Successes
2006-2007 | 2004-2005 | 2001-2003 | 1998-2000
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-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 five 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.
2005
Merrill Lynch Mutual Fund Litigation
Lieff Cabraser served as counsel for two Merrill Lynch mutual funds in
a private lawsuit filed alleging that a massive accounting fraud occurred
at HBOC & Company ("HBOC") before and following its 1999
acquisition by McKesson Corporation ("McKesson"). The funds charged
that defendants, including the former CFO of McKesson HBOC, the name McKesson
adopted after acquiring HBOC, artificially inflated the price of securities
in McKesson HBOC through misrepresentations and omissions concerning the
financial condition of HBOC, resulting in approximately $150 million in
losses for plaintiffs. In October 2005, the parties entered into a settlement
on terms favorable to the Merrill Lynch Funds.
In re Farmers Insurance Exchange
In re Farmers Insurance Exchange Claims Representatives’ Overtime
Pay Litigation, MDL No. 1439 (D. Or.). Lieff Cabraser and co-counsel represent
personal lines claims representatives of Farmers’ Insurance Exchange seeking
unpaid overtime. In November 2003, after a three-week liability phase trial,
the Court held that Farmers’ claims adjusters who handle auto and low level
property claims were entitled to overtime. 300 F. Supp. 2d 1020 (2003).
The Court further found that Farmers' actions were willful and were not
taken in good faith, entitling the workers to liquidated damages. In January
and May 2005, the Court entered judgments totaling $52.5 million against
Farmers, the largest judgments ever entered as the result of the trial
of a Fair Labor Standards Act case. In October 2006, the Ninth Circuit
Court of Appeals reversed the judgment for plaintiffs under the Fair Labor
Standards Act and the laws of New Mexico, Illinois, Michigan, and Washington,
and remanded the case for further proceedings under the laws of Minnesota,
Oregon, and Colorado. Plaintiffs intend to file a request for rehearing
and a petition for rehearing en banc.
California Wholesale Electricity Antitrust Cases
Extending the landmark victories for California consumers and businesses,
in September 2004 the plaintiffs reached a $206 million settlement with
Duke Energy Trading & Marketing, and in August 2005 plaintiffs reached
a $460 million settlement with Reliant Energy, settling claims that the
companies manipulated California's wholesale electricity markets during
the California energy crisis of 2000-2001. Lieff Cabraser earlier entered
into a settlement for over $100 million relating to similar claims against
the Williams Companies. Lieff Cabraser has taken a lead role in the private
class action litigation, which remains ongoing.
Abercrombie & Fitch
Stores Discrimination Class Action
In April 2005, the Court approved a settlement, valued at approximately
$50 million, which requires the retail clothing giant Abercrombie & Fitch
to provide monetary benefits of $40 million to the class of Latino, African
American, Asian American and female applicants and employees who charged
the company with discrimination. The settlement also requires the company
to institute a range of policies and programs to promote diversity among
its workforce and to prevent discrimination based on race or gender.
Lieff Cabraser served as Class Co-Lead Counsel and prosecuted the case
with a number of co-counsel firms, including the Mexican American Legal
Defense and Educational Fund, the Asian Pacific American Legal Center and
the NAACP Legal Defense and Educational Fund, Inc. To learn more, please
visit www.afjustice.com.
American Honda Finance Corporation
Lieff Cabraser represents African Americans and Latinos who allege that
they were discriminated against by Honda in the interest rates it charged
on auto loans.
The court has granted preliminary approval to a settlement. Under the
settlement, Honda will institute a broad refinancing program reducing rates
charged to current African-American and Latino customers whose loans were
marked up by 1% or more. Honda will also launch new programs involving
700,000 pre-approved credit offers with a 0% markup to African-American
and Latino consumers over the next five years. Furthermore, Honda will
limit the discretionary finance charge markup on each new loan to 2.25%,
and 2.0% on extended term contracts. Lastly, Honda will donate $900,000
to non-profit organizations involved in consumer education and assistance.
Cosmetics Antitrust Class Action
In March 2005, the court granted final approval to a settlement that Lieff
Cabraser and co-counsel reached with numerous department store cosmetics
manufacturers and retailers. The settlement is valued at $175 million and
includes significant injunctive relief for the benefit of a nationwide
class of consumers of department store cosmetics. The complaint alleged
the manufacturers and retailers violated antitrust law by engaging in anticompetitive
practices to prevent discounting of department store cosmetics. To learn
more, visit www.cosmeticssettlement.com.
2004
Longs Drug Stores Overtime Wages
We represented a class of store managers and assistant store managers
in California in a class action lawsuit against Longs Drug Stores. Plaintiffs
charged that Longs Drugs improperly classified store managers and assistant
store managers as exempt from overtime wages in violation of California
law. In October 2004, the Court granted final approval of an $11.1 million
settlement of the action. Class participation in the settlement was especially
strong, with over 98% of class members submitting claims.
Tri-State Crematory Litigation
In March 2004, trial commenced with Lieff Cabraser partner Kathryn
E. Barnett delivering the opening statement in a class action by families
whose loved ones were improperly cremated and desecrated by Tri-State Crematory
in Noble, Georgia. The families also asserted claims against the funeral
homes that delivered the decedents to Tri-State Crematory for failing to
ensure that the crematory performed cremations in the manner required under
the law and by human decency.
One week into trial, settlements with the remaining funeral home defendants
were reached and brought the settlement total to approximately $37 million.
Since March 2004, all of the settlements with the funeral homes have been
preliminarily or finally approved. The Marsh defendants, the operators
of Tri-State Crematory, however, withdrew from the tentatively approved
settlement. Trial on the class members' claims against the Marsh defendants
began in August 2004.
Soon thereafter, the Marsh defendants entered into a $80 million settlement
with plaintiffs. As part of the settlement, all buildings on the Tri-State
property will be razed. The property will remain in a trust so that it
will be preserved in peace and dignity as a secluded memorial to those
whose remains were mistreated, and to prevent crematory operations or other
inappropriate activities from ever taking place there. Earlier in the litigation,
the Court granted plaintiffs' motion for class certification in a published
order. 215 F.R.D. 660 (2003).
California Title Insurance Litigation
Lieff Cabraser, in coordination with parallel litigation brought by the
California Attorney General, reached settlements in 2003 and 2004 with
the leading title insurance companies in California, resulting in historic
indistry-wide changes to the practice of providing escrow services in real
estate closings. The settlements brought a total of $50 million in restitution
to California consumers, including cash payments.
Louisiana Crawfish Farmers' Pesticide Suit
In May, 2004, Judge James T. Genovese, of the 27th Judicial District Court,
St. Landry Parish, Louisiana, granted final approval to a $45 million
settlement in a class action lawsuit by over 1,500 crawfish farmers
in Louisiana. The farmers filed suit against Bayer CropScience LP
and sellers of the pesticide ICON (active ingredient "fipronil")
for losses in their pond-grown crawfish crops allegedly caused by
the pesticide. The settlement was reached after the parties had presented
nearly a month’s worth of evidence at trial, and were on the verge
of making closing arguments to the jury. Learn
more about this case.
United Airlines Flight Attendants Gender Discrimination Class Action
Lieff Cabraser and co-counsel represented a class of female flight attendants
who were required to weigh less than comparable male flight attendants.
In 2002, the Ninth Circuit held that United’s weight policy constituted
facially discriminatory treatment on the basis of sex. On remand, a primary
issue contested was the amount of damages suffered by the flight attendants,
many of whom suffered severe emotional distress because of the extreme
measures they were forced to take to lose weight or risk losing their jobs.
In February 2004, the District Court granted final approval to a $36.5
million settlement.
Former U.S. District Court Judge Charles B. Renfrew (ret.), who served
as a mediator in the case, stated,
“As a participant in the settlement
negotiations, I am familiar with and know the reputation, experience
and skills of lawyers involved. They are dedicated, hardworking
and able counsel who have represented their clients very effectively.”
U.S. District Judge Martin J. Jenkins, in granting final approval to
the settlement, found "that
the results achieved here could be nothing less than described as exceptional," and
that the settlement "was obtained through the efforts of outstanding
counsel."
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-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 five years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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