Federal Court Finds Wells Fargo Improperly Assessed Overdraft Fees, Orders $203 Million in Restitution
August 10, 2010, San Francisco, CA -- In a class action lawsuit by California consumers charging that Wells Fargo Bank manipulated its processing of customer debit card purchases to maximize overdraft fees, U.S. District Court Judge William Alsup held in a 90-page opinion that Wells Fargo violated California law. Instead of posting each transaction chronologically, the evidence presented at trial showed that Wells Fargo deducted the largest charges first, drawing down available balances more rapidly and triggering a higher volume of overdraft fees. Commenting on the decision, lead trial attorney Richard M. Heimann stated: "This is not only an actual victory for Wells Fargo customers, but a symbolic victory for consumers throughout the country who are subjected to these kinds of oppressive business practices." Learn more.
ABA Commission on Women in the Profession Honors Elizabeth J. Cabraser
August 8, 2010, San Francisco -- At the annual meeting of
the American Bar Association,
the ABA Commission on Women in the Profession honored five women, including Elizabeth J.
Cabraser, with the Margaret Brent Women Lawyers of Achievement Award. Regarded by many as
the highest honor in the legal profession for women lawyers, the award recognizes and
celebrates the accomplishments of women lawyers who have excelled in their field and have
paved the way to success for other women lawyers. During her acceptance speech, Ms. Cabraser
spoke about the still-long road ahead to true equality. "Until we are all ordinary and
have ordinary rights and opportunities, none of us can become extraordinary," she said.
The event marked the 20th Anniversary of the Brent Awards, which are named after Margaret
Brent, the first woman lawyer in America.
NAWJ to Honor Kelly M. Dermody at Annual Conference
August 4, 2010, San Francisco, CA The
National Association of Women Judges (NAWJ) announced that Lieff Cabraser attorney
Kelly M. Dermody will receive NAWJ's 2010 Florence K.
Murray Award for her impact on women in the law. The award will be presented at
NAWJ's annual conference to be held in October 2010 in San Francisco. Each year,
NAWJ recognizes a non-judge who has influenced women to pursue legal careers, opened
doors for women attorneys, or advanced opportunities for women within the legal
profession. Past recipients of the Florence K. Murray Award include former U.S.
Attorney General Janet Reno and Professor Judith Resnik of Yale Law School.
Catholic Healthcare West Settlement Continues to Generate Substantial Discounts for Uninsured Patients
August
3, 2010, San Francisco, CA -- As part of a national class action resolved in 2007, Catholic
Healthcare West (CHW) agreed to provide automatic discounts on all uninsured patient
billings going forward, regardless of whether the patients qualified for charity care. In
the latest six-month reporting period (through June 30, 2010), CHW reported that over
171,000 uninsured patients received this discount, resulting in savings of $116 million
from charges assessed by CHW hospitals. The class action lawsuit against CHW challenged
alleged price gouging by CHW against uninsured patients for medical care. "Under the
settlement, CHW agreed to end price discrimination against uninsured patients, maintain
generous charity case policies allowing low-income uninsureds to receive free or heavily
discounted care, and protect uninsured patients from unfair collections practices,"
stated Lieff Cabraser attorney Kelly M. Dermody. "We
are gratified that so many uninsured patients continue to benefit from the
settlement."
New York State Comptroller Files Securities Fraud Lawsuit Against Bank of America
July 22, 2010, New York, NY -- New York State Comptroller Thomas P. DiNapoli, as trustee of the New York State Common Retirement Fund (the "Fund"), today filed a lawsuit against Bank of America for violating federal securities laws. The complaint seeks recovery of losses the Fund incurred based upon Bank of America's alleged misrepresentation and concealment of material facts in connection with its purchase of Merrill Lynch. Lieff Cabraser serves as co-counsel for Comptroller DiNapoli.
Steven E. Fineman Named President-Elect of the Public Justice Foundation
July 14, 2010, Washington, D.C. -- The Public Justice Foundation has named Lieff Cabraser Managing Partner Steven E. Fineman its President-Elect. The Foundation's Board of Directors includes many of the nation's most distinguished and accomplished attorneys. The Public Justice Foundation is a not-for-profit, membership organization that supports Public Justice, P.C., a national public interest law firm. Public Justice, P.C., is dedicated to fighting for justice through precedent-setting and socially significant individual and class action litigation. Learn more...
June 24, 2010, San Jose, CA -- Consumers who purchased Apple iPads with 3G capability and signed up for the "unlimited data" plan offered by AT&T for iPad filed an amended complaint against Apple and AT&T alleging that the two companies misrepresented the data plan for customers who purchased a 3G iPad, which costs $130 more than the standard iPad. Six weeks after being introduced to the U.S. market, AT&T discontinued its unlimited data plan. "Apple and AT&T," stated Lieff Cabraser attorney Michael W. Sobol, "should have known at the time they were promoting the availability of unlimited data plans they were not going to keep their promise." Learn more about the iPad data plan lawsuit.
June 14, 2010, San Francisco, CA -- The U.S. Court of Appeals for the Ninth Circuit denied defendants' petition for permission to appeal the district court's class certification order. On March 28, 2010, U.S. District Court Judge Susan Illston granted the motion for class certification filed by direct purchasers of flat-panel TV screens and other products incorporating liquid crystal displays. Plaintiffs charge that the world's leading manufacturers of Thin Film Transistor Liquid Crystal Displays ("TFT-LCDs") conspired to raise, fix, maintain, and stabilize the prices of TFT-LCDs through group and bilateral meetings, as well as telephone and email communications. Lieff Cabraser serves as Co-Lead Counsel in the nationwide class action litigation. Learn more about the TFT-LCDs antitrust class action.
Robert J. Nelson Participates in False Claims Act Roundtable
June 1, 2010, San Francisco, CA -- In the June 2010 California Lawyer roundtable, Lieff Cabraser partner Robert J. Nelson addressed important legislative changes in False Claims Act law. Nelson also discussed the impact of recent decisions on interacting with governmental entities while bringing whistleblower actions, summarized Lieff Cabraser's successful prosecution of a False Claims Act against the University of Phoenix, and discussed possible future actions under California's insurance anti-fraud statute. Read the discussion.
May 14, 2010, San Diego, CA -- Lieff Cabraser attorneys and co-counsel representing ciprofloxacin ("Cipro") consumers who were forced to overpay for the medication are asking a California appellate court to reverse a lower court ruling that set aside antitrust claims against Bayer Corporation and several generic competitors. The case involves the $398.1 million exclusionary reverse payment agreement Bayer made with generic competitors to keep a generic equivalent of Cipro from the marketplace, and thereby maintain Cipro prices at artificially high levels. The plaintiffs are a certified class of California consumers, union health and welfare funds, and others. To read a copy of the brief filed by the plaintiffs, click here.
Elizabeth J. Cabraser and Kelly M. Dermody Recognized As Top Women Litigators
May 13, 2010, Los Angeles, CA -- The Daily Journal named Elizabeth J. Cabraser and Kelly M. Dermody to its list of the 2010 Top California Women Litigators. The Daily Journal commented that Ms. Cabraser and the firm are serving as plaintiffs' counsel in death and serious injury cases in the Toyota unintended sudden acceleration litigation. The Daily Journal noted that Ms. Dermody is currently overseeing a significant employment class action lawsuit against Merrill Lynch and Bank of America. That case alleges that the defendants discriminated against female financial advisers in compensation and business opportunities.
Joseph R. Saveri Participates in Antitrust Law Roundtable
May 7, 2010, San Francisco, CA -- In the May 2010 California Lawyer roundtable, Lieff Cabraser partner Joseph R. Saveri addressed latest trends in antitrust law. With respect to developments in connection with the pleading of antitrust cases under Twombly (Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)), Mr. Saveri noted that the Courts and the parties face additional expense and delay from such motions challenging the sufficiency of pleadings, particularly in cases where the same corporations that have entered guilty pleas in parallel criminal proceedings assert plaintiffs' claims are not "plausible." Mr Saveri also addressed the impact of individual class members filing separate lawsuits long after the pleadings are resolved, the evidentiary record is substantially established, and the litigation is well underway. Read the discussion.
May 3, 2010, Gulfport, MS -- Shrimpers, oystermen and crabbers, along with commercial seafood companies, have filed a class action lawsuit for residents and businesses who have suffered economic losses due to the BP Deepwater Horizon oil disaster. The lawsuit charges that BP and the other defendants failed to employ necessary safety measures and technologies to prevent damage to marine and coastal areas. Plaintiffs are represented by the Gulf Oil Spill Litigation Group, which consists of Lieff Cabraser and prominent lawyers from Mississippi, Louisiana, Florida, and Tennessee with extensive experience in mass environmental contamination litigation. Learn more at www.gulfoilspilllitigationgroup.com. Affected residents, including property owners, and businesses may contact Lieff Cabraser attorney Elizabeth A. Alexander for a review of their case.
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