Before you go jumping on a class action bandwagon you need to educate yourself about class action lawsuits. http://biyts.info has a pretty good definition and some solid examples of the bigger cases. If there will be a class action, the company will be punished and you will probably get $6. I was screwed by At&t out of $110, the lawyers got $30 million and the plaintiffs (us) got an $8 phone card. If you have real case get your own lawyer or fight them yourself. There has got to be a better way to defend our rights than buying lawfirms corporate jets
2007-03-22 08:13:30
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answer #1
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answered by ES 3
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Georgia, USA: Seventy-two pet deaths from kidney failure, allegedly caused by contaminated pet food, have been reported to www.LawyersandSettlements.com in the past three days. More deaths are being reported every hour.
Richard G. Nadler, an accomplished attorney with over 30 years of trial and appellate experience, looks at the issue from a legal perspective:
There has been no information as to whether the manufacturers and distributors of this contaminated pet food will offer to pay anything more than a refund for the cost of the pet food. While the safety of pet foods is regulated by U.S Food and Drug Administration, most cases hold there is no private right of action under that federal law. However, the right of recovery is generally governed by state law.
There are several legal grounds for recovery beyond the retail price of the contaminated pet food. Under the Uniform Commercial Code, which has been adopted by all 50 states, the sale of the pet food is subject to the implied warranties of merchantability and fitness for purpose. The sale of contaminated pet food is a breach of those warranties. The Uniform Commercial Code provides for actual and consequential damages as the remedy for breach of implied warranties.
In addition, where there is fraud, the customer may recover punitive damages. Thus, under the Uniform Commercial Code, the customer in Jane Mundy's article could recover as consequential at least $850 for the loss of the dog and $800 for the Veterinary care.
The Uniform Commercial Code is not the only remedy. Other remedies available under state law supplement recovery available under the Uniform Commercial Code. Another ground for recovery is damages for tort, product liability, or negligence. Reported cases reveal:
$3,000 recovery where a pet owner suffered emotional distress after her dog died from ingesting moldy pet food (1994 WL 931533);
$56,000 recovery where the family suffered emotional distress because the defendant drove over the plaintiff's dog three times which killed the dog (2006 WL 4013399);
$990,000 award where the police shot and killed two dogs (2006 WL 625659).
This type of widespread breach of warranty and tort action affecting hundreds and thousands of pet owners is also right for class action resolution. A class action would be a superior method of investigation and adjudication of the rights of individual pet owners. A class action would avoid inconsistent decisions in different courts and provide a uniform method of compensation to injured victims.
While the recoveries to each individual may depend on different factors, all of these injuries concern common questions of fact and law. Thus, a class action would be a superior method for resolving the matter.
Richard G. Nadler has represented over 250,000 individuals in civil, criminal, and class action cases.
2007-03-21 12:26:23
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answer #2
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answered by Anonymous
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I did hear of a woman suing the company on the news today. I also heard that the government does not inspect pet food company's at all until a problem occurs.
2007-03-21 12:23:07
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answer #3
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answered by Annabelle 4
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http://www.lawyersandsettlements.com/case/menu-foods?ref=article
2007-03-21 12:23:55
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answer #4
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answered by Anonymous
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get on board dude, It's comin down big time
2007-03-21 12:22:16
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answer #5
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answered by duster 6
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this country really is going to hell in a handbasket isn't it?
2007-03-21 12:24:43
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answer #6
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answered by jjols 2
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yea i did and i think its wrong
2007-03-21 12:21:13
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answer #7
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answered by Anonymous
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