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Fry's Electronics Minimum Wage Litigation

Himmelstein Law Network represents current and former employees of Fry's Electronics, Inc. Fry's is accused of failing to pay its commissioned salespersons the applicable minimum wage. In pay periods where the commissions earned by its salespersons total less than the applicable minimum wage, Fry's "advances" the difference as a "Commission Draw," which it later repays itself out of commissions earned by the salesperson in subsequent pay periods. As a result, salespersons retain less than the minimum wage for the pay period in which they received the "Commission Draw," in violation of California wage laws. In August 2015, the Court ruled that this practice violates California's minimum wage laws. If you are a current or former salesperson at a Fry's Electronics location in California who was charged a "Commission Draw Payback" by Fry's, please contact Himmelstein Law Network.

Testofen and GNC "Testosterone Booster" Class Action

Himmelstein Law Network represents a proposed class of consumers who purchased 22 "testosterone boosters" containing Testofen®, including: Nugenix, Troxyphen, Troxyphen Elite, Ageless Male containing Testofen,® Vitali-T-Aid, Vitali-T-Aid Energy, Test X180, Test X180 Alpha, Test X180 Ignite, Stack Factor 2 With Test X180, High T, High T Senior, High T Black Hardcore Formulation, High T Black Caffeine Free, Mdrive, Mdrive Elite, Test Freak, Ultra T Gold, PMD N-TEST 600, PMD Flex Stack, NO2 Red Test, and Testoril.

These products are advertised and marketed as "clinically proven" to increase free testosterone levels. The complaint alleges that these representations are false, based on universally-accepted principles of statistical analysis, and that the manufacturers and retail giant GNC continue to falsely advertise and promote these products as "clinically proven" testosterone boosters, despite knowledge of the falsity of these representations.

The complaint seeks a refund to consumers of all amounts paid for any of these products, as well as treble and punitive damages. If you purchased one of these products, please visit the case page,
and let us know which product(s) you bought, where you bought it, and how you heard about it.

Wells Fargo Force-Placed Insurance Class Action

Himmelstein Law Network represents homeowners with mortgages serviced by Wells Fargo who were "force-placed" into hazard and flood insurance. Mortgage lenders generally require that homeowners maintain adequate hazard and (where applicable) flood insurance, to protect the lender's interest in the property. If the homeowner allows the coverage to lapse, new coverage is obtained by the mortgage servicer, who passes the cost on to the homeowner. This is called "force-placed" insurance.

Plaintiffs allege that Wells Fargo and American Security Insurance Company (ASIC) engaged in a "kickback" scheme to overcharge homeowners for force-placed insurance. Instead of purchasing the insurance on the open market at commercially reasonable rates, Wells Fargo refers all such business to ASIC or another insurance company, QBE Insurance Corp., who kick back a portion of the premium to Wells Fargo disguised as a "commission." Wells Fargo also charges borrowers for carrying out its insurance-related responsibilites, for which it has already been paid by the mortgage owner, such as Fannie Mae or Freddie Mac. As a result, homeowners are charged two to ten times the cost of regular insurance.

In January 2014, in a pivotal opinion, the Court denied the defendants' motions to dismiss plaintiffs' claim for violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO").

HSBC Overdraft Class Action

Himmelstein Law Network represents plaintiffs in a class action against HSBC Bank for manipulating the order of processing debit card transactions to increase the number of overdraft fees imposed on its checking account customers. Instead of processing debit card transactions in the order they occurred, HSBC processes the largest transactions first, in order to increase the number of overdrafts.

For example, suppose a customer who had $100 in their checking account made three debit card purchases of $25 each, followed by a later purchase of $100. If HSBC processed these charges in the order they occurred, the customer would pay only a single overdraft fee of $35. By processing the larger, $100 transaction first, HSBC is able to assess three overdraft charges, totaling $105.

HSBC continued this practice until December 2011. Similar litigation againt other banks has resulted in settlements approaching $1 biliion.

If you were or are an HSBC checking account customer who paid overdraft fees prior to December 2011, please contact Himmelstein Law Network.

DePuy Pinnacle Hip Implant Products Liability Litigation

DePuy Orthopaedics' Pinnacle Ultamet hip implant system is a so-called "metal-on-metal" system, in which the femoral head, made of a cobalt and chromium alloy, rotates within an acetabular cup or shell made from the same alloy. In most hip replacement systems, the acetabular cup has a plastic liner, which prevents any "metal-on-metal" contact between the femoral head and the acetabular cup.

As a result of this contact, and the resulting wear, patients implanted with the Pinnacle Ultamet frequently develop toxic levels of cobalt and chromium, causing pain, death of the surrounding tissue, pseudotumors, and other serious complications. Himmelstein Law Network represents recipients of the Pinnacle Ultamet hip implant system, in In re DePuy Orthopaedics, Inc. Pinnacle Hip Implants Products Liability Litigation, MDL No. 2244. If you received a DePuy Pinnacle hip implant, it is important that you consult an attorney as soon as possible to preserve your right to seek compensation for your injuries. Contact Himmelstein Law Network for a free evaluation of your case.

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2000 Powell St.
Suite 1605
Emeryville, CA 94608-1861
510.450.0782 (phone)
510.924.0403 (fax)