Chicago Bar-tender

Unjust enrichment Archives

Hungarian Holocaust victims' kin sue banks

The heirs and next of kin of Hungarian Holocaust victims are seeking reparations from Hungarian banks.
Read the complaint after the jump.

Last month, in a related lawsuit, the same group sued a Hungarian railroad company.
Read more here, including a copy of that complaint.

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Class Action Lawsuit against L.A. Fitness re: fees

A class action lawsuit has been filed against L.A. Fitness alleging that its "early termination fees" in its personal training agreements is designed to lock-in clients and deter unsatsfied clients from canceling or switching personal trainers.

Jay Mau says that in October 2009 he entered into a fitness service agreement for four personal training sessions per month for two people - Mau and his fiance - for twelve months but when he scheduled his sessions, trainers either didn't show up or a non-certified personal trainer was sent.

Mau cancelled his contract and was charged $660 - 50% of the remaining balance of the contract - as an "early termination fee," the complaint states.  

Continue reading after the jump, including a copy of the complaint.

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Fitness co. sues Oprah's co.

The fitness company Unicus Performance Training is suing Harpo after Harpo allegedly terminated an agreement with Unicus to develop a program for the "O Fitness Challenge."

According to the complaint, in June 2008, Unicus was approached by Harpo to create a corporate fitness challenge specifically for Harpo employees, with incentives being the right to issue two press releases announcing the relationship as well as at least five corporate referrals and professional introductions. 

Between August 2008 and March 2009, Unicus designed and created a program and was continually asked to expand it, with 341 Harpo employees enrolled by March 2009, but no press release was created and no corporate referrals provided, the complaint states. 

Plaintiffs Dina Castillo and Frank Nunez, principal owners and operating members of Unicus, say that they were then asked in March 2009 to participate in an Oprah Radio XM program hosted by Bob Green, Oprah's former trainer, and Castillo and Nunez sent an email announcement to their clients to promote the show.

Shortly thereafter, their agreement with Harpo was terminated, the complaint states.  According to the complaint, the reason given was that Castillo and Nunez violated their confidentiality agreement with Harpo when they published that they would be on the Harpo affiliated radio show with Bob Green.

Unicus then sent an invoices for over $63K to Harpo but were told that they violated the agreement and that their services were "voluntary."

Read the complaint after the jump.

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Montel Williams sued over International Poker League contract

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Talk show host Montel Williams is being sued over an alleged breach of contract involving the International Team Poker League created by him.   

 

According to the complaint, Guardian Gaming entered into an agreement with IPL where Guardian would own 25% of the business and paid $300,000 to IPL as an initial investment. 

 

However, before Guardian could make any more payments, IPL terminated the agreement, the complaint states.  The complaint further states that Guardian requested a refund of its initial investment but IPL has proposed to repay in stages, which Guardian rejected and demanded repayment of the full $300,000.

 

Read the complaint after the jump.

 

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Lawsuit: Work from Home ads are a scam!

A class action complaint has been filed regarding "Work from Home" ads on the internet, asserting they are deceptive and misleading.

Barbara Ford, the named plaintiff who is described as "elderly, retired and on a fixed income," clicked on an advertisement link located on her AOL homepage pitching a Google 'work at home' opportunity and "reasonably believed" this was a Google offer and did not know that Google had nothing to do with the product being sold by defendant Pacific WebWorks.

Ford agreed to pay $1.97 for the "Google Business Kit" and didn't realize she would also be charged an additional $79.90.

Ford called Pacific WebWorks and informed them that she never authorized the charge and never received her Google Kit.  She asked for a refund but was refused.  Because Ford was concerned that she would continue to be charged by Pacific WebWorks, she cancelled her credit card.

The complaint asserts violations under the Uniform Deceptive Trade Practices Act and the Automatic Contract Renewal Act, among other things.

Read the complaint after the jump.

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Class Action Lawsuit: AT&T won't refund bogus charges

A class action lawsuit has been filed against AT&T for alleged bogus and unauthorized directory assistance charges.

Jeffrey Hickel says that when he noticed a $5.00 charge for "Network Connections USA" on his November 2008 phone bill, he called AT&T who "claimed ignorance of the charge." The customer service representative stated that AT&T had been told by Network Connections to put the charge on Hickel's bill for an unspecified service.

Hickel then contacted Network Connections directly and learned it was a prepaid directory assistance service.  Hickel informed Network Connections that he never ordered or authorized the service and wanted it removed from his bill.  When Hickel reviewed all of his past statements, he noticed the $5.00 charge first appeared in September 2007. 

AT&T removed the charge from Hickel's bill but never refunded him for the past charges, despite his repeated demands and their promises to do so, the complaint states. 

The complaint notes that billing customers for telecommunication services that the customers never ordered or authorized is known as "cramming."

Read the complaint after the jump.

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Lawsuit: Baby monitor invades privacy

A man is suing in a class action complaint filed today after he discovered that he could see and hear into neighbors' homes, and vice versa, by way of a common baby monitor.

Wes Denkov says that six months after he purchased the "Summer Day and Night Video Monitor" to monitor his infant son, his next door neighbor and parent of newborn twins informed him that the video and audio from Denkov's monitor was being received on the neighbor's monitor.

According to the complaint, when the neighbor's unit was on a particular channel, Denkov's baby's room was completely visible and all conversation within the room could be heard by the neighbor. The complaint also states that Denkov and his wife would enter the baby's room at all hours of the day and night and his wife would often breast-feed the baby in the room.

Continue reading after the jump, including the complaint.

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Lawsuit: Best Buy lies

A class action lawsuit was filed yesterday against Best Buy alleging that its "Price Match Guarantee" is a fraud.

According to the complaint, the store has an undisclosed "Anti-Price Matching Policy" disseminated from corporate headquarters and there are even financial bonuses for denying price match requests.  The complaint describes an in-store kiosk that brings consumers to an essentially fake website with higher in store prices.

Read the complaint after the jump.

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UPDATE: U. of I. sued for admitting unqualified VIPs

UPDATE:  Chancellor Richard Herman resigns.  Read more here.

The entry below was originally posted by the Bar-tender on 10/20/09.

The University of Illinois at Champaign-Urbana (as it is named in the lawsuit) and its trustees are being sued for admitting students of VIPs who are otherwise unqualified.

According to the class action complaint filed by Jonathan Yard on behalf of himself and anyone denied admission to the school between 1999 and 2009 after paying the admission application fee, the school's trustees have a "clout list" that essentially works to ensure that those with "clout" but otherwise lower credentials are still admitted to the school, despite protests of admissions officers.

The complaint details an investigation published by the Chicago Tribune on May 29, 2009 that uncovered a "shadow admissions system," where

politically appointed trustees and lawmakers routinely behave as armchair

admissions officers advocating on behalf of relatives and neighbors -- even

housekeepers' kids and families with whom they share Hawaiian vacations.

They declare their candidates "no brainers" for admission and suggest that if

they are not accepted, the admissions system may need revamping.

The complaint asserts, among other things, a count of fraud since the admissions catalog stated that the school places the heaviest weight on objective academic criteria and "omits any reference to political clout and/or connections being relevant to the admissions process."

Read the complaint after the jump.

For Tweets of recent legal filings and legal news, follow me on Twitter at jenfernicola.

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