Nationwide class action settlements
The firm’s lawyers have served as lead counsel or co-lead counsel in the following cases, in which they succeeded in reaching settlements involving hundreds of millions of dollars in relief on behalf of nationwide or multi-state classes of consumers:
Haddock v. Nationwide Life Ins. Co.
District of Connecticut. In a suit on behalf of a nationwide class of 401(k) plan participants against their investment provider for accepting unauthorized payments from mutual fund providers, firm lawyers settled claims for violations of ERISA. The settlement, in excess of $140 million, was the second-largest reported settlement of 2014.
Spahn v. Edward D. Jones & Co.
USDC, Eastern District of Missouri. The firm’s lawyers helped litigate a nationwide class action against an investment company for breach of fiduciary duty arising from its retention of illicit payments made by mutual funds.
Cappalli v. BJ’s Wholesale Club, Inc., Case No. 10-cv-00407, USDC, District of Rhode Island. This suit challenged a warehouse club’s membership renewal practices on various common law grounds, resulting in a multistate class settlement on behalf of over one million consumers.
Lopez v. American Express Bank, FSB, Case No. CV 09-7335 SJO (MANx), USDC, Central District of California. This suit challenged a bank’s increase of a fixed annual percentage rate of interest on existing credit card balances, resulting in a settlement on behalf of a nationwide class of cardholders.
In re Universal Service Fund Telephone Billing Practices Litig., MDL No. 1468, USDC, District of Kansas. Following years of hard-fought litigation, the firm’s lawyers helped resolve a nationwide class action related to telephone customers’ overpayment of ancillary charges to their carriers.
Bachman v. A.G. Edwards, Inc.
Circuit Court of the City of St. Louis, State of Missouri. The firm’s lawyers helped litigate and settle for $60 million a nationwide class action against an investment company for breach of fiduciary duty, arising from its retention of kickbacks from mutual funds.
Murphy v. Gospel for Asia, Inc.
Western District of Arkansas. On behalf of a nationwide class of charitable donors, the firm’s lawyers settled claims for violations of RICO based on claims that contributions designated for specific purposes were diverted to non-charitable uses. The $37 million settlement is believed to be one of the largest in US history involving a non-profit entity.
Sager v. Inamed Corp.
California Superior Court, County of Santa Barbara. The firm’s lawyers helped litigate and settle a nationwide class action for $2.1 million based on allegations that the defendants deceptively advertised that their so-called “shaped” saline breast implants looked more “natural” than competitors’ breast implants.
Graham v. Capital one Bank (USA), N.A.
USDC, Central District of California. On behalf of a nationwide class, the firm’s lawyers helped obtain complete restitution and penalties totaling over $1.8 million after the defendant bank charged an undisclosed annual fee on its co-branded Best Buy credit cards.
Single-State Class Action Settlements
The firm’s lawyers have also had success in settling claims on behalf of classes consisting of residents of a single state:
Spann v. J.C. Penney Corp.
USDC, Central District of California. On behalf of a class of California residents, the firm’s lawyers litigated claims against a major retailer for violations of California law based on false discounts.
Kelly v. Big 5 Sporting Goods Corp.
California Superior Court, County of San Diego. The firm’s lawyers litigated a statewide class action against a major sporting goods store for misrepresenting the “regular” and “sale” prices of its tennis rackets sold in its California stores.
Shrestha v. NRT, Inc.
California Superior Court, County of San Diego. The firm’s lawyers helped litigate a case against a real-estate brokerage company who misrepresented fees related to California residential real estate transactions.
Courville v. UDR Western Residential, Inc., Case No. CC-00-01619-A, County Court at Law No. 1, Dallas County, Texas. On behalf of a class of Texas lessees, the firm’s lawyers settled claims for violations of the Texas Water Code, Texas Utility Code, and the Texas Debt Collection Practices Act.
Complex Business Tort Trials And Settlements
In addition to its class action practice, the firms’ lawyers have handled significant complex business tort and malpractice cases, ultimately recovering tens of millions of dollars for clients in settlements:
Dallas Bayou Bend Ltd. v. Henry S. Miller Commercial Co., Case No. 06-12902-A, 14th District Court, Dallas County, Texas. The firm’s lawyers took a jury verdict and large judgment against a commercial real estate brokerage, defended it through appeal to the Texas Supreme Court, and ultimately settled the client’s fraud claims after putting the defendant into involuntary bankruptcy.
Dallas Hockey Club, Inc. v. Comerica Bank—Texas N.A., Case No. 98-06889, 193rd District Court, Dallas County, Texas. On behalf of the former owner of the Dallas Stars, the firm’s lawyers settled claims against a national bank arising out of the sale of the team.
Guy F. Atkinson Co. of California v. PriceWaterhouseCoopers LLP, Case No. C-99-4334 (CRB), USDC, Northern District of California. During trial, the firm’s lawyers settled claims on behalf of a surety for accounting malpractice against a major national accounting firm.
Romano v. Gottlieb et al., Case No. 09-07049, 44th District Court, Dallas County, Texas. During trial, the firm’s lawyers reached a settlement of a client’s fraudulent inducement allegations arising out of the sale of a group of weight loss centers to an investment bank.
Swicegood v. Medical Protective Co., Case No. 3-95:cv-0335-D, USDC, Northern District of Texas. In an insurance coverage dispute, the firm’s lawyers reached a multi-million-dollar settlement over five times in excess of the policy limits with a medical malpractice carrier following a favorable jury verdict.
MRT, Inc. v. Haynes & Boone, LLP, Case No. CC-98-10075-b, County Court at Law No. 2, Dallas County, Texas. Just before trial, the firm’s lawyers reached a settlement of a client’s legal malpractice claim against a major law firm relating to a botched patent application.
Fidelity & Deposit Co. of Maryland v. Kramer & Assocs. CPAs, LLC., Case No. 13-2449-CM-TJJ, USDC, District of Kansas. Settlement of accounting malpractice claims on behalf of a surety.
Harlandale Ind. School Dist. v. Humberto Saldaña & Assocs., Inc., Case No. 2007-CI-00887, 37th District Court, Bexar County, Texas. Settlement of architectural malpractice claims on behalf of a surety.
Securities And Derivative Litigation
Serving as local counsel, liaison counsel, or co-counsel, the firm’s lawyers have helped achieve settlements in a number of securities and shareholder derivative cases, including the following:
Dixon v. Dollar General Corp., Case No. 01C-1322, 20th District, Circuit Court, Davidson County, Tennessee. Settlement of derivative litigation against directors of Dollar General Corporation for breach of the board’s fiduciary duties to the corporation and its shareholders.
Estate of Melissa Prince Quisenberry v. Alere Medical, Inc., Case No. CIV 476767, California Superior Court, County of San Mateo. On behalf of minority shareholders, the firm acted as sole lead counsel and settled the case for over $1.6 million based on allegations that the defendant directors and controlling shareholders breached their fiduciary duties when they sold their company to certain insiders and a private equity group.
In re TXU Corp. Derivative Litig., Case No. 07-01779, 44th District Court, Dallas County, Texas. Settlement of derivative litigation in connection with the solicitation of proxies in favor of a proposed management-led leveraged buyout.