Class Action Lawsuits What is a class action lawsuit?

Class Action Lawsuits
What is a class action lawsuit?
A class action lawsuit is filed on behalf of a group of people who have been in some
way injured by the actions of a company. It is common to see class action lawsuits
filed by members of the company if hiring or salary practices have been illegal.
Another type is the class action lawsuit filed against a drug company for making
illegal claims about their product, or for causing deaths or physical damage to those
taking the drug.
A successful class action lawsuit awards damages to the plaintiffs, who are those
suing the company. In most cases not all members of the suit are entitled to equal
compensation. Usually the attorneys work on a contingency basis, which means
that they will receive a portion of the award but charge their clients no fees if the suit
is not successful. That portion can be high, ranging from 30 to 50 percent of the
total award.
http://www.wisegeek.com/what-is-a-class-action-lawsuit.htm
Match the words below with the underlined words from the text:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
have the right to = entitled to
as the representative of = on behalf of
business organization = a company
pharmaceutical business = a drug company
no win no fee basis = contingency basis
medication = drug
action = suit
statements = claims
victims = plaintiffs
injuries = physical damage
lawyers = attorneys
Ambien Class Action Lawsuit
1. Please translate the following account:
A class action lawsuit against the maker of the popular sleeping pill Ambien has
brought to light some peculiar accounts of sleepwalking. The legal complaint
includes four plaintiffs who say Ambien caused them to eat and drive in their sleep.
maker = fabricant
bring to light = mettre en évidence, réveler
peculiar= bizarre, étrange
accounts = récits, compte rendus
complaint = plainte
But doctors who've researched the drug say that many sleepwalking incidents
happen when patients ignore doctors' recommendations about when and how to
take the drug safely.
to research = étudier
ignore = ignorer, ne pas prendre en compte
recommendations = mise en garde
safely= avec précaution
http://www.appellate-brief.com/media/print-interviews/263-npr-lasks-ambien-classaction-discovers-sleep-walking-dangers.html
2. Listen to the recording and fill in the blanks with the words that you hear:
Suit Blames Ambien for Eating Binges, Sleepwalking
NPR,
March
15,
2006
http://www.npr.org/templates/story/story.php?storyId=5280950
:
RENEE MONTAGNE, host: A class action lawsuit against the maker of the popular
sleeping pill Ambien has brought to light some peculiar accounts of sleepwalking.
The legal complaint includes four plaintiffs who say Ambien caused them to eat and
drive in their sleep.
But doctors who've researched the drug say that many sleepwalking incidents
happen when patients ignore doctors' recommendations about when and how to
take the drug safely.
ALLISON AUBREY reporting: Some 25 million people have taken Ambien over the
last decade and a half. It's been the most widely prescribed sleeping aid in recent
years and clinical trials have shown it to be safe and effective, when taken as
recommended. But New York attorney Susan Lask says Ambien doesn't seem to
suit everyone. Last week, she announced a lawsuit against the manufacturer of the
drug, claiming the pill had turned her clients into what she calls Ambien zombies.
Attorney SUSAN LASK (Defense Attorney for Ambien Plaintiffs): They go into a
zombie-like state and literally walk around like the living dead and have no memory
of what they do.
AUBREY: Lask says she's talked to about 50 people who say they've experienced
sleepwalking after taking Ambien. One client, 55 year old Janet Mackanin, of Pasco
County, Florida, says her nighttime strolls led her to the kitchen.
Ms. JANET MACKANIN (Ambien User & Plaintiff in Lawsuit): I would eat bread, I
would eat ice cream. I would eat bags of chips, bags of candy.
AUBREY: Mackanin says her husband would come home late from work and find
the kitchen ransacked, but she'd have no memory of every getting out of bed. The
behavior is odd, say doctors who study sleeping pills, but they say it's not clear at
all that the Ambien's responsible for it. Sleepwalking can be triggered by sleep
deprivation, alcohol, fevers, even stress. About two percent of Americans, that's
roughly six million people, are thought to sleepwalk in the absence of sleeping pills.
Dr. DAVID GROSS (Director, Sleep Center, Washington Hospital Center): Since
Ambien is used very frequently, more than any other sleeping medication, and these
behaviors also can occur frequently, by chance, one would expect at least a certain
amount of patients will be sleepwalking and taking Ambien, even if the Ambien
didn't cause it.
AUBREY: Dr. David Gross heads the sleep center at Washington Hospital Center in
the District of Columbia. He has no financial relationship with Sanofi-Aventis, the
manufacturer of Ambien. He says when he looked at the medical literature that has
documented some of the sleepwalking and sleep driving cases, he realized that
many instances occurred when people failed to use the drug properly.
Dr. GROSS: Some of the patients admitted that they took the Ambien on their way
home from work, so that when they got home, they would be ready to fall asleep.
Those patients, when they got into an auto accident, obviously had Ambien in their
system.
AUBREY: Gross says taking Ambien before driving is a clear violation of doctors'
and the manufacturers' instructions.
Dr. GROSS: The package insert clearly states that the person should take it and
immediately go to bed.
AUBREY: Other patients, says Gross, admitted to mixing the sleeping pill with
alcohol. Typically, it was...
Dr. GROSS: One or two glasses of wine with the Ambien, which, again, is on the
package insert not to do. So that could also be expected to untold consequences.
AUBREY: All of these factors could, in part, explain the sleepwalking episodes. A
spokeswoman for Sanofi-Aventis says the side effect was first noted during a
clinical trial of the drug 20 years ago. As a result, it's listed on packaging information
that's received by every patient who's prescribed the drug. The company declined
to comment on the lawsuit, except to state that it will vigorously defend the safety
and effectiveness of Ambien, when used in accordance with prescribing information.
3. Translate the words below into French:
to suit = convenir (to sue = poursuivre
en justice)
a suit = une poursuite, une affaire
(civile)
to file suit = to sue
to research = étudier, faire des études
sur
a researcher = un chercheur
research=
recherche
des
études
/
de
la
a decade and a half = 15 ans
safely = en toute precaution / sécurité
safety = la sécurité
safe = pas dangereux, sûr
secure =assure, bien fermé, tranquille
a maker = fabricant
a manufacturer = maker
to turn someone into = transformer en
a stroll = une promenade, un petit tour
to remember = se souvenir
to remind = rappeler à quelqu’un
a memory = un souvenir
a remembrance = un souvenir (formel)
a souvenir = un souvenir (un objet)
an even number / an odd number=
pair / impair
odd = bizarre
the odd one out = l’intrus
by chance = au hasard
luck = la chance
typical = caractéristique, habituel
typically = d’habitude
he is expected to arrive= on s’attend à
ce qu’il arrive / il est attendu
she is expecting = elle est enceinte
he has high expectations = il a des
attentes importantes/exigeantes
a criminal trial = un procès pénal
a clinical trial= un test clinique
4. Fill in the blanks with the correct preposition when necessary:
a)
b)
c)
d)
e)
f)
They admitted TO mixing the sleeping pill with alcohol.
They filed a lawsuit AGAINST Ambien pharmaceutical company.
The patients do not approve OF the company’s position.
He is expected TO explain the side effects of the drug.
The company declined to comment ON the lawsuit.
They discussed _________ different legal options.
5. Grammar: Passive: “They are thought to sleepwalk in the absence of sleeping pills”
•
Translate into French:
a) She was thought to be in London but she was in Paris
b) They are known to have lived here for 5 years
c) It is believed that he is very rich
•
Choose the correct answer:
Epilepsy ---- to be caused by poor air, which ---- to be carried by the veins to
the brain.
a)
b)
c)
d)
e)
is believed / is thought
believes / is thought
was believed / was thought
is believing / is thinking
will be believed / has thought
It ---- that his music ---- thousands of people in the next years.
a)
b)
c)
d)
was thought / will influence
thinks / is influencing
is thought / will influence
will be thought / influences
e) thought / influenced
6. Video: watch the video and answer the questions:
http://www.youtube.com/watch?feature=player_embedded&v=SPS1rpXkYEk#!
a) Who is Ms. Lask? She is a class action attorney representing the plaintiffs
who are suing the manufacturer of Ambien.
b) What has Ambien done to Ms. Lask’s clients? It has put people into a zombie
like state. They have no memory of raiding the refrigerator.
c) What type of food did her clients eat? Raw eggs, uncooked rice.
d) What is the worse part? The memory loss is the worse part.
e) How does the drug work in “baby terms”? it is a powerful drug that attack the
cerebellum. It knocks people out.
f) What is the cerebellum? It is the nervous system of the brain.
g) How many people initially filed the suit? 4 people
h) How many more people are now joining the class action? 50 people so far
i)
What do the plaintiffs want? They want people to know the danger of this and
they want warnings that it can cause sleepwalking.
j)
What is the second most important concern for the plaintiffs? Abiem should
pay these people any damages they suffered as a result of taking this drug.
7. Translate the sentences below:
a) The clients are alleging that Ambien has disrupted their lives. Pretender /
perturber
b) They have no memory of raiding the refrigerators. Faire une descente
c) They have no memory of anything that occurred. Se produire
d) People do things for 7 hours at a time and have no memory of it. 7 heures
d’affilée
e) Can you explain in layman’s terms how the drug works? En langage courant
(de non initié)
f) I am not a pharmacologist although I have spoken to many. Bien que
g) It knocks you out. Ça vous met KO
h) So you are not asking for money as of yet? Jusqu’à maintenant
i)
Yes, that is the primary concern. Inquietude principale