Class Action Roundup – March 20

Here’s your class action news for this week.

Arsenic-Tainted Wine Sold by Trader Joe’s, Suit Claims

A proposed class action filed in California this week alleges that more than two dozen wine makers, including Trader Joe’s, knowingly sold wine contaminated with high levels of arsenic. The suit identifies 28 wineries in California that plaintiffs claim produce and sell wine with “dangerously” high levels of inorganic arsenic, a known carcinogen and toxin. While wine may often contain organic and inorganic arsenic, wines submitted to testing laboratories revealed up to 500 percent more than the safe daily limit for these products, the suit says. Because of this, plaintiffs are seeking to certify a class of California consumers who bought the allegedly contaminated wine at any time since 2011. The companies facing the lawsuit are:

• The Wine Group
• Sutter Home Winery
• Trinchero Family Estates
• Folie A Deux Winery
• California Natural Products
• Rebel Wine Co.
• Golden State Vintners
• Varni Brothers
• Treasury Wines Estates Holdings
• Beringer Vineyards
• Seaglass Wine Co.
• Constellation Wines
• Smith & Hook Winery
• Hahn Family Wines
• Raymond Vineyard and Cellar
• Jean-Claude Boisset Wines
• Fetzer Vineyards
• F. Korbel & Bros, Inc.
• Megan Mason and Randy Mason, Mason Cellars
• Oakville Winery Management Corp.
• Woodbridge Winery, Inc.
• Simply Naked Winery
• Sonoma Wine Co.
• Don Sebastianti & Sons International Wine Negociants, Corp.
• Trader Joe’s Co.

Honda Takata Airbag Recall Adds 105,000 More Vehicles

Bad news for Honda – and for Honda drivers affected by the massive airbag recall. The company announced this week that just shy of 105,000 more vehicles were being added to its recall. USA Today reports than at least five deaths have been linked to the defective Takata airbags, prompting the carmaker to issue a public recall of thousands of vehicles last December. This week’s additional recall – affecting 2008 Pilot SUVs, 2004 Civics, and 2001 Accords – means fourteen different makes and models are now being investigated by the company as possibly containing malfunctioning airbags. In vehicles where airbags have malfunctioned, the bags deploy with too much force, ripping metal parts loose and hurling them into the vehicles’ interiors. The National Highway Traffic Safety Association is currently fining Honda $14,000 per day for failure to cooperate with an ongoing government investigation.

Target’s Data Breach Will Settle – for $10 Million

Remember the massive Target data breach in late 2013? Well, it looks like a settlement has been reached between the company and plaintiffs in a class action lawsuit who claimed they were hurt by the company’s shoddy security. Multiple outlets are reporting that a $10 million settlement could see plaintiffs receive as much as $10,000 each.

United Airlines Hit with Suit After In-Flight Wi-Fi Services Failed to Deliver

Customers who paid to access United Airlines' in-flight TV and Wi-Fi services were angry to find that the service, offered on international fights, only works while the plane is flying over the continental United States. The company is now facing a lawsuit filed by a passenger who flew from Puerto Rico to New Jersey who, despite paying for access on the four-hour flight, was only able to use the Wi-Fi for ten minutes before the plane entered international airspace. United is accused of failing to disclose the truth about the service by not having any warnings on board and only posting detailed information on its website, rather than at the point of sale. The suit claims that the company has made millions from customers – many of whom saw advertisements for the service while on international flights for which the service was unavailable. The lawsuit, which was filed in the U.S. District Court for the District of New Jersey, is seeking to represent anyone who paid for United Airline’s DirecTV or Wi-Fi on an international flight after January 1, 2012.

Xbox 360 Will Face Lawsuits Over Defect

The U.S. Court of Appeals for the Ninth Circuit has ruled that Xbox users who bought consoles with a design defect will be able to sue the company as part of a class action after a lower court ruled in 2012 that not enough users experienced the problem. When users first complained that the console’s disc drive was defective and gouged game discs, Microsoft fought against the class certification required for the lawsuit to continue, arguing that less than 1% of users experienced the problem. In 2012, a Seattle judge agreed – but, following an appeal, the lawsuit will be allowed to move forward, Reuters reports. Microsoft has already promised to fight the suit, stating simply: “We've won in the lower court previously and believe the facts are on our side."