Cases

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:

Murphy v. Gospel for Asia, Inc., Case No. 5:17-cv-05035-ELW, USDC, Western District of Arkansas. On behalf of a nationwide class of charitable donors, the firm 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.

Haddock v. Nationwide Life Ins. Co., Case No. 3:01-cv-1552 (SRU), USDC, 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, the firm settled claims for violations of ERISA. The settlement, in excess of $100 million, was the second-largest reported settlement of 2014.

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 helped resolve a nationwide class action related to telephone customers’ overpayment of ancillary charges to their carriers.

Spahn v. Edward D. Jones & Co., Case No. 4:04-cv-00086, USDC, Eastern District of Missouri.  The firm 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. The case settled for over $127 million.

Bachman v. A.G. Edwards, Inc., Case No. 22052-01266-03, Circuit Court of the City of St. Louis, State of Missouri. The firm 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.

Sager v. Inamed Corp., Case No. 01043771, California Superior Court, County of Santa Barbara. The firm 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., Case No. SACV13-743 JLS (JPRx), USDC, Central District of California. On behalf of a nationwide class, the firm 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.

Carr v. Nationwide Life Ins. Co., Case No. 05-CVH2 01644, Common Pleas Court, Franklin Co., Ohio. On behalf of a nationwide class of term life insurance purchasers, the firm settled common law claims challenging the insurer’s modal premium overcharges.

Parker v. Sears, Roebuck & Co., Case No. 04-L-716, 3rd Judicial Circuit, Madison Co., Illinois. The firm helped settle the claims of a nationwide class of over four million customers who bought free-standing ranges from Sears, resulting in reimbursement and the retailer’s agreement to install anti-tip brackets.

Felker v. American Airlines, Inc., Case No. 4:97-cv-510, USDC, Northern District of Texas. On behalf of a nationwide class of former AirCal pilots, the firm settled claims under ERISA related to pension benefits.

Garza v. Ticketmaster Group, Inc., Case No. 01-30, USDC, Eastern District of Texas. On behalf of a nationwide class of customers of Ticketmaster, the firm settled claims on behalf of customers who bought tickets with a credit card and paid illegal surcharges.

General Motors Corp. v. Bloyed, Case No. 94-0777, Supreme Court of Texas. The firm helped settle major nationwide class action litigation involving pickup trucks manufactured by General Motors.

Rosted v. First USA Bank, Case No. C97-1482-L, USDC, Western District of Washington. On behalf of a nationwide class of consumer borrowers, the firm settled claims against a bank for violations of the Truth in Lending Act.

Single-state class action settlements

The firm has also had success in settling claims on behalf of classes consisting of residents of a single state:

Spann v. J.C. Penney Corp., Case No. CV 12-0215 FMO (KESx), USDC, Central District of California. On behalf of a class of California residents, the firm litigated claims against a major retailer for violations of California law based on false discounts. The case settled for $50 million.

Kelly v. Big 5 Sporting Goods Corp., Case No. 37-2009-00095594, California Superior Court, County of San Diego. The firm 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. The case settled for more than $4 million.

Shrestha v. NRT, Inc., Case No. GIC 798126, California Superior Court, County of San Diego. The firm helped litigate a case against a real-estate brokerage company who misrepresented fees related to California residential real estate transactions. The statewide class action resulted in a settlement valued at $3.6 million.

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 settled claims for violations of the Texas Water Code, Texas Utility Code, and the Texas Debt Collection Practices Act.

Freundlich v. Southwestern Bell Mobile Systems, Case No. 94-3830, 193rd District Court, Dallas County, Texas. On behalf of a class of Texas residents, the firm settled claims for breach of contract and deceptive trade practices against a mobile carrier.

State Farm Mut. Ins. Co.  v. Morales, Case No. 9601410, 98th District Court, Travis County, Texas. On behalf of a class of Texas residents, the firm settled claims against major insurers for violations of the Texas Insurance Code relating to claims procedures for automobile policyholders.

Complex business tort trials and settlements

In addition to its class action practice, the firms’ lawyers have taken significant complex business tort and malpractice cases to trial and verdict, 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 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 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 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 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 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 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.

Crawford Electric Supply Co., Inc., v. Summers Group, Inc. and Summers Electric Company, Inc.,  Case No. 93-2523, 101st District Court, Dallas County, Texas. Following a jury verdict ($1 million actual damages and $2.5 million punitives), the firm settled a significant claim for tortious interference with business relations on behalf of its client, a large independent electrical supplier.

Securities and derivative litigation

Serving as local counsel, liaison counsel, or co-counsel, the firm has helped achieve settlements in a considerable number of securities and shareholder derivative cases:

In re Affiliated Computer Services Derivative Litig., Case No. 06-03403, 193rd District Court, Dallas County, Texas. The firm helped reached a settlement in a derivative case against officers and directors of Affiliated Computer Services related to options backdating.

Scheiner v. i2 Technologies Inc., Case No. 3:01-cv-418-H, USDC, Northern District of Texas. Settlement of a nationwide securities class action on behalf of shareholders of i2 Technologies for violations of the Securities Exchange Act.

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.

In re UICI Shareholders Litig., Case No. 05-09693, 101st District Court, Dallas County, Texas. Settlement of a nationwide securities class action on behalf of shareholders of UICI Corporation for violations of the Securities Exchange Act.

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 Drkoop.com Securities Litig., Case No. 00-CA-427-RJN, USDC, Western District of Texas. Settlement of a nationwide securities class action on behalf of shareholders of drkoop.com for violations of the Securities Exchange Act.

Seigel v. Dynamex, Inc., Case No. 98-cv-2883-H, USDC, Northern District of Texas. Settlement of a nationwide securities class action on behalf of shareholders of Dynamex, Inc. for violations of the Securities Exchange Act.

Claire Partners v. Dave & Buster’s Inc.., Case No. 06-00628, 101st District Court, Dallas County, Texas. Settlement of derivative class action litigation against certain officers and directors seeking to enjoin an inadequately-priced merger agreement.

In re Dean Foods Co. Derivative Litig., Case No. 06-06692, 95th District Court, Dallas County, Texas. Settlement of derivative litigation against officers and directors resulting from improperly backdated grants of stock options to executives.

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.

In re Patterson-UTI Energy, Inc., Case No. 22373, 132nd District Court, Scurry County, Texas. Settlement of a derivative litigation against officers and directors arising out of self-dealing and embezzlement of company funds by a former chief financial officer.

In re 7-Eleven, Inc. Shareholders Litig., Case No. 05-08944, 298th District Court, Dallas County, Texas. Settlement of derivative litigation on behalf of a class of shareholders for the company’s breach of fiduciary duties and good faith in connection with an inadequate tender offer.