Attorney Ted Frank: Modern Day Robin Hood Fights for the Class

November 16th, 2010. By BrendaC

This new column at LawyersandSettlements.com looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we talk with Ted Frank, founder and president of the Center for Class Action Fairness…

Attorney Ted Frank: “I don’t like injustice.” 

You can think of attorney Ted Frank as the new Robin Hood of the litigation system. “I just don’t like injustice,” says Frank in a matter-of-a-fact kind of way late on a Friday afternoon speaking from his office in Washington, D.C. “Many class action settlements are negotiated for the benefit of the attorneys rather than the consumers they are representing.”

And when that happens, Ted Frank and the Center for Class Action Fairness, which he founded two years ago, will step in and as he says “balance the scales on behalf of class members.” 

 

Consider a California class action against Honda in which it was successfully argued that the car maker had overstated the per-gallon mileage achieved by its hybrids. The un-named members of the class, as agreed by Honda and the class action lawyers, would get a $500 coupon good toward the purchase of another Honda.

The class members would receive no money—instead they got a coupon which Frank describes as essentially a marketing device. “There was nothing stopping Honda from raising the price the car, the coupon was only good for six months and it applied to only Honda’s less popular vehicles,” explains Frank. “And before you could even use the coupon you had to agree to watch a 30 minute video about Honda fuel efficiency.” 

Meanwhile says Frank “the attorneys would get $4 million.”

The judge in the case threw out the settlement as a result of the intervention by the Centre for Class Action Fairness. The parties were forced to go back and come up with a deal that better serves the class members.

This is not happening in “smoked filled rooms where attorneys and defendants get together and figure out how to rip off the class,” say Frank. He describes it instead as a warped litigation system where everyone knows what the other side wants.  “There is sort of this Kabuki dance where they pretend to be negotiating on behalf the class and instead negotiate for the attorneys and not at all for the class.”

Of course, not every class action lawsuit is settled in such a way as to unreasonably favor the attorneys involved (see our prior post on the “fairness” of Tyson Chicken settlement compared to an Expedia settlement). But, according to Frank, unless the judge keeps a steely eye—or the Center for Class Action Fairness shows up to fight for class members—bad things can, and do, sometimes happen.

The Center is a non-profit public interest law firm. “Our budget is funded through a charitable foundation and generous benefactors. Some are anonymous donors,” says Frank, “and I like it that way—that way when I make a decision I am not worrying about who I might offend.”

“I saw a need, I saw a problem and I wasn’t satisfied with what I saw—and judges are all over the map in terms of the scrutiny they give class actions,” Franks says.

“I am hoping to move the law to better place,” says Frank about what motivates him to tackle a system that allows trial lawyers to help themselves to money that should be going to the members of the class.

Ted Frank is the founder and president of the Center for Class Action Fairness. Before that Frank was a fellow wit the American Enterprise Institute and director of the AEI Legal Center for the Public Interest. He is also a member of the American Law Institute.

Bake Sale, Boobies and Busted: it’s Tortelicious

November 16th, 2010. By LucyC

This week’s theme seems to be Adults Behaving Badly…

What’s the betting they become bankers when they grow up…a couple of enterprising 13-year old boys in Chappaqua, NY were shut down by police recently for selling cupcakes, cookies, brownies and Rice Krispie treats for $1 each in a local park without a permit.

They didn’t know they needed a permit—which incidentally costs between $150 to $350 for two hours, not including the $1 million insurance certificate which is also required, according to a local paper. The math was definitely not in their favor. Too bad, because according to The Journal News in Westchester County, Andrew DeMarchis, Kevin Graff, and two other friends, Zachary Bass and Daniel Katz, wanted to make enough money to open their own restaurant. Hey, it’s possible. They made $120 on their first day.

But, a local councilman, Michael Wolfensohn, called the police after discovering the profits were not going to charity. And some poor policeman had the unpleasant task of having to tell the boys to dismantle their stall. Andrew DeMarchis’ mother, Suzanne DeMarchis, was called to the park in response to the police call. She said the officer was extremely pleasant. “He said he was sorry to have to do this, but that he was following up on a report filed over the phone by a Town Board member,” she told The Journal News. “Kevin was so upset, he was crying all the whole way home. He was worried if he was going to get arrested or have a criminal record.”

Well, at least the good citizens and councilmen of the neighborhood can rest easy knowing they are no longer under threat from random acts of capitalism—at least not in their backyard…

Good cause is now cause for a lawsuit. I really don’t know where to start with this one—so here it is. A lawsuit was filed against a Pennsylvania school district recently over freedom of speech. The suit was filed by two mothers whose daughters were suspended for wearing rubber “I ♥ boobies!” bracelets. Ok. Now I really do think the inmates are running the asylum.

Used to raise awareness about breast cancer, the bracelets have become tremendously popular, particularly among students. But the phrase—or more likely the word ‘boobies’—has prompted bans on the bracelets all across the US—from Florida to California.

In fact, the American Civil Liberties Union believes the lawsuit is the first in the country over a school’s ban on the bracelets. According to the ACLU, the district banned the bracelets in October. Up until that point the students had been wearing them without serious incident.

Apparently, school officials argue that the slogan is distracting and demeaning, and that some staff feel it trivializes a serious illness. I would have said that’s their problem, frankly. But apparently it’s not—it’s the children’s. They found themselves hauled into the principal’s office, suspended and banned from school dances for a month. Really.

“The First Amendment does not allow schools to censor students’ speech merely because some students and teachers are offended by the non-vulgar educational message, and silencing the speakers because other students may react inappropriately would amount to a constitutionally impermissible heckler’s veto,” the ACLU said in the suit.

Sounds like it’s the educators who are in need of educating.

How many ways can your luck run out? Ask Wendy Singleton, who was arrested after the monster cruise ship Carnival Splendor limped into port in San Diego last Thursday. No sooner had the ship docked than 40-year old Wendy was arrested by police. She was wanted in Las Vegas on a felony grand theft warrant and is now incarcerated in jail. Oh well, at least there’s power and flushing toilets.

I guess she thought she could jump ship quietly somewhere—but apparently all passengers on international cruises are routinely checked to see if there are any warrants outstanding against them. Good to know…a little late for Wendy though.

DePuy Hip Replacement Signs of Trouble

November 12th, 2010. By AbiK

One of the most interesting things I’ve come across while reading some DePuy ASR Hip Replacement recall message boards is that many hip replacement patients don’t seem to even know what hip implant they received. The upshot of that is that, at the least, they have no clue what’s been put inside their bodies, and at the worst, if there is a problem with the implanted medical device, they may not know it—or news of such must rely on a string of communications from manufacturer to health provider to patient—and that’s if you’re lucky.

So news of the DePuy hip implant recall may—or may not—have reached those who actually have received the ASR hip replacement—and that’s not an ideal situation for such a serious recall.

The DePuy hip replacement recall was for about 93,000 units of the DePuy ASR Hip (manufactured by DePuy Orthopaedics). While some online reports were suggesting that upwards of 80,000 DePuy ASR Hip patients may ultimately need hip replacement revision surgery, studies have been done that suggest the rate of hip revision surgery is more in the range of 12-13%—meaning that one in twelve to thirteen DePuy Hip patients may well need hip revision surgery within five years of having their initial DePuy hip replacement surgery.

So if you’re one of those patients—one of the 12-13%–how would you know it?

From actual reader comments, it sounds like one of the main symptoms is the inability to squat—at least not to the full range that you should be able to post-surgery and post-therapy. There have also been first-hand reports of things like still using crutches for much longer than the usual timeframe anticipated post-hip replacement surgery. But the main signs to look for—those that appear to be consistent among patients with a defective DePuy ASR hip implant are these:

• Pain—or continued pain—in the hip, leg, lower back or groin area, after the appropriate healing time has passes
• The feeling that something is “loose” in your hip
• A “clicking” sound in the hip area
• The feeling that the hip is slightly dislocated or not fully connected while in motion, particularly when standing up or lowering oneself, or during general leg/hip movements
• The inability to fully move within the normal range of one’s physical activity

Given that DePuy lawsuits have been filed, and that seeking legal help may be the only way for someone who’s received a defective DePuy hip replacement to ensure that they get any damages that may be awarded to them, if you’ve had hip replacement surgery and are experiencing any of the above symptoms and they don’t appear to be going away, you should first contact your doctor and/or surgeon to find out the manufacturer and make of the hip implant you received. If it was indeed the DePuy ASR hip, you should most likely speak with an attorney who specializes in DePuy hip lawsuits.

Asbestos News Roundup: 11.12.10

November 12th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. 

Asbestos Lawsuits

St. Clair, IL: Three asbestos lawsuits were recently filed in St. Clair, IL. The first involves Perry and Dora Shockley, who filed an asbestos lawsuit naming 57 defendant companies. The suit alleges that the defendants caused Perry Shockley to develop lung cancer after his exposure to asbestos-containing products throughout his career. The suit states that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Perry Shockley’s safety.

In their suit, the Shockley’s allege that Perry’s exposure began when he was just 11 years old, when he worked as a milk truck driver. During his working life, Mr. Shockley also worked as a a press operator, at Daniels Construction, at a tobacco plant, at American Enka, at Oakridge National Lab, at Kingston Power Plant, at Tennessee Eastman Corp., at Holston Defense Corp., at Atomin Bomb Plant, at E.I. DuPont, at Bull Run Steam Plant and at his own fabricating shop, according to the complaint.

As a result of his asbestos-related diseases, Mr. Shockley alleges that he became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish. Additionally, he eventually was unable to pursue his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the suit alleges.

The Shockleys are seeking a judgment of more than $50,000, punitive and exemplary damages of more than $100,000, compensatory damages of more than $100,000 Read the rest of this entry »

Is This What Our Vets Fought For? We’ve gone AWOL on them…

November 11th, 2010. By Hunter West

It’s Veteran’s Day today. A day when the country stops (hopefully), to give pause to those brave men and women who fought the great fight, so that we may be free. 

But there’s more to it than that. Our veterans served with honor, on behalf of their countrymen. Their country. 

What would they think of how [much of] America conducts itself today? 

Greedy banks granted mortgages, and loaned money to people who could ill afford to support the payments, all in the name of getting more business on the books than the next guy. That’s the simple answer for the sub-prime mortgage mess that resulted in the burst of the housing bubble and driving the US economy into a deep recession. 

Thousands have lost their homes, their jobs, and their livelihoods due to greed on the part of others. 

Is this what our veteran’s fought for? 

Some drug manufacturers sell pharmaceuticals while knowing they could be harmful—even Read the rest of this entry »