Posts Tagged ‘ Class Action ’

Can I still File a Lawsuit if there’s already a Settlement?

January 18th, 2011. By Kristine B

Good question—and this week, Pleading Ignorance answers it. It’s a question a lot of people have: Can I still file a lawsuit if there’s already a settlement? I spoke with attorney J. Benton Stewart of Stewart Law, P.L.L.C. to better understand the in’s and out’s of class action settlements and when it’s best to file your lawsuit. 

Before we can answer that question, we have to first understand how class action lawsuits and settlements work.

Class action lawsuits can be opt-in or opt-out lawsuits.

Opt-in Class Action Lawsuit

If they are opt-in, then you have to ask to be part of the lawsuit. Typically, with an opt-in class action, you have to submit a claim form indicating that you wish to be a part of the class action—you have to officially “opt in”. If on opt-in class action lawsuit settles and you weren’t part of the class, you’re still free to bring about your own lawsuit. If you were part of the class, then you can’t bring one of your own.

Opt-out Class Action Lawsuit

In an opt-out lawsuit, you’re automatically part of the class regardless of whether or not you meant to be—you have to tell the claims administrator that you don’t want to be part of the class before you’ll be taken out. In this situation, if you haven’t told them that you do not want to be part of the class and the lawsuit settles, you can’t bring your own lawsuit. Basically, if you’re included in a class that settles, either because you chose to be or because you didn’t opt-out, you can’t bring your own lawsuit.

Bottom line, if you think you may want to file your own lawsuit against the defendant in the class action lawsuit, you cannot have been a member of the class (ie, the plaintiffs) of the class action. Still with me? 

Of course, there’s more to it than that because of how settlements normally work. 

Class Action Lawsuit Settlements

Once a settlement is announced, usually a pool of money is set aside to pay all the claims. Instead Read the rest of this entry »

Tags: Attorney J Benton Stewart, Ben Stewart, Class Action, File Lawsuit, Pleading Ignorance, Settlement
Posted in Emerging Issues, Pleading Ignorance | 21 Comments »

Applying for College? Take Notes on Westwood College Lawsuit

August 24th, 2010. By AbiK

Here’s a little tale of a consumer fraud class action lawsuit for you…

Girl finishes high school.

Girl wants to go to college.

Girl wants to be first in family to go to college.

Girl visits Westwood College in Denver, Colorado.

Girl wowed by representative at Westwood College.

Girl really wowed when told she’d be making $65k in fashion career upon graduation.

Girl signs on.

Girl takes out loans.

Girl graduates. In debt.

Girl makes $12 an hour as a bank teller.

Girl not happy.

Actually, girl pissed.

Ahh, the joys of the college go-see. The pre-admissions promises made. The distinguished alumni stories told. The bullshit, quite frankly. Not that you don’t leave most colleges with an education and a diploma in the end—and let’s face it, try getting a higher paying job without that little slip of paper. But my heart goes out to this girl—who happens to be Read the rest of this entry »

Tags: Class Action, College Recruiting, Consumer Fraud, Krystle Bernal, Westwood College
Posted in Class Action, Consumer Fraud, Emerging Issues | 2 Comments »

AG Edwards Settlement has Plaintiffs Ticked Off

March 29th, 2010. By AbiK

And I have to say, I’d be ticked too.

Plaintiffs got a little gift in their mailboxes last week: they received notice of the proposed settlement from the AG Edwards class action. Guess how much some plaintiffs are receiving? The initial report of the proposed settlement put the average payout at $20-25 customer. One commenter at LawyersAndSettlements.com quotes his notice as saying he’ll receive $20.42. You can read the notice yourself at agedwardsclassactionsettlement.com. (Note the name change of the website—prior to the proposed settlement, the site was agedwardsclassaction.com; the URL has been updated to reflect that the case now has a propsed settlement.)

Keep in mind, if you’ve read the comments that came flowing in from our post on where the AG Edwards class action suit was heading, many of the Class Members claim they lost their “life savings” compliments of AG Edwards. And remember, this was back during a class period of 2000 – 2005—not post-2008 when we all saw our savings take a dive.

The AG Edwards class action had been brought against the brokerage firm in 2005 claiming that AG Edwards breached its fiduciary duties to the Plaintiffs (folks who owned AG Edwards accounts) and that AG Edwards was “unjustly enriched by receiving millions of dollars in improper payments from mutual fund companies whose funds were held by Plaintiffs“. The Class Period had covered five years—and getting to a proposed settlement then took five years.

That’s a long time to wait for some resolution and ideally, restitution.

Another aspect of the proposed settlement is what the lawyers’ take will be. Apparently it’s $21 million—plus $600,000 in expenses. That’s 35% of the total proposed settlement of $60 million—and Read the rest of this entry »

Tags: AG Edwards, AG Edwards Settlement, Class Action, Mutual Funds, Wells Fargo
Posted in Class Action, Emerging Issues, Financial, Securities, Settlement | 48 Comments »

Ambulance Chasing? Not according to them…

January 16th, 2010. By AbiK

One of the comments we hear from time to time at LawyersAndSettlements.com is…”But aren’t you just ambulance chasing?” And it’s a question class action litigators get all the time, too. So I thought I’d take a moment to reflect on just what it is that brought us here…comments—and pleas for help—like these:

“I want to thank you for writing about Mike and Cipro. Perhaps the story can help someone. I hope so. I’m sure someone working for Bayer has read the story by now. Thank you for not letting them forget what they’ve done to him.”

———————

“Hello Heidi – Gosh – Your article had been excellent and explained in basic terms that I think a lot of readers will relate to. I know I read all the testimonials to find out what other people are experiencing and that is a big help for me to determine what I will do with certain products. I am very glad to have spoken with you and Thank You for having contacted me”

———————

“Hi. Can you please send me the information on getting your home checked? I live in a Read the rest of this entry »

Tags: ambulance chaser, Class Action
Posted in Class Action, Settlement | No Comments »

2009 – That’s a Wrap!

December 29th, 2009. By LucyC

Well, it’s been a busy year for lawyers—and class actions were certainly popular. Employment class actions, comprised of allegations of unpaid overtime and wages and violations of the Federal Fair Labor Standards Act (FLSA) were among the most commonly filed lawsuits. Seems there’s no shortage of companies willing to fiddle the math. Even the biggies—Costco, McDonalds, AT&T, Marriott, Bank of America, Wells Fargo, UPS, Starbucks, Dominos Pizza—even Hooters! And I could go on. 

Other hot topics in 2009, included Chinese Drywall.

Who in this part of the world (and presumably China) has not heard of Chinese Drywall by now? Estimates suggest that possibly 100,000 people are affected by this toxic home building product, and on December 9, a federal class action was filed against Knauf Plasterboard Tainjin Co. Ltd. (KPT), one of the primary manufacturers implicated in the debacle. 

Overdraft fees were also a topic close to many peoples’ hearts in 2009. Bank Atlantic was one institution hit with a class action for allegedly manipulating the posting dates of consumer debit card and check transactions so they could make more money on customers’ overdraft fees. 

And speaking of fees, the issuers of prepaid debit cards also had their toes to the fire this year, among them Green Dot Visa for allegedly charging high fees on their ‘prepaid debit cards.’ 

Unfortunately, asbestos mesothelioma lawsuits—individual lawsuits not class actions—remained prominent this year. As more retirees are only now being diagnosed with the asbestos-related Read the rest of this entry »

Tags: Asbestos, Asbestos Mesothelioma, chinese drywall, Class Action, Drugs, Employment, Settlement
Posted in Class Action, Settlement | No Comments »