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Under Investigation

Contruction Workers

We are currently investigating pay practices of home builders.  Major home builders such as Pulte Group, Inc., D.R. Horton Inc. and KB Home may be violating the Fair Labor Standards Act. Many large home builders rely on carpenters, electricians and others employed by contractors. Unions have for years complained that bigger builders are not following labor laws and are underpaying contractors.  General construction contractors, such as a large home builder, may be a "joint employer" of a subcontractor, making the general contractor liable for wage-and-hour violations of its subcontractor.  If you have worked as a contractor for a major builder and believe you have been undercompensated, please contact our office for a free legal consultation.


Free Range Eggs

We are currently investigating a potential case against various "free-range" egg producers for misrepresenting the outdoor access given to their laying hens.  These producers claim that their laying hens are "free-range" but in fact may not provide meaningful outdoor space for the hens.  The packaging for these eggs states that the hens are free range, and often depicts serene images of pastoral scenes with plenty of green pasture, old-fashioned barns, and otherwise advertise idyllic conditions for their hens. 

Going outside and allowing outdoor runs for laying hens satisfies fundamental aspects of their natural behavior patterns such as exercise, wing flapping, pecking in the dirt and grass, foraging, dustbathing and sun bathing.

According to a private study conducted by the Cornucopia Institute, a nonprofit organization dedicated to supporting the ecological principles underlying sustainable and organic agriculture, a good number of these producers provide insufficient outdoor access for their hens to engage in even a fraction of that activity.  Oftentimes, there are tens of thousands of birds in a henhouse with only a few small exits to the outside which most birds can hardly see, let alone get to. The outdoor environments themselves are mostly uninviting or inhospitable, often simple concrete or wooden porches on the side of traditional henhouses. Consumers pay a large premium for these "free-range" eggs - typically at least a dollar more than conventional eggs - with the expectation that the hens that produced these eggs were ethically treated and allowed ample outdoor access to engage in their natural behaviors. 

If you have purchased any eggs labeled "free-range" in the last four years or from any of the following producers, please contact our office for a free legal consultation:

The Country Hen
Hillandale
Petaluma Farms
Paul Fuenger Farm
Eggland's Best
Horizon Organic
Judy's Family Farm


 

DePuy® Hip Replacement Recall

We are currently investigating claims against DePuy Orthopaedics, Inc., a division of Johnson & Johnson, for their defective hip implant systems.  In March, 2010, DePuy announced a voluntary recall of two of their hip implant systems, the ASR™ XL Acetabular Hip System and the ASR™ Hip Resurfacing System.  The ASR™ Hip Systems first became available to the public in July, 2003.  Since that time, an estimated 93,000 ASR™ Hip System devices have been implanted worldwide. 

DePuy issued the voluntary recall after receiving data from the 2010 National Joint Registry of England and Wales which reported approximately 1 in 8, or around 12%, of persons who received an ASR™ Hip System required a second corrective procedure, called a revision surgery, within five (5) years of receiving their ASR™ implant.  According to a recent article in Arthritis Today, this failure rate appears to be about twice the industry standard.  

Symptoms of a defective implant include hip, thigh or groin pain, swelling around the hip joint, pain when rising from a seated position, pain when standing, audible "popping" while walking, fracture of bone around implant site, loosening of the implant, dislocation of the implant and pain while walking.  If the implant is defective, revision surgery may be necessary.  If you are concerned that your ASR™ implant is defective, please contact your orthopaedic surgeon who will be able to evaluate how your ASR Hip System is functioning.

If you or a loved one has received an ASR™ XL Acetabular Hip System or the ASR™ Hip Resurfacing System implant, and wish to discuss any potential claims you may have, please contact our office for a free legal consultation. 


 

Under Investigation 

UPS Shipping Charges

We are currently investigating claims that UPS charges its customers air fuel surcharges for items shipped by ground.  These charges are imposed in connection with the "Air on Ground" program for items shipped within 100 miles.  If you have shipped items using UPS to locations less than 100 miles from the shipping center, and wish to discuss these claims, please contact us.

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