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November 18, 2015

Fisher: Failed 5-Hour Energy Class Action Shows ‘Secrets of the Class Action Industry’

Using the case of a failed class action against the maker of the “5-Hour Energy” drink as an example, Forbes‘ Daniel Fisher shines a spotlight on the “secrets of the class action industry.”

Five years after plaintiffs’ attorney Howard Rubenstein sued 5-Hour Energy Five over claims the energy drink didn’t actually provide the promised five hours of “crash-free energy”, his “case was dead, his client had been convicted of fraud in an unrelated case” and Rubenstein “had consented to a judgment for malicious prosecution and agreed to pay 5-Hour Energy $141,000 in restitution.”

In “the class action lawsuit industry in America today,” Fisher writes, “the recovery rates for real consumers are infinitesimal, according to this 2013 study, and plaintiff lawyers frequently agree to dismiss the cases of their clients before they get to class certification in exchange for a fee.”

Read the full story here.

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