belanger said that Apple intentionally changed the way the FaceTime video chat function worked, and allowed FaceTime to fail on the devices with the older software.
The plaintiffs’ are represented by Adam M. Moskowitz, Howard M. Bushman, and Adam A. Schwartzbaum of The Moskowitz Law Firm.
POLITICO
Water Woes - Businesses Sue FPL And Contractor For Losses In Water Crisis
Florida Playbook - Gary Fineout and Matt Dixon's must-read briefing on what's hot, crazy or shady about politics in the Sunshine State
The Sun-Sentinel
Businesses Sue FPL And Contractor For Losses In Water Crisis
Five businesses that lost thousands of dollars during Fort Lauderdale’s water shutdown are suing Florida Power & Light Co. and a contractor that drilled into a critical water main. The lawsuit alleges “reckless and negligent conduct” by FPL and Florida Communication Concepts of Wellington.
The water main break affected more than 220,000 people in all or parts of Fort Lauderdale, Port Everglades, Oakland Park, Davie, Lauderdale-by-the-Sea, Sea Ranch Lakes, Tamarac and Wilton Manors.
The suit seeks class-action status to represent others that lost business as a result of the water main break. The suit was filed Friday and amended Monday.
South Florida Business Journal
Businesses Affected By Water Main Break Sue FPL
Fort Lauderdale and its neighboring municipalities – including Davie, Tamarac, Oakland Park, Lauderdale-by-the-Sea and Wilton Manors were affected.
The Miami Herald
A Broken Water Pipe Left Fort Lauderdale Dry For A Day. Now, Businesses Are Suing FPL
Businesses left without water in a daylong outage in Fort Lauderdale earlier this month are suing Florida Power & Light for “gross negligence.” The utility was overseeing construction work that led to the rupture of a pipe that cut off water to thousands of customers.
Now, three restaurants, a restaurant group and two law firms are demanding an excess of $15,000 in damages for lost business. Attorney Adam Moskowitz says he has been contacted by others who want compensation for their losses.
Moskowitz said the $15,000 lawsuit could climb much higher if others join the class action suit.
He plans to continue to add more plaintiffs, and thinks that he can receive class certification within a few months. That would mean the entire group of affected businesses would be treated as one in the case. Hoping to consolidate all complaints about the break into a single class action suit, Moskowitz is working with lawyer William Scherer, best known for his role in sealing George W. Bush’s narrow win over Al Gore in 2000.
WSVN 7 - FOX
2 Fort Lauderdale Businesses File Lawsuit Over Water Main Break
Two businesses in Fort Lauderdale are teaming up to sue Florida Power and Light as well as the contractor involved the water main break last week.
The lawsuit filed against FPL and Florida Communication Concepts follows the rupture of a 42-inch pipe that was dug into by a worker near Fort Lauderdale Executive Airport on July 17.
Thousands of people in Fort Lauderdale and surrounding areas were affected by the break as water services were shut off and a boil water notice was issued.
WPLG Local 10 - ABC
Lawsuit Filed Against FPL, Subcontractor Following Water Main Break In Fort Lauderdale
A lawsuit was filed Friday against Florida Power & Light and its subcontractor, Florida Communications Concepts Inc., a week after a 42-inch water main was damaged at Fort Lauderdale Executive Airport. The incident caused water to be shut off to the city of Fort Lauderdale and neighboring municipalities, including Davie, Tamarac, Oakland Park, Lauderdale-By-The-Sea and Wilton Manors. Port Everglades was also without water service.
The owners of Phat Boy Sushi Inc. and Morgan Olsen & Olsen LLP hired class-action attorney Adam Moskowitz to represent them in the suit.
"Tens or hundreds of millions of dollars in damages were directly suffered by so many different businesses in Broward, so this is an important avenue that we and the Court all need to navigate," Moskowitz said in a statement Monday. "After some very brief discovery, we will be moving quickly for class certification because the sole question for all businesses in Broward is whether FPL's gross negligence caused all of their damage for all being forced to close for the entire day due to the damaged pipes."
Law360
Carnival Kickback Suit Headed To 11th Circ. After Dismissal
A Florida federal judge has dismissed a suit by a group of consumers accusing Carnival Cruises of concealing kickbacks it reaped from travel insurance purchases, opening the door for the consumers...
American Military News
Hundreds Of Vets Sue 3M Over Defective Earplugs
The lawsuits contend that the company knowingly sold the earplugs that were faulty, allowing loud sounds to permeate them without the individual being aware of it until it was too late, according to Military Times. Roberto Garcia, a military vet said, “Dealing with the hearing loss, also the tinnitus, it can be very distracting and cause issues in family life and dating life. Once the tinnitus kicks in, the issue with that is it’s extremely severe ringing.”
Adam Moskowitz, who represents Garcia said, “The VA hospitals are underfunded, they’re undermanned, they’re not staffed properly, they’re tax paid, and some people like Roberto have to wait two weeks to three weeks to even get an appointment.”
FOX Business
Veterans Suing 3M Claiming The Company Sold Defective Earplugs
Veteran Roberto Garcia and attorney Adam Moskowitz on veterans' lawsuit against 3M alleging the company's earplugs are defective.
Yahoo Finance
Veterans Suing 3M Claiming The Company Sold Defective Earplugs
Veteran Roberto Garcia and attorney Adam Moskowitz on veterans' lawsuit against 3M alleging the company's earplugs are defective.
Daily Business Review
Lawyers, Judges at High Risk for Mental Health Issues
The problems faced by legal professionals are hardly unique. They are endemic across the general population in the United States, according to medical professionals speaking at a conference focused on mental health issues in the legal profession.
The mental health crisis that has struck hard at the legal profession will not be fixed until the issues of mental health are adequately addressed in the general population across the United States, said psychiatrists, judges and lawyers attending a conference focused specifically on mental health challenges in the legal profession.
Daily Business Review
Addiction-Hit Miccosukee Tribe Lawyers Up Against Big Pharma
The Miccosukee Tribe of Indians of Florida claims opioid addiction has turned many of its members into "shells of their former selves" in a lawsuit that puts 20 pharmaceutical companies on the hook for more than $100 million.
Coral Gables lawyer Adam Moskowitz of The Moskowitz Law Firm filed the suit in the Southern District of Florida, calling out 12 defendants.
The tribe’s remote location and lack of educational opportunities have also made its members more vulnerable to substance abuse, according to Moskowitz.
“The Miccosukee Tribe itself is physically located out near the Everglades, so it’s kind of an isolated part of our community. It’s harder for a young person growing up in that community to integrate and to have the opportunities that a lot of us have,” he said.
Daily Business Review
Bolch Institute to Hold Wellness and Mental Health Conference on UM Campus
When the subject of mental health in the legal profession has moved front and center, the Duke University School of Law’s Bolch Judicial Institute will host a conference in Coral Gables focusing on mental health issues affecting lawyers, including drug addiction, depression, anxiety and alcohol abuse.
The National Town Hall on Anxiety, Addiction and Suicide will bring together judicial luminaries and medical professionals to discuss mental health issues within the legal community.
Miami New Times
Miccosukee Tribe Sues Opioid Manufacturers Over Drug Epidemic
By now, the havoc wreaked by opioids on communities across the United States — especially white, rural areas — is well known. But particularly devastated were Native American tribes, who have suffered the highest death rate from prescription opioid overdoses of any ethnic or racial group.
In a complaint filed last week in federal court, the tribe says it has been plagued by deaths and overdoses and has spent tens of millions of dollars addressing the damage. "It's a pretty big majority of the tribe that's been affected by these opioids," says Coral Gables attorney Adam Moskowitz, who represents the group. "And each story is sadder than the next... It's something that we now know these companies knew would happen."
The Sun-Sentinel
Runners Raise Money for Holocaust Survivors at Miami Marathon
Since 2013, Team Blue Card has helped raise money during the annual marathon in partnership with Jewish Community Services of South Florida and The Blue Card. The proceeds help the national nonprofit organizations provide ongoing, direct financial aid and support to Holocaust survivors.
Adam Schwartzbaum, who founded Team Blue Card, said this year's team raised more money than ever before. “I'm proud to be able to do this work and I'm very inspired by these individuals who we have the honor to be able to serve," said Schwartsbaum.
The Deal
Investors Opt Out of Transamerica Class Settlement
A federal judge has given final approval to a Transamerica Life Insurance Co. class-action settlement for $110.7 million, slashing a proposed $195 million payout after eight large life settlement investment groups withdrew from the agreement. Judge Christina Snyder of the U.S. District Court for the Central District of California in Los Angeles certified the settlement Wednesday, Feb. 6.
The class-action case settled litigation filed by Consumer Watchdog that was consolidated with four other similar cases brought by Adam Moskowitz of The Moskowitz Law Firm PLLC of Coral Gables, Fla., and Friedman.
Law360
Attys Score $28M In Transamerica Insurance Rate Deal
A California federal judge awarded attorneys for a class of Transamerica Life Insurance Co. policyholders nearly $28 million in fees Wednesday as part of an order approving a $111 million settlement of the policyholders’ claims that the life insurer breached its agreements with them by drastically increasing their monthly costs.
The Moskowitz Law Firm is among the law firms representing the class. All told, the plaintiffs’ attorneys and their support staff collectively poured 16,668 hours into the litigation, the judge noted. “The hourly rates are commensurate with the skill and experience of the participating attorneys and their legal support,” Judge Snyder wrote.
Law360
Carnival Consumers Seek 11th Circ. Appeal In Insurance Row
A group of consumers who say that Carnival Corp. conceals kickbacks it reaps from the cost of travel insurance asked a Florida federal judge on Wednesday to dismiss their suit so they can appeal before the Eleventh Circuit her order telling them to arbitrate their claims with the cruise line.
“We want the case dismissed in full, so we are able to expeditiously go directly to the Eleventh Circuit Court of Appeal for them to decide this specific issue,” noted Adam M. Moskowitz, a lawyer for the consumers. “We have also been asked to now pursue these same claims in Small Claims Court which is allowed, even under what we contend is an inapplicable arbitration agreement, so we are investigating those procedures and may initiate such complaints in the very near future.”