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
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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