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.
- Sean Turnbow, et al. v. Life Partners Inc., et al., No. 3:11-CV-1030-M
(N.D. Tex.)
Interim Co-Lead Class Counsel
Putative nationwide class action on behalf of consumers (and a Subclass of California residents) who purchased or otherwise acquired fractional interests in life settlements from Life Partners Inc. Life settlement transactions involve the sale of an existing life insurance policy to another party whereby the selling policyholder receives an immediate cash payment. The complaint alleges that Life Partners Inc. and other Defendants negligently disregarded that the life expectancy assessments provided to Class members were materially inaccurate, resulting in overpayments by Class members for their investments.
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.
Rose Goudeau, et. al. v. The Administrators of the Tulane Educational Fund, et. al., No. 2004-04758 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. The complaint alleged that the Tulane Willed Body Program sold the donated bodies and/or body parts that it did not need to third parties. A settlement of $8,300,000 was obtained.