7 of the strangest lawsuits making headlines
A sexy Big Bird costume, an incredibly ugly baby and five more of the strangest lawsuits in the news
October 31, 2012 at 04:00 AM
6 minute read
The original version of this story was published on Law.com
Ersatz Earrings
All that glitters is not gold, at least not at Macy's Inc., according to a federal class action lawsuit that accuses the retailer of falsely advertising its jewelry. Natalya Barsukova filed the suit, claiming that she purchased a pair of $129 Macy's earrings that were labeled “fine gold.” When the earrings later became tarnished, she took them to a jeweler, who informed her that they were actually sterling silver coated in gold alloy. Barsukova argues that Macy's advertising violates Federal Trade Commission rules; she is seeking punitive damages as well as refunds for customers who bought “gold” or “fine gold” jewelry that was actually made of sterling silver.
Contaminated Coke
A Kansas City woman is suing a store that sold her Coca-Cola with an unexpected additive. The good news: It wasn't a suspected carcinogen. The bad news: It was a laxative. According to authorities, an assistant manager at a Family Dollar store tried to play a prank on a fellow employee known for stealing food by putting 25 laxative tablets into two Coca-Cola bottles and leaving them in the employee refrigerator.
The plan went awry when the coworker noticed the tampering and moved the bottles into a customer cooler. When Nelson drank the contaminated Coke, she allegedly suffered “violent consequences” and “severe mental and physical injuries.” She is suing Family Dollar Stores Inc. for negligence, seeking actual damages in excess of $25,000.
Sexy Sesame Street
As if Big Bird didn't have enough to worry about after the first presidential debate, the oversized avian is now at the center of a legal battle between Sesame Street Workshop and the makers of a sexy Big Bird Halloween costume. Online retailer Yandy.com's “Exclusive Yellow Dress and Stockings” costume consists of a short yellow dress, thigh-high stockings and Big Bird feet, which customers can wear with a licensed Big Bird headband.
But although customers may be clamoring for the dress, Sesame Street representatives have sent a cease-and-desist letter to the website “demanding that they stop producing and selling these (obvious) imitations,” according to a company official.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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