NEW YORK – New York Attorney General Letitia James, Georgia Attorney General Christopher Carr, and New Jersey Attorney General Matthew Platkin filed a complaint against Fresenius Vascular Care, Inc. (FVC), one of its New York-based executives, Gregg Miller, M.D., and several of their affiliates for subjecting Medicaid recipients with end-stage renal disease (ESRD) to unnecessary surgeries and defrauding the New York state Medicaid program. The defendants allegedly scheduled ESRD patients for appointments every three to four months purportedly to preserve their dialysis access sites. At these appointments, the defendants sedated the patients and performed invasive procedures on their veins and arteries, putting already vulnerable patients at a heightened risk of grave complications. In reality, most of these patients had no problems receiving dialysis and did not need these surgeries. Moreover, FVC’s parent company’s own research showed that the so-called “monitoring” surgeries they performed do not benefit ESRD patients and in fact can damage their ability to receive life-saving dialysis treatment.  

“Patients should be able to trust that their wellbeing will be the top priority for the health care providers they visit,” said Attorney General James. “Our complaint alleges that Fresenius Vascular Care not only spent years endangering vulnerable patients with unnecessary invasive surgeries, they used those procedures to defraud taxpayer-funded programs that provide health care for low-income and elderly Americans. Today we’re taking action to stop these abusive practices and ensure New Yorkers can trust that they will be properly cared for when they walk into a doctor’s office.”  

Today’s complaint, jointly filed in federal court in Brooklyn with the attorneys general of Georgia and New Jersey, alleges that FVC knowingly subjected ESRD patients — including elderly people, people of color, and low-income individuals — to unnecessary and invasive procedures to increase its revenues. As alleged in the complaint, “Medical Directors were trained on the FVC philosophy: ‘simply increase revenue and decrease expense.’” FVC allegedly falsified patient referrals, ignored relevant medical records, and falsified diagnostic reports to justify billing for repeated diagnostic and surgical procedures. These procedures included fistulagrams, which are radiological procedures in which dye is injected into the patient’s vein or artery to visualize the port and surrounding blood vessels, and angioplasties, in which wires and balloons are inserted into veins or arteries that have narrowed to restore the patient’s blood flow.  

As alleged in the complaint, due to FVC’s scheme, a 41-year-old ESRD patient in New York underwent at least 27 unnecessary angioplasties from December 2012 to May 2018 at a Fresenius Vascular Access Center in the Bronx and an 80-year-old ESRD patient in Brooklyn underwent at least 15 unnecessary angioplasties during the same time period. 

The complaint further alleges that FVC knowingly operated a scheme to trap patients in a cycle of “clinically timed evaluations” that subjected them to these procedures every three to four months. The procedures carried grave risks such as over-sedation, infection, ruptured blood vessels, and internal or external bleeding. The complaint alleges that FVC pressured its providers to adopt this scheme, by creating contests to incentivize its staff to maximize the number of procedures done on dialysis patients and pushing doctors who questioned the scheme to quit. At one point, Dr. Miller allegedly told a physician who questioned whether the repeated procedures were necessary, “How can you expect to make money if you are sending 80% of the patients home?” 

This lawsuit, which seeks damages and penalties under the New York False Claims Act and other state laws, is the result of a joint investigation with the U.S. Attorney’s Office for the Eastern District of New York and the National Association of Medicaid Fraud Control Units. The case was initiated by two doctors, who are pursuing claims on behalf of 16 additional states pursuant to those states’ false claims acts. The lawsuit was filed under the qui tam provisions of the federal and state false claims acts, which allow average citizens to file civil actions on behalf of the government and to share in the proceeds of any recovered funds. 

The case is being handled by the Medicaid Fraud Control Unit (MFCU) including Special Assistant Attorneys General Logan J. Gowdicott and Jill D. Brenner under the supervision of MFCU Civil Enforcement Division Chief Alee N. Scott. The case was investigated by Principal Auditor-Investigator Karin Flynn under the supervision of Regional Chief Auditor Stacey Millis, Detective Stanislav Tabakov under the supervision of Detective Supervisor Dominic DiGennaro, Acting Executive Officer Ronald Lynch, and Commanding Officer Chief William Falk, and Legal Assistant Alexandra Schmidt. The MFCU is part of the Division of Criminal Justice and is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Division of Criminal Justice is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy. 

The MFCU’s total funding for federal fiscal year (FY) 2023 is $65,717,936. Of that total, 75 percent, or $49,288,452, is awarded under a grant from the U.S. Department of Health and Human Services. The remaining 25 percent, totaling $16,429,484 for FY 2023, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding. 

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online or call the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911. 

Press Contact
Office of the New York State Attorney General
The Capitol
Albany NY 12224-0341
Phone: 1-800-771-7755

 MORGAN STANLEY, GOLDMAN SACHS, JP MORGAN, AND UBS AGREE TO PAY NEARLY HALF A BILLION DOLLARS TO SETTLE STOCK LENDNG ANTITRUST LAWSUIT

Joint Venture EquiLend to Implement Landmark Governance Reforms Aimed at Limiting Future Anticompetitive Misconduct

NEW YORK, NY – After six years of litigation, a class of investors led by the Iowa Public Employees’ Retirement System, the Los Angeles County Employees Retirement System, the Orange County Employees Retirement System, the Sonoma County Employees Retirement Association, and Torus Capital LLC reached a historic partial settlement with Morgan Stanley, Goldman Sachs, UBS, JP Morgan, and EquiLend in a case that alleged that these banks, along with Credit Suisse and Bank of America, engaged in a group boycott to thwart the modernization of the stock lending market in violation of the antitrust laws. 

The settlement with these defendants provides that they will pay approximately half a billion dollars in cash, adding to the $81 million settlement previously signed with Credit Suisse for a total of $580 million in cash payments to the class. While Defendants have denied any wrongdoing and that any reforms were necessary, Plaintiffs believe that the equitable relief they designed and negotiated for will help align EquiLend to the best practices and guidelines for anti-cartel and collaborations among competitors.  

These reforms include the mandatory rotation of outside antitrust counsel and EquiLend board members, limitations on who can access commercially sensitive information, and a robust compliance, training, and monitoring program at EquiLend.

“We’re very pleased to have partially settled this case and had such an impact on how EquiLend operates. We are looking forward to continuing to hold Bank of America accountable as the case progresses,” said Michael Eisenkraft, partner at Cohen Milstein Sellers & Toll PLLC.

In this antitrust class action, the plaintiffs alleged collusion among six of the world’s largest investment banks, including Bank of America, Morgan Stanley, Goldman Sachs, Credit Suisse, and their joint venture, EquiLend, to prevent the modernization of the antiquated, inefficient, and opaque over-the-counter stock loan market in order to preserve their market dominance and role as privileged intermediaries between borrowers and lenders of stock. 

Specifically, the plaintiffs alleged that when new entrants tried to modernize the stock loan market, the banks conspired to boycott them, shut them down, and eliminate them as threats. This harmed the class by trapping them in an antiquated market structure and forced them to pay supracompetitive “spreads” to the defendant banks for their role as intermediaries in the stock loan market.

The plaintiffs are represented by Co-Lead Counsel Cohen Milstein Sellers & Toll PLLC and Quinn Emanuel Urquhart & Sullivan, LLP.

Press contact: cohenmilstein@berlinrosen.com

FOR IMMEDIATE RELEASE

WASHINGTON, D.C. August 16, 2023 – Cohen Milstein Sellers & Toll PLLC is conducting an investigation to determine whether Applied Digital Corporation (“Applied Digital” or the “Company”) and certain of its officers and directors made false and misleading statements and/or omissions in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 promulgated thereunder.

A class action lawsuit was filed in the U.S. District Court for the Northern District of Texas by another law firm on behalf of purchasers of the common stock of Applied Digital Corporation (NASDAQ: APLD) between April 13, 2022 and July 26, 2023, inclusive (the “Class Period”). 

The complaint alleges that throughout the Class Period, Applied Digital and certain of its officers and directors (“Defendants”) made materially false and misleading statements regarding the Company’s business, operations, and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) Applied Digital had overstated the profitability of its datacenter hosting business and its ability to successfully transition into a low-cost AI Cloud services provider; (ii) Applied Digital’s Board of Directors was not independent within the meaning of NASDAQ listing rules; and (iii)  Applied Digital had overstated the efficacy of its business model and failed to maintain proper corporate governance standards.

The Class Period begins on April 13, 2022, the day Applied Digital conducted its initial public offering (“IPO”) on Nasdaq Global Select Market (“NASDAQ”), issuing 8 million shares of common stock priced at $5.00 per share for a total of approximately $40 million in proceeds. As a company publicly traded on the NASDAQ, Applied Digital was required to comply with Listing Rule 5605(b)(2), which states that a majority of the Company’s board of directors (the “Board”) must be comprised of independent directors. However, on May 23, 2023, Applied Digital entered into a loan and security agreement with B. Riley Securities, the primary underwriter of the IPO, and B. Riley Commercial Capital, LLC, also a subsidiary of B. Riley Financial, to supply “additional liquidity to fund the buildout of the Company’s recently announced AI cloud platform and datacenters by the Company.” The principal amount of the loan was up to $50 million, with an interest rate of 9.00% per annum, and a maturity date of May 23, 2025. However, Applied Digital repaid the total balance of the loan nearly two years ahead of its contractual maturity, a timeframe that allegedly corresponds with B. Riley’s business expansion efforts. In July 2023, market analysts, Wolfpack Research (“Wolfpack”) and The Bear Cave (“Bear Cave”), began scrutinizing and questioning Applied Digital’s business model as well as its connection with B. Riley. Following publication of the Wolfpack and Bear Cave reports, Applied Digital’s stock price fell $1.27 per share, or 14.16%, to close at $7.70 per share on July 6, 2023. Following publication of a separate report by Friendly Bear, on July 26, 2023, Applied Digital’s stock price fell $0.60 per share, or 6%, over the following two trading sessions, to close at $9.40 per share on July 28, 2023. It now trades at around $6.50 per share.

Cohen Milstein encourages all investors who purchased Applied Digital’s common stock between April 13, 2022 and July 26, 2023, or former employees with information concerning this matter to contact the firm.

If you are a Applied Digital shareholder and would like to discuss your right to recover for your economic loss, you may, without any cost or obligation, call Cohen Milstein’s Managing Partner, Steven J. Toll at (888) 240-0775 or (202) 408-4600, or email him at stoll@cohenmilstein.com.  Steven J. Toll is admitted in the District of Columbia and Virginia.

If you wish to serve as lead plaintiff, you must move the Court no later than October 11, 2023 to request an appointment.  Any member of the proposed class may retain Cohen Milstein or other attorneys to serve as your counsel in this action, or you may do nothing and remain an absent class member.

Cohen Milstein has significant experience in prosecuting investor class actions and actions involving securities fraud and is active in major litigation pending in federal and state courts throughout the nation.  Cohen Milstein has taken a lead role in numerous important cases on behalf of defrauded investors and has been responsible for a number of outstanding recoveries which, in the aggregate, total billions of dollars.  Prior results do not guarantee a similar outcome. 

If you have any questions about this notice or the action, or with regard to your rights, please contact either of the following:

Steven J. Toll, Esq. or Samuel Bloom

Cohen Milstein Sellers & Toll PLLC

1100 New York Avenue, N.W.

Fifth Floor

Washington, D.C. 20005

Telephone: (888) 240-0775 or (202) 408-4600

Email:stoll@cohenmilstein.com;  sbloom@cohenmilstein.com

ATTORNEY ADVERTISEMENT

#          #          #

Palm Beach Gardens, FL – As the new school year begins, Cohen Milstein encourages students to take control of their identity and person to avoid becoming a target of cyberbullying, cyberstalking or sexual exploitation.

“As technology has become more advanced, cyberbullying and cyberstalking have become easier,” said Takisha Richardson, leader of Cohen Milstein’s Sexual Abuse & Sex Trafficking practice and author of “Be Cool. Be Confident. Return to School with a Plan.”

Richardson, the former Assistant State Attorney and Chief of the Special Victims Unit of the State Attorney’s Office for Palm Beach County, Florida, is a highly respected advocate of victims’ rights and trial attorney with significant experience navigating the judicial system.

Richardson points to a recent study conducted by Pew Research showing 46% of students reported experiencing some form of cyberbullying – higher than the 40% total in the 2020 Pew Research survey.

According to the study, older teen girls have consistently experienced the most cyberbullying.

Richardson also points to social media and gaming apps as means to make cyberbullying and cyberstalking easier.

“Kids are technologically savvy and many spend a good deal of time on social media and gaming apps. But that doesn’t mean they are mature enough to recognize when someone’s apparently good intentions are bad, know how to stop an offensive person, or have the confidence to talk to an adult when they have been hurt by the harmful behavior of a bully or stalker.”

Richardson also points to the dangers of devices which were created to track valuables like keys and luggage.

“Tracking devices, such as AirTag, SmartTag, Tile, and Chipolo are, unfortunately, making cyberstalking easier for perpetrators who want to scare or harm unsuspecting targets,” Richardson said. “Devices like the AirTag and Chipolo ONE are the size of a quarter, so they are easy to slip into a backpack, coat, car, or other personal belongings. This means kids must not only monitor their gear more closely, but also know what to do if they find one of these devices on their person.”

Richardson offers kids and their parents some practical information on how to identify cyberbullying and cyberstalking, how to recognize key emotional and psychological indicators of what a child might experience if they are a target, and how to stop the harmful behavior. “It’s also important to remember that some cyberbullying and cyberstalking can cross the line into unlawful or criminal behavior.”

About Cohen Milstein Sellers & Toll PLLC

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 100 attorneys, Cohen Milstein has offices in Washington, DC; Boston, MA; Chicago, IL.; Minneapolis, MN; New York, NY; Palm Beach Gardens, FL.; Philadelphia, PA.; and Raleigh, NC. For additional information, visit www.cohenmilstein.com  or call 202.408.4600.

For Immediate Release

Press Contact: Tess Roy tess.roy@berlinrosen.com

Investors Successfully Negotiate Settlement in Case Against Wells Fargo Alleging the Bank Misled Investors About Its Compliance with Federal Consent Orders and Likelihood Its Asset Cap Would be Lifted and Look Forward to the Court’s Consideration of the Settlement

NEW YORK, NY – Today, Co-Lead Plaintiffs and Co-Lead Counsel Cohen Milstein Sellers & Toll PLLC announced that they have reached a $1 billion settlement with Wells Fargo (NYSE: WFC) in a securities fraud class action lawsuit, which is subject to court approval to be sought in the coming weeks. If approved by the court, the $1 billion settlement will be among the top twenty securities class action settlements of all time. The case alleges that between May 30, 2018 and March 12, 2020, the Bank and its top executives made false and misleading statements to the public and Congress regarding issues of critical concern to its investors: its compliance with consent orders imposed by the federal government after the Bank’s 2016 consumer scandal involving the opening of unauthorized customer accounts, as well as when regulators would lift the asset cap they had imposed on the Bank that limited the Bank’s growth.

“We are proud to represent two state retirement systems in their effort to hold Wells Fargo accountable for its misconduct,” said Steven J. Toll, Managing Partner at Cohen Milstein Sellers & Toll. “If approved, this settlement will help compensate hundreds of thousands of investors – state employees, nurses, teachers, police, firefighters and others – whose critical retirement savings were impacted by Wells Fargo’s fraudulent business practices.”

“We are pleased to be one step closer towards securing a favorable result for investors in their claims against Wells Fargo, and are honored to bring this landmark settlement before the Court for approval,” said Laura H. Posner, Partner at Cohen Milstein Sellers & Toll.

In 2018, Wells Fargo entered into consent orders with the Federal Reserve Board, Office of the Comptroller of the Currency, and Consumer Financial Protection Bureau, to rectify governance and oversight failures that had allowed systemic fraudulent practices to occur at the Bank, including opening millions of unauthorized bank accounts and charging hundreds of thousands of borrowers for unnecessary insurance. Additionally, the Federal Reserve Board issued an unprecedented asset cap prohibiting Wells Fargo from expanding its assets until it had fully complied with its consent order.

Following entry into the consent orders, plaintiffs allege that Wells Fargo’s senior executives repeatedly told investors that regulators were satisfied with the Bank’s progress under the consent orders and that the asset cap would be timely removed. In fact, the federal regulators repeatedly rejected the Bank’s plans. As a result of the Bank’s alleged false and misleading statements and omissions, shares of Wells Fargo common stock traded at artificially inflated prices, causing investors to pay more for the stock than it was worth.

The truth was ultimately fully revealed in March of 2020, following a confidential year-long investigation by the House Financial Services Committee (“HFSC”). Both the Democratic majority and Republican minority of the HFSC released lengthy reports and held hearings which concluded that Wells Fargo was not in compliance with the consent orders and had not taken the steps necessary to satisfy its obligations. As the market learned of Wells Fargo’s fraud, the stock price plummeted, harming shareholders.

“Wells Fargo betrayed the trust of Rhode Island pensioners and now is rightly facing consequences because of that. I am proud that ERSRI stood up for its stakeholders and held Wells Fargo accountable for its misconduct, and for achieving the historic settlement,” said Rhode Island General Treasurer James A. Diossa on behalf of Co-Lead Plaintiff Employees’ Retirement System of Rhode Island.

Court-appointed lead plaintiffs in this case include Employees’ Retirement System of Rhode Island (ERSRI), the Public Employees’ Retirement System of Mississippi, and Handelsbanken Fonder AB. Court-appointed Lead Counsel are Cohen Milstein Sellers & Toll PLLC and Bernstein Litowitz Berger & Grossmann LLP.

The settlement is subject to approval by the court. The litigation is pending in the Southern District of New York, and is styled as In re Wells Fargo & Company Securities Litigation, Case No. 1:20-cv-04494-GHW.

###

About Cohen Milstein Sellers & Toll

Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, with over 100 attorneys   handling high-profile and precedent-setting litigation. Through creative and tenacious advocacy, Cohen Milstein has recovered billions of dollars for defrauded investors.

FOR IMMEDIATE RELEASE

Press Contact: cohenmilstein@berlinrosen.com

Indonesian Villagers Achieve Settlement from ExxonMobil on Eve of Human Rights Trial and After Two Decades of Litigation

In an August 2022 Decision on the Motion for Summary Judgment, the Court Ruled that the Majority of ExxonMobil’s Arguments were “Entirely Meritless”

WASHINGTON, D.C. – Eleven villagers who alleged that they or their loved ones endured horrific human rights abuses more than twenty years ago have finally secured a settlement from ExxonMobil.

In a case first filed in 2001, the families alleged that ExxonMobil contracted to use Indonesian soldiers to guard its operations in the Aceh province of Indonesia. Instead, the families alleged, those soldiers abused their power for years, inflicting horrific abuses on the villagers and their families, including murder, torture, sexual violence, and kidnapping. Throughout much of this period, ExxonMobil was reporting some of the largest corporate profits in the world.

“Our clients, eleven villagers from rural communities, bravely took on one of the largest and most profitable corporations in the world and stuck with the fight for more than twenty years.  We are so pleased that now, on the eve of trial, we were able to secure a measure of justice for them and their families.” said Agnieszka Fryszman, lead counsel for the plaintiffs and chair of Cohen Milstein’s Human Rights practice. “We represented women and children who saw their fathers shot to death, a woman who was forced to jump up and down repeatedly while eight months pregnant and then sexually assaulted, and men who were detained and subjected to electric shocks, burned, and had graffiti scored on their backs with a knife.”

“The resolution of this important case is a victory for the human rights movement and a testament to the bravery of the plaintiffs. It demonstrates why U.S. courts should remain open to human rights victims so they can obtain the justice they deserve,” said Paul Hoffman of Schonbrun Seplow Harris Hoffman & Zeldes, co-counsel for the plaintiffs.

“Twenty years after we first brought this case, I am pleased that the villagers will have some peace. Their dedication and commitment to seeking accountability over two decades is inspiring,” said Terrence Collingsworth, founder and executive director of International Rights Advocates and the attorney who filed this case in 2001.

In August 2022, the Court handed down a powerful opinion denying ExxonMobil’s motion for summary judgment after evaluating the evidence presented by more than a dozen eyewitnesses.

“While nothing will bring back my husband, this victory delivers the justice we have spent two decades fighting for and will be life-changing for me and my family,” said an Indonesian villager who was one of the plaintiffs in this case. “I am glad we did not give up the fight and that our voices were heard.”

The atrocities are alleged to have taken place at or near ExxonMobil’s operations in the Arun field, one of the largest natural gas fields in the world, which has been referred to as “the jewel in the company’s crown.”

The plaintiffs have remained anonymous for the duration of the more than 20-year litigation for their own protection and will remain so, having brought this lawsuit in the face of grave threats to themselves and their fellow villagers.

Agnieszka Fryszman and her small but dedicated Cohen Milstein legal team (including Kit Pierson, Leslie Kroeger, Rob Cobbs, and Nicholas Jacques) led the hard-fought litigation for more than 20 years, handling the discovery, trial court briefing, appellate briefing, appeals court argument and Supreme Court practice, against a formidable, deep-pocketed defense.  They were joined by co-counsel Paul Hoffman of Schonbrun Seplow Harris Hoffman & Zeldes, Anthony DiCaprio of DiCaprio ADR, and Terrence Collingsworth, founder and executive director of International Rights Advocates.

Indeed, before the August 2022 summary judgment, this case had seen two trips to the D.C. Circuit Court of Appeals (decided January 2007 and July 2011) and one to the Supreme Court. Agnieszka Fryszman argued and won both appeals. In June 2008, the US Supreme Court declined Exxon’s petition for certiorari.

###

Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation, including cross-border Human Rights litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Boston, MA, Chicago, IL, Minneapolis, MN, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, and Raleigh, NC. For additional information, please call (202) 408-4600.

Schonbrun Seplow Harris Hoffman & Zeldes is a private Southern California public interest firm specializing in civil and human rights cases.

International Rights Advocates (IR Advocates) is a leader in taking action to address human rights issues across the world through strategic litigation, training, research, policy and advocacy and coalition building. The vast majority of IR Advocates’ interventions begin with a local trade union or human rights organization’s request to assess the critical issues they are facing and what they want to achieve. They bring leading experts to engage with local partners to identify and research human rights violations, interview witnesses, and gather evidence. In this process, IR Advocates trains its partners and explores how to leverage and improve local legal systems and policy to better protect those whose human rights have been violated.

MAY 3, 2023

FOR IMMEDIATE RELEASE

Press Contact: cohenmilstein@berlinrosen.com

THREE COHEN MILSTEIN ATTORNEYS SELECTED FOR LAW360 EDITORIAL ADVISORY BOARDS

Legal Insights Sought in Areas of Benefits, Competition, and Wage & Hour

Washington D.C. – Cohen Milstein, one of the nation’s leading plaintiff-side law firms, has announced that three partners have been selected to serve on Law360 editorial advisory boards for its Benefits, Competition, and Wage & Hour sections.

Benefits: Law360 appointed Michelle C. Yau, chair of Cohen Milstein’s Employee Benefits/ERISA practice. This is the second year in a row that Ms. Yau has had the privilege of participating on Law360’s Benefits editorial advisory board. A 2021 Law360 MVP in Benefits law, Ms. Yau represents the interests of employees, retirees, plan participants and beneficiaries in ERISA class actions involving complex financial transactions or novel actuarial issues. Ms. Yau has litigated some of the most significant ERISA lawsuits in U.S. history.

Competition: Law360 appointed Daniel McCuaig, a partner in Cohen Milstein’s Antitrust practice. A former U.S. Department of Justice Antitrust Division trial attorney, Dan has led the investigation and litigation teams into some of the government’s largest criminal and civil matters involving price fixing, bid rigging, and anticompetitive mergers in the past decade. Highly respected by the industry, Dan is noted for his thought leadership and frequently speaks on emerging antitrust issues.

Wage & Hour: Law360 appointed Christine E. Webber, co-chair of Cohen Milstein’s Civil Rights & Employment practice. This is the fourth year in a row, Ms. Webber has had the honor of holding an editorial advisory role on a Law360 board. A nationally acclaimed employment and civil rights litigator, Christine is one of the country’s leading voices on employment discrimination, pay equity, and wage and hour class and collective actions. She is also a recognized thought leader on inherent bias in artificial intelligence (AI) tools. Christine is the co-chair of the National Employment Lawyers’ Association’s Class Action Committee, a position she has held since 1999.

The purpose of these editorial advisory boards is to help Law360 identify legal trends, offer feedback on news coverage, and provide reporters with a pool of expert sources.

About Cohen Milstein

Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Boston, MA and Minneapolis, MN. For more information, call 202.408.4600.

FOR IMMEDIATE RELEASE

Press Contact: cohenmilstein@berlinrosen.com

Victims Allege American Tactical, Inc. Unlawfully Marketed the High Capacity Magazine Used in the FedEx Mass Shooting That Killed Eight

ROCHESTER, NEW YORK (April 13, 2023) – Today, victims and families of victims of the 2021 Indianapolis FedEx mass shooting filed a lawsuit against American Tactical, Inc., the distributor of the high capacity magazine (HCM) used in the mass shooting, where thirteen people were shot, eight fatally. American Tactical, Inc. President Tony DiChario and Marketing Director Joe Calabro, along with the magazine manufacturer Schmeisser GmbH, were also named in the lawsuit.

As the exclusive importer of Schmeisser magazines, the complaint alleges, American Tactical, Inc. marketed, distributed, and sold the high capacity magazine used by the gunman in the FedEx mass shooting. Despite knowing that mass killers are attracted to high capacity magazines to carry out mass shootings, American Tactical, Inc. deliberately marketed and sold the 60-round magazine used in the attack.

“American Tactical, Inc.’s high capacity magazine used in the FedEx mass shooting had 60 rounds, two to three times the killing capacity of standard magazines,” said Leslie Mitchell Kroeger, Partner at Cohen Milstein Sellers & Toll. “American Tactical, Inc. sold these high capacity magazines without a single safeguard, screening or limit in place, despite knowing that they are unreasonably dangerous to sell to the civilian public. It is clear that the Defendants put profits from high capacity magazines ahead of people, which came at the grave expense of the victims and victims’ families of the FedEx mass shooting.”

Despite a clear duty to take every reasonable step to minimize the likelihood of an unlawful act of violence, the lawsuit contends, American Tactical, Inc. failed to implement any protocols or safeguards to prevent dangerous individuals, like the FedEx shooter, from acquiring the HCM. Additionally, when American Tactical, Inc. and the other Defendants marketed the HCM, they knew or should have known of the existence of a category of consumers containing individuals like the shooter, who would be attracted to such a weapon accessory and could pose a tremendous risk to the safety of others.

“American Tactical, Inc. is well aware that these magazines are instruments of mass killing and have no problem marketing them directly to people with horrific intentions,” said Gurinder Singh Bains, son of Jaswinder Singh who died in the FedEx shooting and a plaintiff in the case. “This isn’t a hypothetical. My father is gone because they didn’t care they were enabling mass shooters. They have to be held accountable not just for my father’s sake but everyone who may still suffer what my family and I have been forced to go through.”

Rather than recognize the clear risk of marketing HCMS, American Tactical, Inc. published several marketing videos in the style of violent video games and action movies, featuring men wearing tactical vests. Notably, during the mass shooting, the gunman wore a tactical vest nearly identical to the gear used in American Tactical, Inc.’s video advertisement.

“Gun manufacturers and distributors know that high capacity magazines are favored by mass shooters due to their ability to kill as many people as possible, therefore American Tactical should have enacted reasonable safeguards to prevent such magazines from falling into the hands of those who should not have them. They failed to do so, and these families are paying that price,” said Kris Brown, president of the Brady Center to Prevent Gun Violence.

“High-capacity magazines have no business in civilian hands,” said Philip Bangle, Senior Litigation Counsel at the Brady Center. “If you decide to sell such highly lethal products to the general public anyway, you need to be very careful about who you’re selling them to. As we allege in our complaint, Defendants here have instead taken a hard turn and specifically marketed their highly lethal products to a dangerous class of individuals.”

The Plaintiffs are represented by Leslie Mitchell Kroeger of Cohen Milstein Sellers & Toll, along with Philip Bangle at the Brady Center to Prevent Gun Violence.

###

About Cohen Milstein Sellers & Toll

Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and precedent-setting litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Boston, MA and Minneapolis, MN.

About Brady Center to Prevent Gun Violence

Brady legal has represented victims of the gun industry for over 30 years and has won millions in settlements and verdicts brought by Brady for victims and survivors of gun violence.  Brady has also won landmark presidents holding that gun companies can be held legally responsible for damages caused by their irresponsible business practices and has forced gun dealers and manufacturers to reform their business practices.

Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.

FOR IMMEDIATE RELEASE

Press Contact: cohenmilstein@berlinrosen.com

Class Action Suit Brought Against City of Miramar and Private Engineering Firms for Failure to Properly Treat Water Resulting in Massive Property Damages

Residents of Miramar, Florida claim that the City neglected to correctly treat their water, ultimately corroding their pipes, leading to devastating financial consequences for homeowners.

MIRAMAR, FLORIDA – Residents of Miramar, Florida have filed a class action suit against the City of Miramar related to water contamination resulting in massive property damage. They claim that, due to the negligence of the City and the malpractice of its professional engineering consultants, their water supply has not been properly treated and has caused irreversible and costly damage to copper piping systems in their properties.

“The City of Miramar has abandoned its residents at every step of this process,” said lead counsel Leslie Kroeger, partner at Cohen Milstein Sellers & Toll. “This situation could have been avoided, but the City along with professional engineering companies allowed improperly treated water to corrode the pipes of homeowners across Miramar, exacting a huge financial toll on many residents. The negligence by both the City of Miramar and the professional engineering companies has caused massive property damage.  We look forward to fighting hard to bring about justice to the homeowners who have been so terribly harmed.”

Despite continuous complaints from its residents, the City failed to take necessary action, ultimately causing severe harm to the copper water pipes of multiple homes in Miramar. Pursuant to site investigations and lab evaluations, small pitting holes were found in the piping of each plaintiff’s place of residence. It was determined that this pitting was caused by finished water from Miramar’s West Water Treatment Plant, which uses nanofiltration and reverse osmosis processes to clean the City’s water. The City failed, as part of its treatment process, to add back to the water the minerals necessary to prevent damage to copper piping before it dispensed the water to its residents.

Many Miramar residents have been forced to entirely re-pipe their homes. Rather than accept responsibility, the City advised individuals to replace water pipes at their own expense or take out a loan from the City itself.

The City of Miramar contracted Kimley-Horn, Inc. and Applied Technical Services, Inc. as consultants to help address the water crisis. Both companies failed to instruct the City how to properly treat the water in order to avoid damaging the copper piping of its residents. Accordingly, both companies are facing counts of professional malpractice and negligence in the suit.

The Class Action Complaint has been filed on behalf of the plaintiffs, who are represented by Leslie Kroeger of the national plaintiff firm Cohen Milstein Sellers & Toll and Corey Friedman of Romano Law Group.

If you believe your home was damaged due to the negligence of the City of Miramar and the malpractice of its consultants, please call us at 561-515-1400 or complete the contact form.

About Cohen Milstein Sellers & Toll, PLLC

Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and precedent-setting litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Boston, MA and Minneapolis, MN. For additional information, please visit https://www.cohenmilstein.com or call (561) 515-1400.

About Romano Law Group

Romano Law Group is a leading personal injury law firm located in West Palm Beach that provides expert legal representation on a local and national level. For additional information, please visit https://www.romanolawgroup.com or call (561) 468-6493.

Plaintiffs in 26 States Claim General Motors Was Aware of Transmission Defect That Poses Safety Risk to Drivers and Passengers

More than 800,000 Owners of 8-Speed Automatic Transmission Cars Manufactured Between 2015 and March 1, 2019 Are Covered by Certified Classes

DETROIT, Mich. – United States District Judge, for the Eastern District of Michigan, David M. Lawson, granted class certification today to plaintiffs in a massive class action lawsuit across 26 states against General Motors (GM) that alleges the car manufacturer violated state consumer protection statutes by knowingly putting cars with faulty transmissions on the road, endangering drivers, passengers, and pedestrians.

The class is composed of owners of General Motors vehicles with one of two models of eight-speed automatic transmissions, the GM 8L90 or 8L45, which were manufactured between 2015 and March 1, 2019. Plaintiffs claim that while attempting to accelerate or decelerate their cars they may feel a hesitation, lurch, lunge, or other type of “harsh shift.” Some drivers reported the gear shifting as so violent that it feels as if they were hit by another vehicle. Internal company documents obtained in litigation show that even GM had determined the “startling effect” of the harsh shifts can create a safety issue. The vehicles also suffer from a second transmission defect, a shaking or “shudder” while traveling at highway speeds.

“General Motors knowingly sold over 800,000 8-speed transmission vehicles which they knew to be defective for years, and yet made the business decision not to tell its customers before purchase. Dealers were directed to tell the customers that harsh shifts were ‘normal or ‘characteristic.’ Such decision making is both highly irresponsible and emblematic of what GM believes it can get away with. We are very pleased that Judge Lawson’s order is another step closer to bringing justice to the hundreds of thousands of GM customers who were harmed by GMs misconduct”, said Ted Leopold, partner at Cohen Milstein and court-appointed Lead Counsel for the class. “As our lawsuit continues, now certified as a class action, we look forward to demonstrating that General Motors knew before the first car left GMs manufacturing facilities that their 8-speed transmissions were defective yet continuously made the business decision to still sell their cars knowing full well of the vehicle defects and safety concerns.”

In fact, GM contends that the question of what it “concealed” to customers cannot be resolved on a class-wide basis because “public knowledge about the defect varied throughout the relevant class period.” However, in the class certification order Judge Lawson observed that GM’s argument was “disingenuous considering the defendant’s recent efforts to conceal from public disclosure vast portions of the record offered by the plaintiffs to show the existence of the defect and the defendant’s historical knowledge of the same.”

The states certified include Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and Wisconsin.

A second action regarding GM vehicles with 8L transmissions is also underway in Battle v. General Motors, LLC, 2:22-cv-108783. That case features 8L vehicles with harsh shifts made after March 1, 2019 (MY19 to MY22), when GM replaced the automatic transmission fluid that caused the shudder problem.

The plaintiffs are also represented by Theodore J. Leopold, Doug McNamara and Karina Puttieva, of Cohen Milstein Sellers & Toll, Russell D. Paul of Berger Montague PC, Melissa L. Troutner of Kessler Topaz Meltzer & Check LLP, Tarek Zohdy of Capstone Law APC, E. Powell Miller of The Miller Law Firm, Steven Calamusa of Gordon & Partners PA and Gretchen Freeman Cappio of Keller Rohrback L.L. P.

###

About Cohen Milstein Sellers & Toll, PLLC

Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation, including consumer protection and product liability litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Boston, MA, Chicago, IL, Minneapolis, MN, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Washington, DC.  For additional information please call (202) 408-4600.