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Soldiers seek foreclosures class action
Class Action News | 2011/07/15 16:25
Lawyers said they hope to get class action certification in New York for an increasing number of active-duty U.S. soldiers fighting mortgage foreclosures.

A federal lawsuit filed in the U.S. District Court in New York alleges CitiMortgage should have done a quick Internet check before foreclosing on the home of Army Sgt. Jorge Rodriguez of Del Valle, Texas, the Pittsburgh Post-Gazette reported Thursday.

In 2003, Rodriguez purchased a home with a mortgage eventually sold to CitiMortgage. He was deployed in 2006, and while he was in training at Fort Hood, Texas, the mortgage company sold his home in a foreclosure sale, the newspaper said.

Rodriguez was sent to Iraq and was on active duty until August 2007.

The federal Servicemembers Civil Relief Act prohibits the foreclosure sale of an active-duty soldier's home without a highly detailed court order. Lenders can access a certain Web site to learn whether a soldier is on active duty, the newspaper said.

"It's just an issue that we have seen percolating throughout the country," said Gary Lynch of Sewickley, Pa., an attorney for the plaintiffs. "Major lenders operated on perhaps what might be a fundamental misunderstanding of the requirements of the statute."

The complaint indicates CitiMortgage may have "initiated thousands of foreclosure proceedings ... without adequate safeguards to ensure that service members on active duty were not targeted."


WaMu settles class action suit for $208.5 million
Class Action News | 2011/07/01 22:09

Washington Mutual Inc. and its fellow defendants have agreed to pay $208.5 million to settle a class-action lawsuit stemming from the lender's collapse in 2008, the biggest U.S. bank failure in history.

The defendants and lead plaintiff Ontario Teachers' Pension Plan Board outlined the terms of the agreement in documents filed with U.S. District Court in Seattle on Thursday.

The pact calls for Washington Mutual to pay $105 million, for a group of underwriters that includes Goldman, Sachs & Co., to pay $85 million, and for Deloitte & Touche LLP to kick in another $18.5 million. In exchange, the plaintiffs have agreed to dismiss all claims against the lender and its co-defendants.

The settlement must be approved by a bankruptcy court overseeing Washington Mutual's reorganization plan.

In 2008, the federal government seized WMI's flagship bank, based in Seattle, and sold its assets to JPMorgan Chase & Co. for $1.9 billion.

Plaintiffs ranging from huge pension funds to small individual investigators accused WMI and its banking executives of securities fraud, claiming the bank's lending standards and practices were misrepresented, questionable business practices were not disclosed and federal financial reports were misleading.

The Ontario teachers' pension fund has claimed it lost $24 million from alleged wrongdoing by WMI and the other defendants.

Under the terms of the settlement deal, WMI and the other defendants did not admit any wrongdoing.



Decision in Wal-Mart case a blow to class actions
Class Action News | 2011/06/21 17:18

Mounting a large-scale bias claim against a huge company will be more difficult in light of a Supreme Court decision that found no convincing proof of discrimination on which to allow a class action against retail giant Wal-Mart on behalf of as many as 1.6 million women.

All the justices agreed in the decision released Monday that the case couldn't proceed as a class action in its current form, reversing a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. By a 5-4 vote along ideological lines, the court also said there were too many women in too many jobs at Wal-Mart to wrap into one lawsuit.

While individuals could still pursue their own cases, they would continue with the prospect of costly legal fees and long time frames and ultimately lack the power that would have accompanied the largest sex-discrimination lawsuit in U.S. history.

Two of the named plaintiffs, Christine Kwapnoski and Betty Dukes, vowed to continue their fight, even as they expressed disappointment about the ruling.

"We still are determined to go forward to present our case in court. We believe we will prevail there," said Dukes, a greeter at the Wal-Mart in Pittsburg, Calif.




Court lets class action against Bayer proceed
Class Action News | 2011/06/16 14:05

The Supreme Court will let two West Virginia residents revive a lawsuit against Bayer AG over its anti-cholesterol drug Baycol, which was withdrawn from the market in 2001 after reports of a severe and sometimes fatal muscle disorder.

The high court on Thursday unanimously agreed to let Kevin Smith and Shirley Sperlazza's class-action lawsuit against Bayer go forward.

The 8th U.S. Court of Appeals had thrown out their lawsuit out after a federal judge overseeing multistate litigation against Bayer refused to let other West Virginians file a similar class-action lawsuit against the corporation.

The high court said that decision was incorrect.



Ohio judge says Ford must pay dealers $2B
Class Action News | 2011/06/11 06:35
Ford Motor Co. must pay nearly $2 billion in damages to thousands of dealerships in a 2002 class-action lawsuit that said the automaker violated dealer agreements, an Ohio judge ruled Friday.

Cuyahoga County Common Pleas Judge Peter Corrigan in Cleveland issued the ruling based on a Feb. 11 jury determination that the company overcharged dealers for commercial trucks over an 11-year period.

The $2 billion award covers more than 3,000 dealerships and about 474,000 trucks. It includes a judgment of about $781 million and about $1.2 billion in interest.

"In awarding the dealers the amount of money they overpaid for trucks, the jury verdict places ... the dealers in the financial position contemplated by the terms of the contract," said James Lowe, a Cleveland attorney for Westgate Ford Truck Sales Inc., a dealership in Youngstown that represents the class.

Ford's annual report, filed on Feb. 28, says the class action included all dealers who purchased a 600?series or higher truck from Ford from 1987 to 1997. It says the lawsuit accused the automaker of failing to reveal that price concessions were given to some dealers.


Coventry says court accepts $150.5M La. settlement
Class Action News | 2011/05/31 12:21
Coventry Health Care Inc. said Tuesday a court approved its $150.5 million settlement of a class action lawsuit that accused the health insurer of violating Louisiana laws.

The company will record a gain of $159.3 million, or 68 cents per share, in the second quarter because it set aside more money than it needed to cover the settlement. In July, a state appeals court affirmed a $262 million judgment against Coventry's First Health Group Corp. unit. In February the plaintiffs and Coventry agreed to settle the case for $150.5 million.

The lawsuit alleged that First Health Group violated notice provisions of Louisiana's Any Willing Provider Act related to the treatment of injured workers with worker's compensation claims.


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