Representative Results
Consumer Class Action
•Buske et al v. Owens Corning Corp, No. 16-cv-00709 (N.D. Ga.) (claims of defective roofing product against manufacturer satisfactorily settled);
•B&Z Auto Enterprises, Inc. v. AutoTrader.com, Inc., 16-cv-02313 (N.D.Ga.) (represented car dealers in putative class action alleging violations of state unfair and deceptive trade practices acts, breach of implied warranty, breach of contract and covenant of good faith, negligent misrepresentation, unjust enrichment, and intentional misrepresentation);
•Sturdivant v. Pella Corp., No. 2016-cv-00614 (M.D.Fla.) (represented consumer who purchased defective windows in putative class action alleging breach of express and implied warranty claims under state law and federal Magnuson-Moss Warranty Act);
•Edleson v. American Home Shield, No. 11-10459 (N.D. Ala) (claims against home appliance and equipment insurer satisfactorily settled);
•Schulte v. Fifth Third Bank, 09-CV-06655-RMD (N.D. Ill) ($9.5 million settlement in consumer fraud class action alleging improper bank overdraft charges);
•In re Chiquita Brands International ATA Actions: Pescatore et al. v. Chiquita, Sparrow v. Chiquita, No. 2009-cv-80683 (S.D. Fla.) (represented family members of American geologist kidnapped and murdered by FARC in Columbia in late 1990s in civil case under the U.S. Anti-terrorism Act against Chiquita for providing support to terrorist organization); and
•Eaves, et al. v. Earthlink, Case No. 05-CV-97274 (GA Superior, Fulton Cty) (acting co-lead counsel; recovery of on behalf of proposed class for improper termination fee charges, settlement value up to $26 million).
•Glass v. Delta Community Credit Union, No. 2019CV317322 (Sup. Ct, Ga.) (acting co-lead counsel, settlement value up to $2.9 million).
•Dennis et al v. Good Deal Charlies, Inc., No. 20-cv-295 (N.D. Ok.) (acting co-lead counsel in consumer product class action, estimated $15 million settlement value).
Business Litigation
•Hercules Capital, Inc. v. Gittleman, et al, 9:16-cv-81663 (S.D. Fla.) (represented $1.5 billion venture debt lender in fraud and misrepresentation claims against former officers of bankrupt borrower company; case settled post-trial);
•Coast Buick GMC Cadillac, Inc., et al. v. Mahindra d& Mahindra, LTD., 1:12-cv-01935 (N.D.Ga.) ($7.5 million recovery on behalf of national group of car dealers in fraud and unjust enrichment action against foreign auto manufacturer);
•In Re: Payment Card Interchange Fee and Merchant Discount Antitrust Litig., No. 1:14-md-01720-MKB-JO (E.D.N.Y.) (recovered over $5.6 million for antitrust class action settlement opt-out business plaintiffs in ongoing litigation; currently representing scores of other opt-out companies);
•In re NYSE Euronext (S.D.N.Y.) (action on behalf of shareholders challenging proposed merger with the Deutsche Boerse AG resulting in $900 million special dividend to NYSE Euronext shareholders if the merger were consummated and additional disclosures to investors regarding regulatory challenges of proposed merger);
•In re EON Labs (Del. Ch.) (represented shareholders of EON Labs challenging proposed merger with Swiss pharmaceutical company); and
•In re Hastings Entertainment (N.D. Tex.) (represented shareholders of Hastings Entertainment challenging proposed merger with company formed by Joel Weinshanker, who also owned Hasting’s supplier).
Securities Litigation
• In re Deutsche Telekom AG Securities Litigation, No. 00 Civ. 9475(SHS) (S.D.N.Y.) ($120 million recovery in securities fraud class action);
• In re Mutual Funds Investment Litigation, MDL 1586 (D.Md.) ($75 million recovery for mutual fund investors against multiple mutual fund companies for violations of federal securities and investment company laws);
• In Re: Providian Financial Corp. Sec. Litig., C 01-3952 (N.D. Ca.) ($65 million recovery in securities fraud class action);
• Central Laborers Pension Fund v. Sirva (N.D. Ill.) (securities fraud class action alleging misleading statements in prospectus regarding health of European business and method of calculating insurance reserves violated GAAP; settled for $53.5 million);
• Schulte v. Fifth Third Bank, 09-CV-06655-RMD (N.D. Ill) ($9.5 million settlement in consumer fraud class action alleging improper bank overdraft charges);
• South Ferry LP #2 v. Killinger, (Washington Mutual, Inc.); United States District Court for the Western District of Washington, Civil Action No. CV04-1599C ($41.5 million recovery in securities fraud class action);
• In Re: Dell, Inc., Securities Litig., 1:06-cv-726 (W.D.Tx.) (securities fraud class action) ($40 million recovery in securities fraud class action on the strength of the pleadings, notwithstanding an unfavorable ruling on the motion to dismiss);
• In Re: BellSouth Corporation Sec. Litig., United States District Court for the Northern District of Georgia, Civil Action No. 1:02-CV2142-WSD ($35 million recovery in securities fraud class action);
• In re Beazer USA, Inc. Securities Litigation, 1:07-cv-725-CC (N.D. Ga.) ($30.5 million recovery in securities fraud class action);
• In Re: Evergreen Ultra Short Opportunities Fund Securities Litigation, United States District Court for District of Massachusetts, Civil Action 1:08-cv-11064-NMG (appointed co-lead counsel; $25 million recovery in securities fraud class action);
• Baker v. MBNA Corp., 05-cv-0272 (D. Del.) ($25 million recovery in securities fraud class action);
• In Re: Cryolife Sec. Litig., No. 1:02-CV-01868 (N.D. Ga.) ($23.25 million settlement in securities fraud class action);
• Plymouth County Retirement Systems v. Carter’s, Inc. et al., 08-CV-2940-AT (N.D. Ga.) (appointed liaison counsel; total recovery against officers and directors and outside auditors of over $23 million in securities fraud class action);
• In Re: AFC Enterprises Sec. Litig., No. 1:03-CV-817 (N.D. Ga.) ($18 million recovery in securities fraud class action);
• In Re: NPS Pharmaceuticals, Inc. Sec. Litig., No. 06-cv-00570 (D.Utah) ($15 million recovery in securities fraud class action);
• In Re: Internap Network Services Corp. Securities Litig., 1:08-cv-03462-JOF (appointed liaison counsel; $9.5 million settlement in securities fraud class action);
• Welmon v. Chicago Bridge & Iron Co. N.V. (S.D.N.Y.) (securities fraud class action alleging that the company was materially overstating its financial results by utilizing improper accounting and not following its publicly stated revenue recognition policies; settled for $10.5 million);
• Primavera Investors v. Liquidmetal Technologies, Inc., 8:04 CV 919 T 23EAJ. (M.D. Fla.) ($7.025 recovery in securities fraud class action);
• In re Atlas Air Worldwide Holdings, Inc. Securities Litigation, No. 02 Civ. 8334(WCC). (S.D.N.Y) ($5.5 million recovered in securities fraud class action);
• Marsden v. Select Medical Corp., 04-cv-4020 (E.D. Pa.) ($5 million recovered in securities fraud class action);
• PLA LLC v. Advanced Neuromodulation Systems Inc., 4:05-CV-00078 (E.D. Tex.) ($5 million recovery in securities fraud class action);
• In Re: First Horizon Pharmaceutical Corporation Sec. Litig., United States District Court for the Northern District of Georgia, Civil Action No. 1:02-CV-2332-JOF ($4.65 million recovery in securities fraud class action); and
• Friedman v. Rayovac Corp., 02-C-0308-C, 02-C-325-C, 02-C-370-C (M.D. Wisc.) ($4 million recovery in securities fraud class action).
Commenting on the “favorable” $25 million securities fraud settlement achieved for the class, the Hon. Nathaniel M. Gorton stated:
“[The recovery was] the product of considerable time and labor expended by Lead Counsel who faced novel and difficult legal obstacles …” and was “due, at least in part, to the quality of the representation provided by Lead Counsel.”
In Re: Evergreen Ultra Short Opportunities Fund Securities Litigation, United States District Court for District of Massachusetts, Civil Action 1:08-cv-11064-NMG (Dec. 12, 2012, D. Mass).
Shareholder Derivative Litigation
• In Re: Bank of America Corp Stockholder Derivative Litigation, C. A. No. 4307-VCS (Del. Ch.), and intervention action in In Re: Bank of America Corp. Securities, Derivative, and Employee Retirement Income Security Act (ERISA) Litigation, Master File No. 09-cv-00808 (S.D.N.Y.) (appointed co-lead counsel; increase of competing inadequate $20 million settlement of shareholder derivative class action regarding purchase of Merrill Lynch to $62.5 million);
• Kirschner et al. v. Hermelin et al. (Probate Court, St Louis County, Missouri) (obtained confidential settlement from trustees for breach of fiduciary duties in loss of $150 million in two family trusts);
• Pierce/Ferber v. Fairfield Greenwich Group, et al. (N.Y. Sup. Ct.) (represented Madoff investors through largest Madoff feeder funds in derivative action on behalf of the funds against fund managers, auditors and administrators);
• In Re: Ebix. Inc. Shareholder Derivative Action, Superior Court of Fulton County, GA, Civil Action No. 2011CV205276 (appointed liaison counsel; strong corporate governance improvements in resolution of derivative shareholder class action against directors for alleged breaches of fiduciary duties, abuse of control, and gross mismanagement of public company);
• In Re: EasyLink Services International Corp., Superior Court of Gwinnett County, GA, Civil Action No. 12A-04020-3 (appointed liaison counsel; achieving material, supplemental disclosures regarding terms and valuation of public company in connection with acquisition in resolution of derivative shareholder class action against directors of public company);
• In Re: Comprehensive Care Corp. Shareholder Litig., Cons. C.A. No. 2692 (halted procedurally unfair merger);
• Lane v. Beeland Management Co. (Ill. Cir. Ct.) (represented investors in derivative action on behalf of public commodities fund caught in the Refco bankruptcy); and
• Criddle v. CNF, Inc., CA No. 434340 (San Mateo, Ca.) (derivative action resulted in corporate governance changes to address specific misconduct alleged in the complaint relating to aircraft safety and maintenance reporting issues).
Wage And Hour/ERISA Litigation
• Turner et al v. Metro Waterproofing, Inc., No. 16-cv-00728 (N.D. Ga.) (satisfactory settlement on behalf of multiple hourly workers who were routinely not paid for their driving time to and from their work site);
• Arnold, et al. v. Clayton County School District, No. 1:12-cv-03455 (N.D. GA.) and Broome, et al. v. Clayton County School District, 1:15-cv-03066-SCJ (N.D. GA.) (wage and hour recovery of over $1 million on behalf of group of custodial workers who were routinely not paid for their lunch and break time);
• In re BP ERISA Litigation, No. 2010-cv-04214 (S.D. Tex.) (Represented retirement plan participants in the BP America pension plan in ERISA class action alleging breach of fiduciary duty by ERISA fiduciaries in the wake of the Gulf Oil Spill); and
• Sewright v. ING Groep N.V, No. 1:09-cv-00400-JEC (N.D. GA.) ($3.5 million recovery for ERISA class of employees).