News Posts matching "class action"

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Seagate Hit with Class Action Lawsuit over High HDD Failure Rates

Hard drive major Seagate has been hit with a class action lawsuit, accusing it of abnormally high failure rates for its 1.5 TB and 3 TB internal and external/portable hard drives. It also accuses the company of false claims over "reliability" and "dependability" in its marketing.

The lawsuit cites data aggregated by cloud solutions company Backblaze. According to this data, a 3 TB Seagate hard drive is three times as likely to fail, as a Western Digital (WD) 3 TB hard drive. It's also ten times as likely to fail as a Hitachi drive. The data appears to look at percentage failure rate, and not raw failed drive volumes, so market-share and volumes shipped by each company is not relevant. Seagate is yet to respond to the lawsuit.


Source: OC3D

OCZ Announces Settlement of Consolidated Shareholder Class Action Litigation

OCZ Technology Group, Inc., a leading provider of high-performance solid-state drives (SSDs) and power management solutions for computing devices and systems, today announced that it has reached a settlement in principle in the federal shareholder class action litigation filed in connection with the Company's financial restatement.

The settlement is subject to negotiation of final documentation and court approval. Subject to Court approval, the settlement of $7.5 million will be funded by the Company's D&O liability insurance. The settlement may include an additional payment of the lesser of $6M or 4% of the net proceeds in the event that the company or any portion of it is sold within six months of the executed settlement agreement. This settlement would resolve the consolidated shareholder class actions pending in connection with the restatement.

Plantiffs' Counsel Announces that Federal Jury Finds Toshiba Fixed LCD Prices

Lieff Cabraser Heimann & Bernstein, LLP and Pearson, Simon, Warshaw & Penny, LLP today announced that a federal court jury this morning found that Toshiba Corporation and its subsidiaries conspired with the world’s other leading manufacturers of Thin Film Transistor-Liquid Crystal Displays (“TFT-LCDs”) to raise and fix the prices of TFT-LCD panels and certain products. The jury awarded damages of $87 million. Federal antitrust law requires the trebling of these damages, resulting in a $261 million award against Toshiba.

Richard M. Heimann, co-lead counsel for plaintiffs, stated, “We are very pleased the jury found in favor of the plaintiffs and found that Toshiba violated the law, particularly in light of the government’s decision not to criminally prosecute Toshiba for its misconduct. The case demonstrates once again the critical role our civil justice system plays in holding corporations, no matter how powerful or where they are based in the world, accountable for violating U.S. antitrust laws.”

Toshiba Responds to Jury Verdict in a U.S. Class Action for LCD Price Fixing

Toshiba Corporation (Toshiba) and its subsidiary, Toshiba America Electronic Components, Inc. (TAEC), announced today that a jury in the United States District Court for the Northern District of California (San Francisco) has issued a verdict against Toshiba in the amount of US$87 million due to alleged antitrust practices in the LCD business. Given credits for settlements by other defendants, Toshiba expects that it will not have to pay any damages as a result of this verdict, even after trebling under U.S. antitrust laws.
This class action was filed in 2007 by direct purchasers of LCD panels and related products in the United States.

Toshiba has consistently maintained that there was no illegal activity on its part in the LCD business in the United States, and Toshiba continues to hold that view. While Toshiba appreciates the jury's time and effort, Toshiba believes that the jury's verdict is in error as to the finding of wrongdoing on Toshiba's part. Toshiba plans to pursue all available legal avenues to correct that finding.

AMD Flogging Dodgy Chips? Gets Slapped With Lawsuit

AMD has been slapped with a lawsuit by Quanta for allegedly selling faulty CPUs & GPUs that were unfit for purpose, since they didn't meet specified heat tolerances and subsequently failed. Taiwan-based Quanta may not have a name that the general public immediately recognizes, however they are actually the world's largest contract manufacturer of notebooks, so this lawsuit is a big deal. They claim that the faulty parts were used in notebooks made for NEC. The lawsuit was filed in a district court in San Jose, California and in the filing, Quanta claims they have "suffered significant injury to prospective revenue and profits". As Bloomberg reports, "the lawsuit also claims breach of warranty, negligent misrepresentation, civil fraud and interference with a contract."

Hurt Locker Copyright Extortion Racket In Tatters, Plaintiffs' Hypocrisy

Voltage Pictures, producers of movie Hurt Locker attempted to use a reverse class action tactic to extort hundreds of millions in 'settlement' claims aka extortion demands over alleged 'losses' due to 'piracy' – something that has never and can never, be quantified and proved. However, their attempt has failed miserably – plus read on for how Voltage Pictures did a little content 'theft' of their very own to make the movie.

The idea was to use the services of the US Copyright Group (USCG) to extract personal subscriber information from ISP's via subpoenas and then send demand letters averaging US $2,000 to hapless victims, with the hope of racking in a grand total of around US $94 million - way more than the film ever made, about US $12.6 million.
The USCG quickly unloaded lawsuit claims against 47K members of the unwitting American public, even as Voltage Picture spewed a stream of vitriol suggesting that the children and families of file sharers would hopefully "end up in jail".
explained DailyTech, putting it very well. Yes, let's get the kiddies in the name of corporate copyright and profit...

Sony's Anti-Class Action ToS Attracts Class Action Lawsuit!

In perhaps one of the more ironic legal moves to be seen recently, Sony's clause in its Terms of Service preventing PlayStation 3 owners from filing class action lawsuits has itself attracted a class action lawsuit! The lawsuit was filed in Northern California in November, by a man on behalf of PS3 owners who signed up for the PlayStation Network before September, when the ToS were updated and this anti-class action clause added.

The killer clause is buried deep into the contract and is very hard to spot, requiring the contract to be read all the way through with a fine toothcomb - if the reader can rise to the challenge of reading the complicated and dry legalese it's written in. Compounding the problem is that the agreement isn't even readily available online for anyone to study – it can only be viewed on the PS3 itself (so the console is already used before you can even see the agreement – hardly fair?) and appears near the bottom of the 21-page form. Previous agreements had been posted online for anyone to inspect. On top of that, the only way of opting out of it, is to mail a physical letter to Sony within 30 days of agreeing to the ToS – very inconvenient and likely to be forgotten by the average person. The main thrust of the lawsuit are allegations of unfair business practices, since PS3 owners are forced to choose between forfeiting their rights or access to the PSN. Note that since Sony introduced this clause, Electronic Arts and Microsoft have both introduced similar clauses, which doesn't put them in a very good light either and potentially at the receiving end of a lawsuit themselves.

HP's Hackable Printers: The Lawsuit

Three days ago, we brought you news of how researchers have made proof-of-concept attacks on HP printers by reprogramming their firmware. Among other things, these attacks could deliberately cause the fuser in a printer to overheat and singe the paper, until shut down by a built-in unoverridable thermal switch, preventing a fire. Now, in light of this, a lawsuit has been filed by David Goldblatt of New York, seeking damages for fraudulent and deceptive business practices and is looking for class action status: "As a result of HP's failure to require the use of digital signatures to authenticate software upgrades, hackers are able to reprogram the HP Printers' software with malicious software without detection," the suit says. "Once the HP printers' software is maliciously reprogrammed, the HP printers can be remotely controlled by computer hackers over the Internet, who can then steal personal information, attack otherwise secure networks, and even cause physical damage to the HP printers, themselves." Note that HP has used digital signatures since 2009 to authenticate the firmware updates, helping to mitigate this potential problem in recent models.

Despite this though, HP still intends to patch the firmware to eliminate threats from this hack, which exploits bugs in the firmware. As these attacks have only actually been demonstrated in the lab and no actual losses have been incurred by Goldblatt, it makes one wonder if he is just using the prevailing American "victim culture" to try and make a quick buck off HP. HP are the top printer brand, mainly because their products are excellent, performing well and lasting a long time, plus other companies' printers and embedded devices have the same problems, so it seems unlikely that he would really not have bought HP printers.

Source: c|net
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