Settlement Archive
ADT Alarm Failure Deadly in Minnesota, Leads to ADT Settlement
October 3rd, 2011. By AbiK
Who ya gonna call? Well, if you’ve had an ADT alarm system installed, you’re proababy thinking you don’t need to call anyone if someone should break into your home. After all, ADT is supposed to be right on it, detecting a break-in and alerting the police who should then get to your home more quickly than if you had detected the break-in yourself and tried to dial 911.
Right?
Unfortunately, a for a couple in Minnesota, things didn’t turn out that way. Their ADT alarm system failed—when they needed it most.
In 2006, Teri Lee had been afraid that her ex-boyfriend, Steven Van Keuren, might cause trouble—he’s the reason why she purchased an ADT system for her home. Sadly, Lee’s worst fears came true when Van Keuren entered Lee’s home and shot both her and her new boyfriend, Timothy Hawkinson. Both Lee and Hawkinson died.
Lee’s estate filed a lawsuit against ADT, and recently reached a confidential settlement.
Loss of life by murder is surely what we’d hope would be a freak accident as the alleged result of an alarm system failure. But it’s not all that far out there to envision, is it?… A break-in happens…should be your run-of-the-mill burglary…maybe the thief is looking for some jewelry, or cash…but maybe he finds the homeowner instead…unexpectedly. The outcome could be all the same—death—except legally we just call it different things…it’s a matter of degrees.
But what if it could’ve been prevented? What if there were a reasonable expectation—heck, a contractual expectation—that an installed alarm system should function properly and the would-be victim were still alive? No alarm system that touts itself as your security blanket and knight in shining armor should fail in your hour of need.
Over the past year and a half, LawyersandSettlements.com has received a number of complaints from individuals stating that their ADT alarm systems failed—or that the ADT response time was inadequate. Thankfully, they are all alive to tell their stories.
And, if we go back to 2007, there actually had been a lawsuit filed against ADT alleging slow response times—and it was seeking class action status.
Last Call on Certainteed Shingle Settlement – Some may still submit Claim
September 30th, 2011. By AbiK
If you were affected by the CertainTeed Organic Shingle Class Action, listen up.
We’ve gotten a very high number of complaints about CertainTeed shingles—in fact, we continue to get them. But if you purchased, installed—or even took on ownership of a home with defective CertainTeed Organic Shingles—and the shingles failed prematurely or did not perform in accordance with reasonable expectations, you may still be able to submit a claim form over at the CertainTeed Organic Shingle Class Action Settlement website. (Please note: do not submit a complaint here at LawyersandSettlements.com.)
To be sure, figuring out what type of shingles you have, when they were installed, how long the shingle warranty is, and how that all figures into if and when you need to submit a claim form by is no easy task. But the claims administrator has provided a chart showing the various warranty lengths for each of the CertainTeed Organic Shingle types (Custom Lok 25, Custom Saf-T-Lok/Saf-T-Lok, Custom Sealdon, Custom Sealdon 30, Hallmark Shangle, Hearthstead, Horizon, Shangle, Independence Shangle, Master Slab, Sealdon 20, Sealdon 25, Solid Slab).
Once you review the chart showing you what your warranty length is for your shingles, you can then determine when you either needed to submit a claim by (some claim submission dates have already passed) or if you still may be able to file a claim.
IMPORTANT: If you are not covered by the warranty or if you settled your warranty claim since August 1, 2006, your claim form must be postmarked or otherwise received by CertainTeed within 12 months after the effective settlement date of October 2, 2010.
If this applies to YOU—it’s last call for making a claim in the CertainTeed Organic Shingle Settlement—your claim form needs to be postmarked by October 2, 2011 (Sunday). So get moving!
Visit the CertainTeed Organic Shingle Class Action Settlement website for more info.
KFC Free Meal Class Action Settlement – Cash Payouts!
September 15th, 2011. By AbiK
Yes, cash payouts for the seemingly ages-old KFC free meal class action lawsuit—as opposed to coupons. Oh but that’s right, this class action lawsuit was about coupons…remember?
If you recall, we posted about the KFC lawsuit one over a year ago—when the class action was first announced. This is the one where KFC was promoting online coupons for a 2-piece chicken meal with 2 sides and a biscuit—all for free. And, if you recall, the free meal deal was announced on Oprah–which, as we all know, if Oprah says it, touts it, recommends it or sings its praises any other way, you damn well better have your supply chain buttoned up ’cause those orders will be a-comin’ in. And KFC has now learned that the hard way.
So something like 5.7 million people who had coupons were left hanging sans a chicken wing or two because KFC ran out of the free meals. Which led to the KFC “Oprah Promotion” Class Action (as it’s being officially referred to).
Here’s what you need to know to get in on this one…
Are you part of the KFC Free Meal Settlement that was on Oprah?
Yes, if you downloaded the KFC free meal deal coupon between May 5, 2009 (starting at 9:00 a.m. CDT) and May 6, 2009 (until 11:59 p.m. CDT) from Oprah.com or unthinkfc.com and you went to snag your free meal and you did not receive one—nor did you receive any other form of compensation like a “chicken check” or some form of compensation from another restaurant unaffiliated with KFC/Yum! Brands (aka, the defendants) that agreed to accept the KGC coupons.
Do I still need to have my coupon as proof in order to be part of the KFC Settlement?
Surprisingly, no. But–of course–you are expected to be honest (or risk perjury charges) and, as is typical with lawsuit settlements, the more proof you have, the greater the settlement amount.
How much will I get from the KFC Oprah Meal Settlement?
If you have…
- the original coupon (with a unique bar code ending in a number other than “1234”) and you complete and sign a claim form, your settlement amount is $3.99 for each original coupon submitted, up to a total of $15.96 per household
- a PDF coupon (with a generic bar code ending in “1234”) and you complete and sign a claim form, you’re entitled to $2.00 for each PDF coupon submitted, up to a total of $8.00 per household
- no longer have either an original coupon or a PDF coupon but you complete and sign a claim form, you’ll be entitled to receive $1.00 for each original coupon or PDF coupon you downloaded, up to a total of $4.00 per household.
That last one’s the scouts honor one–with the “under penalty of perjury” bit.
When do I have to submit my KFC Free Chicken Meal Settlement claim form by?
If you want to be part of the settlement (ie, “opt in”), you need to fill out and submit a claim form with the appropriate documents of proof by January 30, 2012.
To fill out a claim form and for full details, visit the claims administrator’s KFC Coupon Marketing Litigation Informational Website (in re Kentucky Grilled Chicken Coupon Marketing & Sales Practices Litigation).
PetSmart Settlement: Take a Cue from Barbie and Pick up Poo
March 1st, 2011. By AbiK
This latest settlement—the PetSmart dog poop slip and fall settlement—reminds me of a post we did a while ago where we mentioned the PooTrap. Kind of a ridiculous looking contraption, but if whatever dog it was who pooped on the PetSmart floor had been wearing one of these, well, who knows…
See, back in January, 2009, a patron at PetSmart in Newport News, VA—a Robbert Holloway—apparently took a spill while in the store. A pretty bad spill from the sounds of it—he claimed he injured his back badly, hit his head and knocked out four teeth when he went crashing to the floor after slipping on dog poop.
So, he sued.
His lawsuit against PetSmart—a slip and fall premises liability lawsuit that claimed negligence on the part of PetSmart, sought $1 million in damages. The negligence allegation being due to his charge that the store manager should have protected him from the hazardous condition that allowing pets to poop on the floor creates.
Now, aside from the fact that yes, PetSmart and most other larger pet-centric retail establishments do have pets afoot in store aisles en route to a hair trim, nail clipping or other service—and yes, they pretty much “go” when and where the urge arises—this lawsuit begs the question of not only PetSmart employee roles and responsibilities, but also those of the pet owners who bring in their pooches and parakeets.
Seems to me that while PetSmart sales employees should have a sense of urgency regarding poop and pee pickups in their store aisles, customers-cum-pets also have a responsibility to clean up after their canine and feline charges. How is it that there are pooper scooper laws for sidewalks—as in OUTdoors ‘aisles’—and not the same or greater level of poop removal oversight for a linoleum floor indoors? Why, even Barbie had the sense to have a pooper scooper on hand for walks with Tanner (see video).
While I feel quite badly for Mr. Holloway—let’s face it, the combination of being physically hurt along with non-diminishing aroma of dog poop on your clothes would cause even the most apathetic of individuals to wince a bit—I think it’s time to not only hold PetSmart accountable where they ought to be, but it’s also time for pet owners to pick up after themselves—er, their pets.
5 of the Highest Settlement Awards for 2010
December 29th, 2010. By Kristine B
Once again we find ourselves at the end of a year—and it’s been a pretty big year for lawsuits. So, in celebration of the year that was, we’ve compiled some of the biggest settlements—in terms of amount of the award or settlement—of 2010. My deepest thanks to the incredibly talented, wonderful, smart, beautiful, fantastic duo of Lucy C. and Abi K. for helping me compile this list…
Personal Injury Lawsuits
When it came to personal injury, wrongful death and negligence lawsuits, there were some pretty large awards and settlements given out in 2010.
One settlement of $176 million was approved in a lawsuit filed after a 2003 nightclub fire in Rhode Island killed 100 people. The settlement money will go to survivors of the fire who suffered serious injury and to the children who lost parents in the fire.
Meanwhile, in one of the largest jury awards ever in the US, a jury in El Paso awarded $132 million to victims of a bus crash in which two people were killed and several others were injured. The vehicle reportedly crashed when the driver began speeding and eating at the same time. The bus rolled down an embankment.
Defective Products
Speaking of automobiles, a settlement was reached earlier this year between Volkswagen of America, Inc. and vehicle owners who said their cars leaked during rainstorms. The defective product lawsuit alleged certain Volkswagen and Audi models contained design defects that allowed water to enter the passenger component and, in some cases, damaged electronic components of the vehicle. As part of the settlement, Audi was required to pay $10,000 to each of the class representatives, $9.2 million in fees and $675,000 in costs for the class-counsel firms.
And in another defective product lawsuit, Medtronic agreed to pay $268 million to settle lawsuits regarding the company’s Sprint Fidelis Leads. The leads were alleged to have been defectively designed, allowing the wires to crack and causing unnecessary shocks to patients’ hearts.
And, in a defective drugs lawsuit, the maker of Seroquel agreed to pay 17,500 patients a total of $198 million to settle allegations that the medication caused illnesses such as diabetes.
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