Consumer Fraud

Kahn Swick & Foti, LLC prosecutes a variety of lawsuits that at their core emanate from misrepresentations by a company that cause significant financial loss. These cases are often based upon violations of federal and state consumer protection statutes, and may include RICO (Racketeer Influenced and Corrupt Organization Act) and related claims. Contact KSF now.

Current Cases

  • In re: Actimmune Marketing Litigation, No. C 08-02376 MHP
    N.D. Cal.
    member of Plaintiffs' Steering Committee
    Putative nationwide class action on behalf of consumers and third-party payors who paid for the prescription drug Actimmune to treat idiopathic pulmonary fibrosis, an incurable disease for which Actimmune was not approved by the FDA as a treatment. The complaint alleges that Actimmune was improperly marketed as providing a survival benefit for people with idiopathic pulmonary fibrosis despite the lack of any scientific study confirming the claim.
  • Rose Goudeau, et. al. v. The Administrators of the Tulane Educational Fund, et. al., No. 2004-04758
    Sec. 13, Div. J (Civil District Court for the Parish of Orleans)
    Class Co-Counsel
    Certified nationwide class action on behalf of the near relatives of individuals who donated their bodies to the Tulane Willed Body Program. A trial is pending. The complaint alleges that the Tulane Willed Body Program sold the donated bodies and/or body parts that it did not need to third parties.

Recent Recoveries

In re: General Motors Corp. Speedometer Products Liability Litigation, MDL No. 1896, Co-Lead Counsel. These multi-state consumer fraud actions, consolidated in federal court in the Western District of Washington, alleged that certain makes and models of GM vehicles contain a defective component that caused premature speedometer failure. The settlement required GMC to repair certain of the vehicles and to extend warranties for a substantial period of time or mileage duration, at an estimated value to the Class in excess of $300 million.

New Cases & Investigations
Featured Practice Areas
Corporate America is chipping away at consumer rights on a daily basis. Corporations can now buy "political" immunity from suit and spend millions in court to bankrupt plaintiffs with real and tragic legal claims. In the face of Enron, Worldcom and other financial disasters that caused untold injury to millions of Americans, Kahn Swick & Foti stands at the forefront of consumer empowerment.