West Virginia Personal Injury Lawyer - Class Action Lawsuits

BAR/BRI Charging Too Much for Test Preparation?

Mike Simon — Sat, 04 Aug 2007 15:39:47 GMT

A new class action lawsuit has been filed against the country's biggest bar exam preparation company, BAR/BRI bar review, alleging that the company fraudulently and deceptively induced students from New York law schools to purchase BAR/BRI products at inflated prices. The plaintiffs in the $48 million suit are two 2005 graduates and one 2006 graduate from Albany Law School.

The initial class action lawsuit filed was filed on April 29 against BAR/BRI bar review and the West Publishing Corporation, and Kaplan, Inc. The suit claimed that BAR/BRI withdrew from the LSAT preparation business and Kaplan agreed not to enter the bar-review course market, resulting in BAR/BRI students being overcharged, on average, $1000 each, or $300 million collectively. A federal judge approved a $49 million settlement in early July.

Every year, between 35,000 and 40,000 people graduate from the nearly 200 law schools approved by the American Bar Association, and many take a BAR/BRI course. BAR/BRI advertises the course heavily at law schools and hires law students to serve as on-campus representatives.

This is the second antitrust action filed against BAR/BRI. The first was settled for $49 million.

Originally posted at InjuryBoard by Mike Simon

Judge Approves $64 Million Settlement Over Drug Paxil

Mike Simon — Wed, 06 Jun 2007 15:28:49 GMT

A judge in Madison County, Illinois granted final approval in late May for a settlement in a class action deal, in which parents, who purchased GlaxoSmithKline PLC's Paxil or Paxil CR for their children may seek reimbursement for their purchase of the antidepressant.

The suit alleged that GlaxoSmithKline misled consumers by failing to disclose information about negative side effects, such as increased suicidal behavior. The $64 million deal provides an opportunity for parents to recover money spent on the drug, upon furnishing proof of purchase. Parents who no longer have proof in the form of pharmacy records or receipts may receive up to $100, upon signing a claim form under threat of penalties for lying.

Parents should be advised that claim forms must be filed by August 31, and are available online.

The settlement does not preclude, however, anyone with a personal injury claim, such as parents whose children committed suicide during treatment with Paxil, from suing GlaxoSmithKline. Additionally, insurers and government agencies, which made the majority of payments, may also file suit against the British company.

Originally posted at InjuryBoard by Mike Simon

Judge OKs $7.4M settlement for U.S. Patients Who Said They Had Unnecessary Heart Procedures

Mike Simon — Tue, 22 May 2007 08:52:32 GMT

A Louisiana hospital agreed to pay $7.4 million to settle its part of a class action suit accusing a cardiologist of doing unnecessary angioplasties and other procedures. Half of the amount will be shared by 305 former patients and the rest will pay litigation costs and attorneys' fees in the suit against Our Lady of Lourdes Regional Medical Center.

The attorneys are still seeking damages from the cardiologist himself, Dr. Mehmood M. Patel, and Lafayette General Medical Center, where he also practiced.

Patel charged in federal court with billing Medicare, Medicaid and insurance companies $2.5 million for unnecessary procedures on 77 patients- denies the allegations. He could face up to 20 years in prison if convicted.

Originally posted at InjuryBoard by Mike Simon

Mylan Accused of Accepting Pay-off From Competitor

Mike Simon — Wed, 21 Mar 2007 09:27:27 GMT

A lawsuit filed by The Prescription Access Litigation Project, a consumer action group, alleges that Mylan Laboratories, Inc. accepted money from Cephalon, one of its competitors, to delay marketing of a generic version of the drug Provigil.

Generic drugs typically cost much less, and the suit alleges that consumers paid more as a result of the $136 million pay-off Mylan and other generic drug manufacturers received from Cephalon. As a result of generic drugs not entering the market, the plaintiffs allege that Cephalon was able to substantially increase its profits at the expense of consumers.

The plaintiffs in the suit include: Vista Healthplan Inc., a Florida health-benefits provider; the Pennsylvania Turnpike Commission, which pays medical benefits for more than 2,000 employees; and the Pennsylvania Employees Benefit Trust Fund, which provides health coverage to more than 270,000 beneficiaries.

Along with Mylan, named defendants include: Barr Laboratories of Pomona, New York; Ranbaxy Laboratories, based in New Dehli, India, with offices in Princeton, New Jersey; and Teva Pharmaceutical Industries, based in Petach Tikva, Israel, with offices in North Wales, Pennsylvania.

Mylan is based in Canonsburg, Pennsylvania, and its biggest production facility is in Morgantown, West Virginia.

Originally posted at InjuryBoard by Mike Simon

Update on $405 Million Roane County Verdict

Mike Simon — Tue, 20 Mar 2007 09:25:25 GMT

The Roane County judge who presided over the class action trial that awarded a $405 million verdict to class members says that he is likely to reduce the award pursuant to the defendant's post-trial motions.

In a hearing on March 5, Judge Tom Evans indicated that he agreed with an argument made by counsel for Chesapeake Energy Corp. and NiSource Inc. that the jury inflated damages by 30%. If the judge follows through it will reduce punitive damages to $188 million. However, Judge Evans indicated that he was likely to otherwise stick to his findings that the defendants acted in a manner that entitled the 8,000-member class of owners of natural gas rights to punitive damages.

There will be at least two more hearings before the post-trial motions are decided.

Originally posted at InjuryBoard by Mike Simon

Samsung Agrees to Settle Indirect Purchaser Antitrust Case

Mike Simon — Wed, 28 Feb 2007 11:15:34 GMT

Samsung Semiconductor, Inc. and Samsung Electronics Company, Ltd. have agreed to a $90 million settlement of a class action lawsuit filed on behalf of indirect purchasers of DRAM computer chips.

Lawsuits were originally filed in numerous states on behalf of consumers who indirectly purchased DRAM or products containing DRAM from January 1, 1999, to December 31, 2002. The suits alleged that manufacturers of DRAM conspired to fix the price of the chips, resulting in consumers paying more for the chips or for products containing them, including computers. The Judicial Panel for Multidistrict Litigation then consolidated cases before the United States District Court for the Northern District of California, San Francisco Division, where the case is currently pending. Attorneys General for 23 states, including West Virginia, have intervened in the case on behalf of their respective state governments.

Under the proposed agreement, $10 million dollars of the settlement will be placed in a fund for division amongst the state governments pursuing the claim. The remaining $80 million will be placed in a fund for division amongst indirect purchaser consumers of DRAM. Samsung has also agreed to refrain from anti-competitive conduct in the future, and to cooperate in the continuing litigation against other manufacturers. The proposed settlement is subject to Court approval, and will be brought before the Court for preliminary approval in the near future. If the settlement is approved, notice will be given to class members nationwide.

The case remains pending against other DRAM manufacturers, including Elpida Memory, Inc., Hynix Semiconductor, Inc., Infineon Technologies, AG, Micron Technology, Inc., Mosel Vitelic, Inc., Nanya Technology Corporation, NEC Electronics America, Inc., and some of their related companies.

Originally posted at InjuryBoard by Mike Simon

$39 Million Settlement in Antitrust Class Action

Mike Simon — Mon, 26 Feb 2007 11:26:51 GMT

Preliminary approval has been given to a proposed settlement of a class action lawsuit against paint manufacturers, Sherwin-Williams Co. and PPG Industries Inc. alleging price fixing of auto refinishing paint.

According to court filings, under the proposed settlement PPG Industries, the world's second-largest car-paint maker, will pay $23 million, and Sherwin-Williams, the largest U.S. paint retailer, will pay $16 million. United States District Court Judge R. Barclay Surrick granted preliminary approval to the settlement on December 28, 2006.

Six auto centers in Pennsylvania, New Jersey, New York and Illinois filed the lawsuit in 2001 on behalf of consumers who bought auto refinish paint between Jan. 1, 1993, and Dec. 31, 2000. DuPont Co. and BASF AG settled the suit in 2004 for $36 million and $12 million respectively.

Originally posted at InjuryBoard by Mike Simon

Occidental Chemical Named in Class Action Suit

Mike Simon — Mon, 19 Feb 2007 11:15:42 GMT

Occidental Chemical has been named as a defendant in a class action lawsuit by residents of Alabama alleging that their property was damaged by operations at Occidental's Muscle Shoals facility.

Residents living near the plant filed the suit on January 10, 2007. The plaintiffs allege that the plant has released toxic chemicals into the air and water, ultimately contaminating their property, and negatively affecting the value of their property. According to attorneys working on the case for the plaintiffs, operations at Occidental to manufacture chemicals like chlorine, potassium carbonate and hydroxide utilized mercury. The lawsuit alleges that the mercury escaped the facility, and ultimately ended up on the plaintiff's property.

Originally posted at InjuryBoard by Mike Simon

$405 Million Jury Verdict

Mike Simon — Mon, 19 Feb 2007 11:09:02 GMT

A Roane County, West Virginia jury has awarded an 8,000-member class of owners of natural gas rights a jury verdict of nearly $405 million. The class action lawsuit was filed on behalf of all West Virginia gas-royalty owners who leased land to Columbia Natural Resources, LLC.

The company had lease agreements with the plaintiffs allowing it to drill for gas on land they owned, but according to the lawsuit, the defendants failed to pay the owners market rates for the gas, as their contracts required. The plaintiffs also alleged that the defendants improperly deducted post-production and processing costs, made volume deductions, and failed to pay for gas that its lines lost.

The jury found that Columbia Natural Resources LLC and two other associated gas companies failed to pay royalties to the plaintiffs totaling $134.3 million, and that they deserved to pay a punitive award of $271 million more.

Post-trial motions are still pending before Roane County Circuit Court Judge Tom Evans who could set it aside or change the award amount. The defendants have indicated that they will appeal any adverse judgment.

Originally posted at InjuryBoard by Mike Simon