Lieff Cabraser: National Class Action Attorneys Representing Plaintiffs Since 1972

Successes 2004 - Present

2004-Present | 2001-2003 | 1998-2001

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 four 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.

2006

Microsoft Private Antitrust Litigation

Representing businesses and consumers, Lieff Cabraser prosecuted multiple private antitrust cases against Microsoft Corporation in state courts across the country, including Florida, New York, North Carolina, and Tennessee. Plaintiffs alleged 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 August 2006, the New York Supreme Court granted final approval to a settlement that makes available up to $350 million in benefits for New York businesses and consumers. Earlier settlements in the North Carolina, Tennessee and Florida actions were valued collectively at $355 million. Lieff Cabraser served as Co-Lead Counsel in the New York, North Carolina and Tennessee and held a leadership role in the Florida case.

Sutter Health Uninsured Pricing Cases

Plaintiffs alleged that they and a Class of uninsured patients treated at Sutter hospitals were charged substantially more than patients with private or public insurance, and many times above the cost of providing their treatment.

On August 3, 2006, the Court granted preliminary approval to a comprehensive and groundbreaking settlement of the action. As part of the settlement, Class members will be entitled to make a claim for refunds or deductions of between 25% to 45% from their prior hospital bills, at an estimated total value of $276 million. For the next three years, Sutter also has agreed to maintain discounted pricing policies for uninsureds that will make Sutter's pricing for uninsureds comparable to or better than the pricing for patients with private insurance. In addition, Sutter has agreed to maintain more compassionate collections policies that will protect uninsureds who fall behind in their payments.

Natural Gas Antitrust Cases I-IV

In August 2006, the Court granted preliminary approval to a $92 million partial 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, Coral Energy Resources, L.P.; Dynegy Inc. and affiliates; EnCana Corporation; WD Energy Services, Inc.; and The Williams Companies, Inc. and affiliates. Plaintiffs charged defendants with manipulating the price of natural gas in California during the California energy crisis of 2000-2001 by conducting prearranged “wash trades” and by reporting false price and volume information to trade publications that compile natural gas price indices.

The recent settlement follows a landmark $1.5 billion settlement of class action litigation in 2003 against El Paso Natural Gas Co. for manipulating the market for natural gas pipeline transmission capacity into California. Lieff Cabraser has served as Plaintiffs’ Co-Lead Counsel in the Natural Gas Antitrust Cases I-IV.

Morris v. AT&T Wireless Services, Inc.

Lieff Cabraser served as class counsel for a nationwide settlement class of cell phone customers subjected to an end of billing cycle cancellation policy implemented by AT&T Wireless in 2003 and alleged to have breached customers’ service agreements. In May 2006, the New Jersey Superior Court granted final approval to a class settlement that guarantees delivery to the class of $40 million in benefits. Class members will receive cash-equivalent calling cards automatically, and may redeem them for cash at their option. Lieff Cabraser had been prosecuting the class claims in the Western District of Washington when a settlement in New Jersey state court was announced.

Lieff Cabraser objected to that settlement as inadequate because it would have only provided $1.5 million in benefits without a cash option, and the court agreed, declining to approve it. Thereafter, Lieff Cabraser negotiated the new settlement providing $40 million to the class, and the settlement was approved.

Toshiba Notebook Class Action

In March 2006, the court granted final approval to a settlement of a class action by consumers who purchased or acquired Toshiba Satellite Pro 6100 Series notebook computers in the United States. Consumers charged the notebooks were defective. The settlement provides for new warranties and full reimbursement for any out-of-pocket expenses incurred by consumers in repairing their notebooks.

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 (Honda)

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. To learn more about this case, please click here.

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." Judge Jenkins observed that Lieff Cabraser partner James Finberg "in particular, and his firm, in particular, are very sophisticated in handling matters of this type."