Federal Judge Rules PennySaver & OpenGate Class Actions be Transferred to California Bankruptcy Court
- On December 21, 2015, United States District Court Judge Josephine Stanton ruled that each of the cases against OpenGate and PennySaver filed in state and federal courts in Orange and Los Angeles Counties should be transferred to the bankruptcy court in the Central District of California. The Central District encompasses Orange, Riverside, San Bernardino, Los Angeles, and Ventura counties. We would expect that it will be assigned to a bankruptcy court located in Orange County or Los Angeles County court.
However, at this time we do not yet know whether that means that the case will remain in California, or be transferred to Delaware and become part of the PennySaver bankruptcy proceeding in that jurisdiction. We expect to know the answer to that question in the early part of 2016. We will keep you advised as we obtain more information on that issue. In the meantime, the case against OpenGate will remain on hold until these jurisdictional issues are resolved by the courts.
- View Court Order
McCuneWright, LLP, Is Set to Take Toyota Sudden Unintended Acceleration Case to Trial in Los Angeles
- McCuneWright, LLP, is scheduled this year to start trial against Toyota in October 2016 in a Toyota sudden unintended acceleration case. Azar Hadi was severely injured in an accident in her Lexus ES 330 that accelerated out of control causing a major collision with another vehicle. The case seeks to hold Toyota responsible for the accident, and recover the millions of dollars in damages suffered by Ms. Hadi. As reported by Toyota to the Court, this is the only case currently set for trial. McCuneWright believes that the trial is important to compensate its client, to hold Toyota responsible for its actions, and to highlight the tragedies that continue to happen because of sudden unintended acceleration in Toyota vehicles.
McCuneWright has been leading the fight against Toyota for the sudden unintended acceleration defect since 2009, when it filed the first class action case against Toyota about this defect. Other cases were soon filed, and that litigation led to major recalls and the payment of billions of dollars in settlement and government fines. McCuneWright represented many of the personal injury and wrongful death victims of the accidents caused by the sudden unintended acceleration of their Toyota vehicles. McCuneWright was appointed by United States District Court Judge James V. Selna as one of the lead firms in In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation. Read More
If you were a victim or have information about a Toyota Sudden Unintended Acceleration accident, click here.
- View Complaint
- Five killed, including 7-year-old boy, after out-of-control car veers off 10 Freeway
by Kate Mather and Anh Do, The Los Angeles Times, Published: January 1, 2016
- New Toyota sudden acceleration claim surfaces
by Chris Woodyard, USA TODAY, Published: September 11, 2014
McCuneWright, LLP, Files Class Action Against Southern California Gas Company & Sempra Energy for Underground Natural Gas Leak
- On November 23, 2015, McCuneWright, LLP, and The Kick Law Firm, APC, filed a class action lawsuit against Southern California Gas Company, and Sempre Energy, for an ongoing uncontrolled natural gas leak at the defendants’ Aliso Canyon natural gas storage facility near Porter Ranch. Approximately, 25,000 homes in Porter Ranch are near this leak, which is releasing gases, chemicals, and noxious odors into this heavily populated neighborhood. Even though this natural gas leak was first reported to governmental regulatory authorities on October 23, 2015, all efforts to correct the gas leak have failed, and the leak continues unabated. The complaint is seeking actual, general, special, incidental, statutory, compensatory, and consequential damages, as well as is seeking emergency release of health information about the leak.
- If you believe you are affected by the Southern California Gas Company natural gas leak in Porter Ranch, click here.
- View Complaint
- Both Richard McCune and David Wright will be speaking at the HarrisMartin's Porter Ranch Gas Leak Litigation Conference on Tuesday, January 19. They will cover the litigation against SoCal Gas as well as the impact of the leak on the community.
- Natural gas leak that’s sickening Valley residents could take months to fix
by Tony Barboza, Los Angeles Times, Published: November 20, 2015
Rich McCune Speaking Engagements
Richard McCune of McCuneWright, LLP will be among the featured speakers at two upcoming conferences focusing on issues both timely and important to consumers and the legal profession.
On Oct. 27, he will be at “HarrisMartin’s Volkswagen Diesel Emissions Litigation Conference” in Miami Beach, where he will be part of a panel discussion titled “Criminal Exposure? DOJ and Other Investigations? Wire Fraud?”
On November 2, he will participate in “HarrisMartin’s Internet of Things and Mass Tort Liability Conference” in San Francisco. His panel will take an insightful look at how software is or becomes defective in devices within the Internet of Things (IoT), the potential for property damage or personal injury, and avenues for legal liability.
Richard McCune is a national spokesperson on legal matters concerning consumers as well as privacy and data breach issues.
McCuneWright, LLP, Files Class Action Against T-Mobile & Experian for Customer Information Data Breach
- On October 5, 2015, McCuneWright, LLP, along with other prominent firms, filed a class action complaint in the United States District Court for the Central District – Southern Division against Experian Information Solutions, Inc., T-Mobile USA, and others for failure to adequately safeguard and secure personal information of about 15 million T-Mobile and potential T-Mobile customers. The data breach involved customers who applied for service between September 2013 and September 2015. Data that was breached included, names, addresses, date of birth, Social Security numbers, and driving license numbers.
- View Complaint
- T-Mobile, Experian Sued Over Hack on 15 Million Customers
by Erik Larson, BloombergBusiness, Published: October 7, 2015
McCuneWright, LLP, Files 2nd “Clean Diesel” Fraud Class Action Against Volkswagen & CEO Michael Horn
- On September 29, 2015, McCuneWright, LLP, along with another firm, filed a class action complaint against Volkswagen Group of America, Inc., and its CEO Michael Horn for continuing to sell diesel models even after they were aware that these vehicles were equipped with software to circumvent emissions testing. McCuneWright class representative, Amy Bergrud, purchased a 2015 VW Passat 2.0L diesel on the evening of September 17, 2015, two weeks after Volkswagen Group of America representatives admitted the fraudulent scheme to regulators. In Amy Bergrud’s case, her $31,000 cash purchase of her Passat came less than 12 hours before the EPA and CARB issued press releases disclosing Volkswagen’s fraud. Despite the fact that Michael Horn, along with his full leadership team, knew of the fraudulent scheme for weeks, and likely months, before the story became public, they and the Volkswagen dealers across the country continued to sell these diesel models spewing illegal levels of emissions until after the story was made public by regulators. The complaint is seeking rescission of sales contracts, along with compensatory and punitive damages.
- View Complaint
McCuneWright, LLP, Files Class Action Against Volkswagen for “Clean Diesel” Fraud
- On September 21, 2015, McCuneWright, LLP, along with another firm, filed a class action complaint in the United States District Court for the Central District of California against Volkswagen Group of America, Inc. and others for intentionally designing and distributing software in its “clean diesel” vehicles designed for the sole purpose of circumventing federally mandated emissions standards.
The complaint alleges that Volkswagen designed a software algorithm, known as a “defeat device,” that enabled the clean diesel vehicle’s onboard computer to determine when a federally mandated emissions test was being conducted and to command the emissions system to run in a special test mode that would allow the vehicles to pass the emissions test. Following the completion of the test, the computer would then direct the system to return to its normal operating mode that would cause the vehicle to emit up to 40 times the amount of nitrogen oxides permitted by U.S. law under normal driving conditions. The complaint further alleges that this allowed Volkswagen to claim that its clean diesel vehicles possessed performance and fuel economy characteristics that the vehicles could not have attained if in compliance with federal emissions standards. Mischaracterizing its clean diesel performance has helped Volkswagen capture nearly three quarters of the automotive diesel market in the United States. The complaint asserts this to be one of the most deliberate and blatant frauds carried out by an automotive manufacturer in the industry’s history.
- View Complaint
- Q & A: What's next for VW owners?
by Susan Carpenter, Staff Writer, The Orange County Register, Published: September 26, 2015, Updated: September 27, 2015
- NY Man Sues Volkswagen Over Emissions Scandal: 'Every Reason That I Bought the Car Was Based on a Lie'
by Susanna Kim and Emily Shapiro, ABC News, Published: September 22, 2015
- Volkswagen stock plunges after emissions probe
by Nathan Bomey, USA Today, Published: September 21, 2015
McCuneWright, LLP Files Class Action Against the Internal Revenue Service for Cyber-Breach and Identity Theft
- On August 20, 1015, McCuneWright, LLP, along with other firms, filed a class action complaint in the United States District Court for the District of Columbia against the Internal Revenue Service (IRS), for damages on behalf of approximately 330,000 taxpayers who have had suffered identity and financial information theft due to a cyber-breach of the IRS systems. The breach has been traced to the IRS Get Transcripts application used by taxpayers. The investigation first revealed more than 200,000 suspicious attempts to gain access to taxpayer information between mid-February and mid-May of this year, with more than half being successful. On August 18, 2015, the IRS announced the theft was much worse than originally thought, and have revised the successfully stolen number of forms to 330,000.
- View Complaint
- IRS sued over data breach that affected 330,000 people
by Jonathan Vanian, Fortune.com, Published: August 21, 2015
McCuneWright, LLP Files Class Action Against UCLA Health System for Data Breach
- On July 29, 2015, McCuneWright, LLP, filed a class action complaint against UCLA Health System, UCLA Medical Sciences, and The Regents of the University of California, for compromised private data that may have affected as many as 4.5 million patients. According to UCLA, it is possible that these patients have had their names, Social Security numbers, date of birth, health plan identification numbers, as well as specific medical information compromised in this security breach.
- View Complaint
- UCLA sued over recent hospital records hacking
The Los Angeles Times, Published: August 11, 2015
- UCLA Health System data breach affects 4.5 million patients
The Los Angeles Times, Published: July 30, 2015
McCuneWright files National Class Action against Maker of TurboTax for Inadequate Consumer Safety Measures
- On April 20, 2015, McCuneWright, LLP, together with other prominent law firms filed a national class action complaint against Intuit, Inc., the maker of the popular TurboTax software that electronically filed an estimated 29 million tax returns in 2014. The lawsuit alleges that cybercriminals used TurboTax to file fraudulent tax returns on behalf of Plaintiffs and that Intuit facilitated the filing of these and thousands of other fraudulent tax returns by failing to take necessary precautions in safeguarding its customers’ most personal and sensitive information, and by failing to implement commercially reasonable security measures to prevent cybercriminals and fraudsters from filing fraudulent tax returns using stolen identities. Plaintiffs allege that Intuit’s conduct violates California law and seek damages on behalf of the Class members who have suffered losses from Intuit’s conduct. The lawsuit also seeks a court order requiring Intuit to implement stricter cyber security measures to adequately safeguard its customers’ most sensitive personal and financial data in the future.
- View Amended Complaint
- Potential class-action lawsuit filed against maker of TurboTax
The Washington Post, Published: April 22, 2015
- Richard McCune interview on the Legal Broadcast Network regarding the class action against TurboTax Maker.
- Richard McCune interview on the Fox Business Network regarding the class action against TurboTax Maker.
PennySaver Employee Termination Class Action
- PennySaver has filed for Chapter 7 Bankruptcy in Delaware. According to their filing, PennySaver has between 200 to 999 creditors with estimated debt and assets between $10 Million and $50 Million dollars. While the Chapter 7 bankruptcy filing will temporarily halt lawsuits against Penny Saver, the law offices of McCuneWright, LLP are exploring the possibility of moving forward with a lawsuit against OpenGate Capitol which purchased PennySaver in 2012.
- View Chapter 7 Bankruptcy Filing
- PennySaver Files for Bankruptcy in the Wake of Lawsuits
The Orange County Register, Published: May 30, 2015
- PennySaver class action updates
McCuneWright files Class Action Against PennySaver on Behalf of Laid off Employees
- On May 26, 2015, McCuneWright, LLP, filed a class action complaint against PennySaver USA, LLC and OPENGATE CAPITAL, LLC on behalf of employees who were laid off suddenly and without warning on May 22, 2015. The lawsuit alleges that business owners did not provide sufficient notice of the mass layoffs under California law. Hundreds of former employees remain frustrated at the news and have looked to McCuneWright to help them find recourse. The plantiffs allege that PennySaver's and Opengate's conduct violates California law and seeks damages on behalf of the Class members who have suffered losses from their conduct
- View Amended Complaint
- Link to Richard McCune's interview with KCAL 9 about PennySaver's layoffs
McCuneWright Files National Class Action Against Hyundai for Disabling Unused Blue Link Systems.
- On February 10, 2015, McCuneWright, LLP, filed a national class action complaint against Hyundai Motor America alleging that the automaker did not inform purchasers of its Blue Link equipped vehicles at the time of sale that the Blue Link Telemetrics System included as a standard feature would be permanently disabled if owners did not subscribe to the Blue Link subscription service. According to notices sent out by Hyundai in January 2015, Blue Link systems that have been inactive for more than one year will be permanently disabled, requiring owners to have to replace the Blue Link module at a cost of $500-$600 dollars if they wish to activate their Blue Link subscription in the future. As a result, Hyundai owners are being forced to choose to subscribe to a Blue Link service that they do not want or have their vehicle devalued by the disabling of the Blue Link Telemetrics module that they purchased as a standard feature when they bought the car. The complaint alleges that Hyundai's actions constitute a breach of the vehicle warranties and a misrepresentation of the standard features of the vehicle at the time of sale.
- View Amended Complaint
- Class action filed against Hyundai over Blue Link system
Washington Examiner, Published: February 17, 2015
McCuneWright files national class action against TD Bank for illegal overdraft fees and practices
- On January 9, 2015 McCuneWright, LLP, filed a national class action complaint against TD Bank, N.A., the nation’s 10th largest bank, with asset holdings of over $224 billion. Filed in the United States District Court, District of New Jersey, the action alleges illegal overdrafts are being charged when TD Bank customers have a positive balance. This filing is the latest by McCuneWright against a banking institution for illegal overdraft practices. McCuneWright has previously filed and been involved with a number of overdraft class action lawsuits against Wells Fargo Bank, Union Bank, U.S. Bank, Citibank and a number of other financial institutions. The results of those cases include a $203 million verdict against Wells Fargo, and well over $100 million in settlements against other financial institutions.
- View Complaint
McCuneWright receives preliminary court approval for $1.8 million class action settlement for illegal overdraft fees on behalf of Orange County Credit Union members.
- McCuneWright, LLP, filed a class action in Superior Court of Orange County on June 17, 2013, alleging that Orange County Credit Union (OCCU), breached its customer account agreement by unlawfully charging overdraft fees for debit transactions when customers had sufficient money in their accounts to cover these transactions. After litigating this case, a class-wide settlement was reached where OCCU has agreed to pay $1.8 million and change and clarify its disclosures of the overdraft practice. Affected OCCU customers will receive approximately $28.00 for each improper $29.00 overdraft fee imposed. Further information is available at www.orangecountycreditunionoverdraftsettlement.com.
- View Complaint
McCuneWright Obtains a $23.3 million Verdict on Behalf of a Shareholder of a Closely Held Corporation
- Following a six-week trial in a California Superior Court, McCuneWright partners David Wright and Kristy Arevalo obtained a verdict of $23.3 million on behalf of their client, a 50% owner of a closely held corporation, who had been frozen out of profit distributions by the other shareholder and board of directors. The Court awarded the $23.3 million in damages and set the case for further proceedings on the amount of punitive damages to award to McCuneWright’s client. It is believed that this verdict is that county’s highest verdict in 2014.
McCuneWright Confirms Settlement in Hyundai and Kia MPG Fraudulent Advertising Class Actions
Judge sets the personal injury case of Hadi v. Toyota for trial in 2016
Judge Gives Final Approval in 1.6 Billion Toyota Sudden Unintended Acceleration Class Action Settlement
Court Reinstates McCuneWright’s Verdict Against Wells Fargo Bank
- On May 14, 2013, Judge William H. Alsup reinstated the $203 million verdict against Wells Fargo Bank on behalf of the over 1 million customers who had been improperly charged overdraft fees as a result of Wells Fargo’s misrepresentations of its posting practice. This action was in response to the 9th Circuit Court of Appeal decision that had directed Judge Alsup to determine the amount of damages from the misrepresentation practice, after finding that the claims that the posting practice itself was illegal were preempted by Federal law.
- View Court Decision
- NBC News Report
McCuneWright Confirms Settlement in Toyota Sudden Unintended Acceleration National Class Action Lawsuit
- Three years after filing the nation’s first class action suit against Toyota for sudden unintended acceleration, Richard McCune confirms that Plaintiffs and Toyota have reached a settlement agreement
- Press Release
- Settlement Agreement
McCuneWright Files MPG Fraudulent Advertising Class Action Suit Against Ford Motor Company
- Update: The court has set April 22, 2015 to begin hearing oral arguments from both sides determine the outcome of Ford’s earlier motion to dismiss the case.
- McCuneWright, LLP, has filed a national class action lawsuit against Ford Motor Company for fraudulent MPG advertising. The complaint specifically identifies the 2013 Ford C-MAX Hybrid and the 2013 Fusion Hybrid models, alleging, but not exclusively, violation of false advertising laws, fraud, and negligent misrepresentation.
- View Complaint
- Tests show Ford Fusion, C-MAX hybrids don’t live up to 47 MPG claims
ConsumerReports.org, Published: December 6, 2012
California Hyundai MPG Fraud Class Action Awarded Tentative Certification
Hyundai and Kia Admit to Inflated MPG Claims
- Automakers Hyundai and Kia have been overstating MPG claims (which have been used in their advertising) for the past several years, the Environmental Protection Agency (EPA) announced on November 2, 2012. For the past eleven months, McCuneWright, LLP has been litigating this issue in a Federal national class action filed in the Central District of California.
- Press Release
- View Complaint
- Read Article
- Tell Us Your Story
The Court Rules Hyundai MPG Class Action Case Can Go Forward
- Hyundai filed a motion challenging whether their respective consumer class action alleging deceptive advertising of the miles per gallon information in vehicles could go forward. On April 23, 2012, the Judge denied Hyundai's motion to dismiss the case, and ruled the case can go forward.
- Court Rules the Hyundai MPG Class Action Can Move Forward
Richard McCune Selected as a Finalist for 2010-2011 Consumer Attorney of the Year Award
- On August 30, 2011, Richard McCune was named as a finalist for the esteemed 2010-2011 Consumer Attorney of the Year award, as a result of the ground-breaking $200 million verdict in Gutierrez v. Wells Fargo Bank, N.A., in which United States District Judge William Alsup found that Wells Fargo had engaged in an unfair and illegal scheme of assessing overdraft fees on debit cards to California Wells Fargo customers. Wells Fargo was also ordered to stop the practice. The Consumer Attorney of the Year is named annually by the Consumer Attorneys of California. The winner will be announced on November 12, 2011.
Richard McCune to Speak at Vehicle Product Liability Litigation Conference
- McCuneWright, LLP partner, Richard McCune will be speaking at the national legal conference on motor vehicle litigation in Phoenix, Arizona March 30-April 1, 2011. Mr. McCune will be addressing recent developments in product liability consumer class actions and mass torts. The conference is presented by the American Bar Association, Tort Trial & Insurance Practice Section's Products, General Liability and Consumer Law Committee and the Automobile Law Committee.
McCuneWright Client Sues Toyota
McCuneWright Secures $203 Million Verdict Against Wells Fargo Bank for Illegal Overdraft Practices
- Judge orders Wells Fargo to reverse $203 million in overdraft fees
By Joe Nelson, Staff Writer, The Sun, Published: August 11, 2010
- Court Order
- Consumer 10.0: How Wells Fargo held up debit–card customers
By Jeff Gelles, The Philadelphia Inquirer, Published: August 15, 2010
- Wells Fargo Loses Ruling on Overdraft Fees
By Andrew Martin and Ron Lieber, The New York Times, Published: August 10, 2010
- Wells Fargo to Pay $200 Million in Overdraft-Fee Case
By Marshall Eckblad, The Wall Street Journal, Published: August 10, 2010
Richard McCune Named to Plaintiffs' Executive Committee in Toyota Unintended Acceleration National Class Action
Richard McCune Named by the Leadership in the Wells Fargo and Citibank MDL Overdraft National Class Action Cases
Richard McCune Interviewed on the NBC Today Show Regarding Toyota Unintended Acceleration Issues and Recall
Richard McCune's Interview on ABC Channel 7 San Francisco Discussing the Importance of McCuneWright's Preliminary Injunction Requesting That Toyota's Recall Be Expanded to Include More Models and Model Years
David Wright and McCuneWright Client Nicole Posen are Interviewed by CNN Regarding Ms. Posen's Accident in Her Toyota and McCuneWright's Class Action Lawsuit Against Toyota for Sudden Unintended Acceleration
McCuneWright Files Preliminary Injunction Seeking to Have Toyota Acceleration Lawsuit to Include More Models and Years
Richard McCune Interviewed by CNN Regarding McCuneWright's Class Action Lawsuit Against Toyota for Sudden Unintended Acceleration