5 unusual natural disaster lawsuits
We take a look at some of the more bizarre litigation that has arisen from natural disasters in the past
November 09, 2012 at 07:32 AM
11 minute read
The original version of this story was published on Law.com
The disaster wrought by Hurricane Sandy has left many communities devastated, and, as with any event of this scale, lawsuits came nipping at its heels. New Jersey is suing seven gas stations and a hotel, accusing them of gouging prices by as much as 59 percent during the aftermath of the storm. A resident of Tarrytown, N.Y. filed a case against power company Con Edison for not restoring power sooner after Sandy.
Time will tell how these and more cases shake out as victims of the storm begin to rebuild, but in the meantime, we thought we'd take a look at some of the more bizarre litigation that has arisen from natural disasters in the past.
Bracelet Bungle
After the undersea earthquake and resulting tsunami that struck Japan in 2011, pop singer Lady Gaga designed charity bracelets to benefit the victims of the disaster, and sold them to her fans.
1800LAWFIRM, a legal network based in Michigan, was not convinced, however, that her claim that “all proceeds will be donated to Japan's earthquake” was true, and filed a $5 million lawsuit against the star in June 2011. The suit claimed she overcharged for the bracelets, and earned a profit through the $4.79 shipping cost.
The parties reached a settlement on June 25, under which Lady Gaga agreed to donate more than $100,000 to a charity that helps victims of the Japan tragedy, but denied that the suit had any merit to begin with.
Deity Defendant
It's not uncommon for people to lash out at God after a natural disaster, but Nebraska State Senator Ernie Chambers took his beef to court. His lawsuit against the higher power reads: “defendant directly and proximately has caused, inter alia, fearsome floods, egregious earthquakes, horrendous hurricanes, terrifying tornados, pestilential plagues…” Chambers reasoned that he was able to sue God because “[the] defendant, being omnipresent, is personally present in Douglas County.”
However, this suit wasn't really about the natural disasters. Chambers filed it as a response to other senators trying to pass laws that limit the filing of frivolous lawsuits. As he told KPTM Fox 42, he wanted to prove that “anyone can sue anyone they choose, even God.”
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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.
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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.
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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.
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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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