Successes
2006-2007 | 2004-2005 |
2001-2003 | 1998-2000
Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm with offices in San Francisco,
New York and Nashville. Our lawyers represent plaintiffs in individual lawsuits
and class actions across America in cases involving dangerous or defective
products; consumer, securities and investment fraud; employment discrimination;
overtime pay and ERISA violations; environmental damage and toxic exposures;
antitrust violations; aviation disasters; and the abuse of civil and human
rights.
For the past seven years, The National Law Journal has selected Lieff Cabraser
as one of the top plaintiffs' law firms in the nation. The National Law
Journal examined recent verdicts and settlements in class actions and individual lawsuits.
The editors also contacted plaintiff and defense counsel, as well as dozens
of corporate general counsel, asking them for the names of plaintiffs' litigation
firms that they would use and recommend.
The following is a summary of the outcomes of recent Lieff Cabraser cases.
For a comprehensive listing of our prominent cases, please see our firm
resume.
2003
El Paso Natural Gas Antitrust Case
Lieff Cabraser represents California residential and business consumers
of natural gas in a class action lawsuit against El Paso Natural Gas. The
complaint alleged that during the California energy crisis in 2000-2001,
El Paso rigged bids and otherwise manipulated the market for natural gas
pipeline transmission capacity into California so that its energy trading
subsidiary would acquire the capacity, and then used the capacity to drive
up prices on the spot market for California consumers and businesses in
violation of antitrust and unfair competition laws.
In December 2003, Superior Court Judge J. Richard Haden granted final
approval to an almost $1.5 billion class action settlement in the El Paso
Natural Gas Anti-Trust Cases (J.C.C.P. Nos. 4221, 4224, 4226 & 4228).
The settlement class, with certain exceptions, includes all California
residential and business consumers that purchased natural gas or electricity
between September 1, 1996 and March 20, 2003.
In June 2007, the Court granted final approval to a $67.39 million settlement
of a series of class action lawsuits brought by California business and
residential consumers of natural gas against a group of natural gas suppliers,
Reliant Energy Services, Inc., Duke Energy Trading and Marketing LLC, CMS
Energy Resources Management Company, and Aquila Merchant Services, Inc.
BuSpar Antitrust Litigation
Lieff Cabraser serves as Co-Lead Counsel in consolidated litigation on
behalf of individual consumers, consumer organizations, and third party
payors that purchased BuSpar, a drug prescribed to alleviate symptoms of
anxiety. In November 2003, the Court granted final approval to a $90 million
cash settlement with Bristol-Myers Squibb Co. (BMS).
Plaintiffs alleged that BMS, Danbury Pharmacal, Inc., Watson Pharmaceuticals,
Inc. and Watson Pharma, Inc. entered into an unlawful agreement in restraint
of trade under which BMS paid a potential generic manufacturer of BuSpar
to drop its challenge to BMS' patent and refrain from entering the market.
Further, Plaintiffs alleged that BMS misrepresented the scope of a later
patent related to BuSpar thus causing the FDA to list this new patent in
its Orange Book and again prevent generic manufacturers from entering the
market. As a result, consumers and third party payors have had to pay more
for BuSpar or generic buspirone than they would have absent the defendants'
unlawful conduct.
Richison v. American Cemwood Corp.
Lieff Cabraser is Co-lead Class Counsel for an estimated class of 30,000
owners of homes and other structures on which defective Cemwood Shakes
were installed. In May 2000, the Court granted final approval of a Partial
Settlement with Cemwood's parent companies, and in November 2003, the Court
granted final approval to a Phase 2 Settlement with Cemwood and certain
of Cemwood's insurers. The combined value of the two Settlements is $140
million. Class members may file a claim until the year 2015. There is no
cap on the amount a Class member can receive under the Settlements. Instead,
Class members with qualifying damage will receive a pro rata share of the
Settlement funds according to the size of their roofs.
Citigroup Loan ("The Associates Predatory Lending")
Cases
Prior to its acquisition in November 2000, Associates First Financial,
referred to as The Associates, was one of the nation's largest "subprime" lenders.
Lieff Cabraser represents former customers of The Associates and related
companies in a class action suit alleging that The Associates packed mortgage
loans with unwanted and unnecessary insurance products and engaged in improper
loan refinancing practices. In April 2003, the Court granted final approval
to a settlement of the action that will provide up to $240 million in relief
to former Associates' customers nation-wide.
Kline v. The Progressive Corporation
Lieff Cabraser served as settlement class counsel in this nationwide consumer
class action involving challenges to the Progressive Corporation's private
passenger automobile insurance sales practices, where plaintiffs alleged
that the Progressive Corporation wrongfully concealed from class members
the availability of lower priced insurance for which they qualified. The
Settlement Class was certified and the settlement was granted final approval
in 2002, and is valued at approximately $450 million, including both cash
and equitable relief. The claims program, implemented upon a nationwide
mail and publication notice program, was completed in early 2003.
Microsoft Private Antitrust Litigation
Lieff Cabraser is prosecuting cases on behalf of businesses and consumers
against Microsoft Corporation in various state courts across the country,
including Florida, New York, North Carolina, and Tennessee. Plaintiffs
allege that Microsoft engaged in anticompetitive conduct and/or violated
state deceptive and unfair business practices statutes to harm competition
and monopolize the markets for Intel-compatible, personal computer operating
system software, as well as word processing and spreadsheet software. In
November 2003, in the Florida Microsoft litigation, the Court granted final
approval to a $202 million settlement, one of the largest antitrust settlements
in Florida history. In June 2004, the Court in the Tennessee action granted
final approval to a $64 million settlement. In August 2004, the Court in
the North Carolina action granted final approval to a settlement valued
at over $89 million.
Kentucky Coal Sludge Disaster
On October 11, 2000, near Inez, Kentucky, a coal waste storage facility
ruptured, spilling 300 million gallons of coal sludge (a wet mixture produced
by the treatment and cleaning of coal) into waterways in the region and
contaminating hundreds of properties. This was one of the worst environmental
disasters ever in the Southeastern U.S. With co-counsel, Lieff Cabraser
represented over 400 clients in property damage claims, including claims
for diminution in the value of their homes and properties. In April 2003,
the parties reached a confidential settlement agreement on favorable terms
to the plaintiffs.
2002
Perdue Farms Wage and Hour Class Action
Lieff Cabraser represents a class of approximately 60,000 current and
former chicken processing employees of Perdue Farms, Inc., one of the nation's
largest poultry processors, in a suit against Perdue Farms for wage and
hour violations. The suit challenges Perdue's failure to compensate its
assembly line employees for putting on, taking off, and cleaning protective
and sanitary equipment in violation of the Fair Labor Standards Act, various
state wage and hour laws, and the Employee Retirement Income Security Act.
On October 17, 2002, the Court granted final approval to a settlement
of the case. Under the settlement, Perdue will pay $10 million for wages
lost by its chicken processing employees and issue negative credit under
its retirement plans for workers' time spent "donning and doffing." This
settlement is in addition to the $10 million settlement between the Department
of Labor and Perdue announced on May 9, 2002.
Sulzer Hip and Knee Implants Litigation
In December 2000, Sulzer Orthopedics, Inc., announced the recall of approximately
40,000 units of its Inter-Op Acetabular Shell Hip Implant, followed in
May 2001 with a notification of failures of its Natural Knee II Tibial
Baseplate Knee Implant. In August 2001 in the federal litigation, In re
Sulzer Hip Prosthesis and Knee Prosthesis Liability Litigation, MDL 1410,
the Court granted preliminary approval to a proposed class action settlement
providing for a combination of cash and stock, subject to restrictions
on its sale, valued at approximately $650 million.
Lieff Cabraser was not involved in the negotiations that resulted in this
settlement offer, and on behalf of our clients vigorously objected to it
as insufficient. Thereafter, Lieff Cabraser played a significant role in
creating a revised settlement with Sulzer valued at more than $1 billion
that more than doubled the cash payments to injured claimants than under
the original settlement. In May 2002, the Court granted final approval
to the revised settlement. We continue to represent injured hip and knee
implant patients forced to undergo revision surgery.
Direct Merchants Credit Card Bank Class Action
Lieff Cabraser served as Plaintiffs' Co-Counsel in a national consumer
class action filed on behalf of millions of Direct Merchants' credit cardholders
who alleged that defendants engaged in unfair, deceptive and misleading
practices and violated state consumer protection statutes in connection
with the sale and marketing of their credit cards and fee-based services
and products.
In May 2002, the Court granted final approval to a settlement that requires
defendants to modify or cease certain business practices; offer certain
free products, services or benefits to former cardholders or ServiceEdge
members who are not current cardholders; and offer participation in a Customer
Satisfaction Guarantee Program ("CSGP") to current cardholders,
in which current cardholders may resolve their complaints, including for
monetary credits in an amount between $10.00 and $70.00.
Scorpion Technologies Securities Litigation including Claghorn v. Edsaco
Lieff Cabraser is nationally recognized for its representation of shareholders
in cases alleging violations of federal securities laws by major corporations
and their directors, including many of the most publicized financial frauds
arising out of Silicon Valley. For example, we served as co-lead counsel
in class action suits arising out of an alleged fraudulent scheme by Scorpion
Technologies, Inc., certain of its officers, accountants, underwriters
and business affiliates to inflate the company's earnings through reporting
fictitious sales.
In Scorpion I, the Court found plaintiffs had presented sufficient evidence
of liability under Federal securities acts against the accounting firm
Grant Thornton for the case to proceed to trial. In re Scorpion Techs.,
1996 U.S. Dist. LEXIS 22294 (N.D. Cal. Mar. 27, 1996). In 1988, the Court
approved a $5.5 million settlement with Grant Thornton. In 2000, the Court
approved a $950,000 settlement with Credit Suisse First Boston Corporation.
In April 2002, a federal jury in San Francisco, California returned a
$170.7 million verdict against Edsaco Ltd. The jury found that Edsaco aided
Scorpion in setting up phony European companies as part of scheme in which
Scorpion reported fictitious sales of its software to these companies,
thereby inflating its earnings. Included in the jury verdict was $165 million
in punitive damages.The verdict against Edsaco constitutes the twelfth
largest verdict in the U.S. in 2002. Subsequently, the parties reached
a settlement of the action on favorable monetary terms to the class, which
included Edsaco's relinquishment of its right to appeal and plaintiffs'
agreement to vacate the jury verdict.
Vitamins Price-Fixing Antitrust Litigation
For years, we have played a leading role representing plaintiffs in national
antitrust class actions, including ones filed in California. In litigation
against the world's largest vitamin manufacturers for allegedly crafting
a global "vitamins cartel" that fixed the price of vitamins in
the 1990s, we served a co-lead counsel responsible for prosecuting claims
by California indirect purchasers of vitamins and products containing vitamins.
In January 2002, the Court approved a $96 million settlement of the case.
2001
Toms River, New Jersey Childhood Cancer Concerns Case
With co-counsel, Lieff Cabraser represented 69 families in Toms River,
New Jersey, each with a child having cancer, that claimed the cancers were
caused by environmental contamination in the Toms River area. Commencing
in 1998, the parties -- the 69 families, Ciba Specialty Chemicals, Union
Carbide and United Water Resources, Inc., a water distributor in the area
-- participated in an unique alternative dispute resolution process which
lead to a fair and efficient consideration of the factual and scientific
issues in the matter. In December 2001, under the supervision of a mediator,
a confidential settlement favorable to the families was reached.
In re Lasik/PRK Antitrust Litigation
Lieff Cabraser served as a member of Plaintiffs' Executive Committee in
class actions brought on behalf of persons who underwent Lasik/PRK eye
surgery. Plaintiffs alleged that defendants, the manufacturers of the laser
system used for the laser vision correction surgery, manipulated fees charged
to ophthalmologists and others who performed the surgery, and that the
overcharges were passed onto consumers who paid for laser vision correction
surgery. In December 2001, the Judge William J. Elfving approved a $12.5
million settlement of the litigation.
Providian Credit Card Class Action
Lieff Cabraser served as Co-Lead Counsel for a certified national settlement
class of Providian credit cardholders who alleged that Providian had engaged
in widespread misconduct by charging cardholders unlawful, excessive interest
and late charges, and by promoting and selling to cardholders "add-on
products" promising illusory benefits and services. On November 8,
2001, the Hon. Stuart R. Pollak granted final approval to a $105 million
settlement of the case. In addition, the settlement required Providian
to implement substantial changes in its business practices. Combined with
an earlier settlement by Providian with Federal and state agencies, the
$105 million settlement represents the largest settlement ever by a U.S.
credit card company in a consumer protection case.
"Princeton Notes" Securities
Fraud Litigation
In addition to representing shareholders in federal securities class action
lawsuits, we have also represented large private and institutional investors
in financial fraud lawsuits. A recent example of our efforts on behalf
of private investors is our representation of two Japanese banks and a
Japanese credit union in individual lawsuits against Martin A. Armstrong
and HSBC, Inc., the successor-in-interest to Republic New York Corporation,
Republic New York Bank and Republic New York Securities, for alleged violations
of federal securities and racketeering laws.
Through a group of interconnected companies owned and controlled by Armstrong
-- the Princeton Companies -- Armstrong and the Republic Companies promoted
and sold promissory notes, known as the "Princeton Notes," to
more than eighty of the largest companies and financial institutions in
Japan. In December 2001, the claims of our clients and those of the other
Princeton Note investors were settled. As part of the settlement, our clients
recovered more than $50 million, which represented 100% of the value of
their principal investments, less money they received in interest or other
payments.
Network Associates Securities Class Action
Following a competitive bidding process Lieff Cabraser was appointed by
the Court as lead counsel for the lead plaintiff and the proposed class
of investors in a securities fraud class action against Network Associates,
Inc. On May 21, 2001, the Court granted final approval to a settlement
of the case. The company paid shareholders $30 million based on allegations
that the vendor of security software had improperly accounted for acquisitions
in order to inflate its stock price.
In approving the settlement, U.S. District Court Judge William H. Alsup
observed, "Another factor is the expense and views of counsel here.
We have class counsel who's one of the most foremost law firms in the country
in both securities law and class actions. And they have a very excellent
reputation for the conduct of these kinds of cases and their experience
and views on whether it's worth the candle to go any further means a lot."
California Micro Devices Securities Litigation
Lieff Cabraser served as Liaison Counsel for the Colorado Public Employees
Retirement Association and the California State Teachers Retirement Association,
and the class they represented. Prior to 2001, the Court approved $19 million
in settlements. On May 24, 2001, the Court approved an additional settlement
of $12 million, which, combined with the earlier settlements, provided
class members an almost complete return on their losses.
Commenting on Lieff Cabraser's work in Cal Micro Devices, U.S. District
Court Judge Vaughn R. Walker stated, "It is highly unusual for a class
action in the securities area to recover anywhere close to the percentage
of loss that has been recovered here, and counsel and the lead plaintiffs
have done an admirable job in bringing about this most satisfactory conclusion
of the litigation."
Calistoga/Arrowhead Mountain Spring Water Class Action
Lieff Cabraser actively prosecutes cases on behalf of the public against
corporations for alleged false advertising and deceptive marketing campaigns.
On April 13, 2001, the San Francisco Superior Court entered final approval
to a settlement with the producers of Calistoga and Arrowhead Mountain
Spring Water. The plaintiffs alleged that the water did not comply with
applicable Federal and State law definitions of "spring water" and
was not from the geographic or geologic sources advertised. As part of
the settlement, Defendants agreed to additional monitoring of the water
used in all Calistoga and Arrowhead Mountain spring products, and to give
discounts to California consumers in the amount of $1 million per year
for five years.
Synthroid Marketing Litigation
Lieff Cabraser served as Co-Lead Counsel for the purchasers of the thyroid
medication Synthroid in litigation against its manufacturer, Knoll Pharmaceutical.
The lawsuits charged that Knoll misled physicians and patients into keeping
patients on Synthroid despite knowing that less costly, but equally effective
drugs, were available. In August 2000, U.S. District Court Judge Elaine
E. Bucklo gave final approval to an $87.4 million settlement with Knoll
and its parent company, BASF Corporation, on behalf of a class of all consumers
who purchased Synthroid at any time from January 1, 1990 until October
21, 1999. In April 2001, the Court of Appeals in In re Synthroid Marketing
Litig., 264 F.3d 712 (7th Cir. 2001), upheld the order approving the settlement
and remanded the case for further proceedings.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last seven years, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
Notice
This website is sponsored by Lieff Cabraser Heimann & Bernstein, LLP, a national plaintiffs' law firm.
Notice: Lieff Cabraser attorneys provide legal advice and practice law for clients in
federal courts throughout the United States and in state courts where we are
licensed to practice. Please read our disclaimer.
Copyright © 2010 Lieff Cabraser Heimann & Bernstein,
LLP.
No persons pictured on this website are clients of Lieff Cabraser.