News

On January 26, 2015, U.S. District Judge Alvin K. Hellerstein granted judgment as a matter of law dismissing all claims against Nadeem and Lubna Faruqi in Marchuk v. Faruqi & Faruqi, LLP. Marchuk sued the Faruqis and their law firm, claiming that partner Juan Monteverde had raped her in the firm’s offices after a holiday party in 2011. Marchuk also alleged that when she filed her Title VI...

On January 26, 2015, Judge Vincent Briccetti of the United States District Court for the Southern District of New York granted a motion to certify classes of California and New York purchasers of Scotts Turf Builder EZ Seed. Judge Briccetti also appointed Bursor & Fisher, P.A. as class counsel to represent the millions of EZ Seed purchasers. The case involves claims that Scotts EZ Seed is w...

On January 12, 2015, Chief Judge George H. King of the United States District Court for the Central District of California denied the defendants’ motion for summary judgment in Forcellati v. Hyland’s, Inc., clearing the way for a jury trial later this year on claims that Hyland’s misrepresents the effectiveness of six of its cold and flu products for children. In his order, Chief Judge King...

A jury of five men and three women heard opening arguments in the case against Faruqi & Faruqi, partner Juan Monteverde and the firm’s co-founders, siblings Nadeem and Lubna Faruqi. Plaintiff Alexandra Marchuk claims that Monteverde “quickly and forcefully” had sex with her following a December 2011 party, and that the firm tolerated Monteverde’s behavior because he was a top revenue p...

On October 29, 2014, Chief Judge Morrison C. England of the Eastern District of California appointed Bursor & Fisher interim class counsel in a consumer class action against Zicam, LLC. The lawsuit alleges that Zicam falsely represents its homeopathic cold medicines prevent, shorten, and reduce the severity and symptoms of the common cold. In selecting the firm as interim class counsel, Jud...

On October 13, 2014, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California allowed class action claims to move forward against StarKist. The case alleges that certain varieties of StarKist’s 5 oz. canned tuna fish are underfilled and thus substantially underweight. Judge Rogers previously denied StarKist’s motion to dismiss on March 25, 201...

On September 30, 2014, refunds were sent to class members as part of the $38 million settlement in In re: Pacific Bell Late Fee Litigation. The settlement was approved by Judge Judith Craddick of the Contra Costa Superior Court on October 22, 2013 and provides for cash refunds of late fees paid by more than half a million Pac Bell customers in California. Bursor & Fisher, P.A. filed the ca...

On September 18, 2014, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York granted a motion to certify a nationwide class asserting alter ego/veil piercing claims against the shareholders of Kangadis Food Inc., a closely held company which declared bankruptcy in June, and a related company, Kangadis Family Management LLC. This ruling comes just three days ...

On September 15, 2014, Bankruptcy Judge Robert E. Grossman of the United States Bankruptcy Court for the Eastern District of New York granted a motion to certify a nationwide class of purchasers of Capatriti 100% Pure Olive Oil, who allege they were defrauded because the product contained olive-pomace oil instead of pure olive oil. Judge Grossman also appointed Bursor & Fisher as class counsel...

  In September 2013 lawyers from Bursor & Fisher, P.A. sent a presuit demand letter to Nicole Polizzi (a/k/a “Snooki”), the celebrity spokesperson for Zantrex diet pills, notifying her of an impending class action lawsuit alleging those pills were completely ineffective for weight loss. The company that sells these fake diet pills, Basic Research LLC and Zoller Laboratories, LLC, b...