Kirkpatrick & Lockhart LLP
REPRESENTATIVE CLASS ACTION CASES
ANTITRUST/TRADE REGULATION PRACTICE
Bayridge Volvo American, Inc. et al. v. Volvo Cars of North America, Inc., C. A. No. 01 Civ. 1890 (S.D.N.Y.). Defend automobile distributor
against class consisting of all Volvo dealers in New York State alleging that distributor pays dealers less for warranty repairs than required by New
York statute.
Bronze and Copper Flake Antitrust Litigation, In re C.A. No. 93-4673 (D.N.J.). Defend British company and U.S. joint venture, both
manufacturers and/or distributors of metal powders, in class actions by purchasers alleging price fixing.
California Indirect Purchasers MSG Antitrust Cases, In re No. 304471 (Sup. Ct., San Francisco Cty., CA). Defend Manufacturer of
Monosodium Glutamate in class actions by indirect purchasers alleging price fixing.
Callahan, et al. v. A.E.V. Inc., et al., C.A. No. 92-0556 (W.D. Pa.). Defend Alfred M. Lutheran Distributors, Inc. in class action alleging price
discrimination in beer wholesaling.
Food Additives (HFCS) Cases, In re No. 39693 (Sup. Ct., Stanislaus Cty., CA). Defend Manufacturer of High Fructose Corn Syrup in class actions
by direct and indirect purchasers alleging price fixing.
Franklin National Bank Securities Litigation—Gold v. Ernst & Ernst, et al., In re C.A. No. 75 C 684 (E.D.N.Y.). Defend Trustee of bank
holding company against multi-million dollar fraud class actions arising out of insolvency of Franklin National Bank
Heinack and Julian v. John Hancock Mutual Life Insurance Company and John Hancock Variable Life Insurance Company, C.A. No. 941074 (W.D. Pa.). Defend life insurance company in class action involving life insurance sales practices.
Klick V. Philips Electronics North America Corporation, (Los Angeles County Superior Court, Case No. BC291315). Defend Consumer
electronics client sued class action alleging violations of California’s Unfair Competition Law, Business & Professions Code §17200.
Lazy Oil Co., et al. v. Witco Corporation, et al., C.A. No. 94-110 (W.D. Pa.). Defend Witco in class action alleging price fixing in purchase of
crude oil.
1 KIRKPATRICK & LOCKHART NICHOLSON GRAHAMLLP REPRESENTATIVE CLASS ACTION CASES
BOS-464990 v3 0942600-0900
Levitt, et. al. v. London Financial Group, et. al., (District of Columbia Superior Court, Case No. 03-000110). Defend Multiple clients sued in
class action alleging violations of the federal Telephone Consumer Protection Act.
Lum, et al. v. Bank of America, et al., C.A. 00-23 (D.N.J.). Defend Key Bank, N.A. in a class action alleging that certain large financial institutions
violated the Sherman Act, RICO, and the New Jersey Consumer Fraud Act by conspiring to conceal the alleged fact that the “prime rate” is not the
lowest rate offered by the banks to their best customers.
Skehan v. The Best Service Co., et al., C.A. No. 192657 (Sup. Ct., San Francisco, CA). Defend Bay View Bank in class action alleging illegal
consumer automobile leasing practices.
TransAmerican Refining Corp. v. Dravo Corp., C.A. No. H-88-789 (S.D. Tex.). Defend manufacturer in class action involving pricing of
fabricated pipe in cost-plus contracts.
Urban v. Bill McCracken Oldsmobile, Inc., C.A. No. GD91-04165 (C.C.P. Allegheny Cty., Pa.). Defend car dealership in Unfair Trade Practices
Act claim relating to rustproofing of new cars.
2 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
CONSUMER PRODUCTS
Arthur, et al. v. Litton Loan Servicing LP, et al., No. 1:02-CV-285 (E.D. Tenn.). Defend Litton in nationwide class action arising out of claims
that debt collection activities violated the Fair Debt Collection Practices Act, RICO, and various state laws.
Bartholomaei, Mark A., et al., v. Land Rover North America, Inc., C.A. No. 03-1064 (W.D.Pa.). Defend Land Rover against nationwide class
action alleging defects in the air suspension system of Range Rover SUVs.
Perdomo v. Chase Manhattan Autootive Finance Corp., C.A. No. 03-21966 (S.D. Fla.). Defend Chae in putative consumer class action arising
out claims that taxes collected in connection with automobile leases allegedly violate the Consumer Leasing Act., Florida’s UDAP statute, and Florida
common law.
Ross v. Aventis Pharmaceuticals, Inc., C.A. No. 00-12312-JLT (D. Mass.). Defend client in antitrust litigation arising out of the sale of the
prescription drug, Cardizem CD.
Tuckfield, Ron v. Wal-Mart Stores, Inc., et al., No. 30400087 (3rd Dist. Salt Lake City., Utah Sandy Dept.). Wal-Mart was sued under Utah’s
antispam statute. It was filed by a single plaintiff as a purported class action, noting that he would seek certification. We got defense counsel to
voluntarily dismiss.
Tylka v Gerber Products Co., No. 96 CH 002068 (Circuit Court, Chancery Division, Cook County, Ill.). Represent Gerber Foods, a Division of
Novartis Consumer Health, Inc., in a purported national class action on behalf of all purchasers of certain Gerber Baby Food products from 1993 to
1997, alleging false and misleading advertising.
3 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
CONSUMER/MORTGAGE BANKING (see also FINANCIAL INSTITUTIONS)
Alford, et al. v. Baltimore American Mortgage Corp., et al., No. 24-C-01-006326, (Cir. Ct. Balt. City, MD). Defend PSB Lending Inc. in putative
class action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Maryland
law.
Anderson, et al. v. New Dimension Financial Services, et al., C.A. No. 00 C 3725 (N.D. Ill.) Defend New Dimension Financial Services, LP,
CTX Mortgage Ventures Corporation and CTX Mortgage Company in putative class action alleging violations of the RESPA, the Illinois Consumer
Fraud Act and common law.
Apooyin v. Fidelity Home Mortgage Corporation, No. 0102730-JSV (Cir. Ct., Jefferson, Cty., Ala.) Defend Fidelity Home Mortgage Corporation
in a putative nationwide consumer class action alleging violations of the anti-kickback provisions of the federal Real Estate Settlement Procedures Act
("RESPA") and breach of contract.
Archer and wife, Sheila Archer v. Telluride Funding, et al., No. 1CVS04635 (Superior Court, Durham County, NC). Defend putative class
action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of North Carolina
law.
Bacus v. Litton Loan Servicing LP et al., C.A. No. 19820 (First Judicial Dist., Nev., Storey County). Defend Litton in putative class action arising
out of claims that loan servicing activities violated RESPA and Nevada common law.
Banda et al. v. The City of Houston et al., C.A. No. 98-05962 (D. Tex.). Defend CTX Mortgage Co. and North American Mortgage Co. in a
nationwide consumer class action alleging common law claims and violation of various state unfair and deceptive acts and practices (“UDAP”)
statutes.
Brash v. SN Servicing Corporation and Alaska Eastern Partners, LP, W.E. Pa, C.A. No. 03-0029 (filed January 9, 2003). We represent the
defendants in a class action complaint alleging violations of the Federal Unfair Debt Collection Practices Act.
Bray, et al. v. North American Mortgage Co., C.A. NO. 97-10230-GAO (D. Mass.). Defend North American Mortgage Co. in a nationwide
consumer class action alleging claims under the anti-kickback provisions of the federal Real Estate Settlement Procedure Act (“RESPA”), the
Racketeer Influenced and Corrupt Organizations Act (“RICO”), various state UDAP statutes and common law.
Brigham, et al. v. North American Mortgage Co., C.A. No. 4:98-CV-10 (JRF) (M.D. Ga.). Defend North American Mortgage Co. in a nationwide
consumer class action alleging violations of the anti-kickback provisions of RESPA.
4 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Carraway, Karen et al. vs. Scott Wizig Enterprises, Inc., Bayview Financial Property Trust and Interbay Funding, L.L.C.; Cause No. 03CV-131684; In the 268th District Court, Fort Bend County, Texas. Defend suit on Texas statute requiring annual summary statements of account be
sent to purchasers under contracts for deed.
Coppola, et al. v. Wendover Funding, Inc., C.A. No. 96-11458-PBS (D. Mass.). Defend mortgage servicer in putative nationwide class action
seeking to recover damages for servicer’s charges for fax fees and attorneys’ fees for preparation of mortgage releases and satisfactions
Costa, et al. v. SIB Mortgage Corp., No. 01 CIV 7040 (RLC) (S.D.N.Y.). Defend SIB Mortgage in a putative nationwide consumer class action
alleging violations of the anti-kickback provisions of RESPA.
Cummings, et al. v. Fidelity Home Mortgage Corporation, No. 01-BE-2733-S (N.D. Ala.). Defend Fidelity Home Mortgage Corporation in a
putative nationwide consumer class action alleging violations of the anti-kickback provisions of RESPA.
Davis, et al. v. Community Bank of Northern Virginia, et al., C.A. No. GD-01-8643 (Ct. Common Pleas, Allegheny Cty, Pa.). Defend putative
class action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of the
Pennsylvania Secondary Mortgage Loan Act.
DeYoung, et al. v. The Bank of New York, C.A. No. 95-4422 (Cir. Ct. Norfolk Cty., Mass.). Defend The Bank of New York in a multi-state
consumer class action alleging violations of various state mortgage discharge statutes and state UDAP statutes.
Eash, et al. v. Aegis Mortgage Corporation d/b/a New American Financial, No. 01-5521FDB (W.D. Wa). Defend Aegis Mortgage in a
putative nationwide consumer class action alleging violations of the anti-kickback provisions of RESPA and common law breach of contract and
unjust enrichment.
Easter and Shirley Easter, et al. v. American West Financial, et al., No. C01-1004R (W.D. Wash.). Defend putative class action seeking damages
on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Washington law.
Eisenberg: David Eisenberg, et al. v. Accredited Home Lenders, Inc., et al., In re C.A. No. P-27067 (D. Ariz.). Defend Accredited Home
Lenders, Inc. in a nationwide consumer class action alleging violations of the anti-kickback provisions of RESPA.
Faulcon, and Rocco and Tracy Famolaro, Jr. v. Newport Shores Financial, Inc., et al., No. 24-C-01-006103 (Cir. Ct. Balt. City, MD). Defend
PSB Lending Inc. and Worldwide Credit Company in putative class action seeking damages on behalf of secondary mortgage loan recipients who
allegedly were charged fees and interest in violation of Maryland law.
5 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Frank; Frederick D. Frank; Pamela K. Moehringer; Patricia R. Moehringer; and Caroll Ann Jones v. Aegis Mortgage Corp. (d/b/a Aegis
Mortgage Corp. and EMC Financial, Inc.), C.A. No. 3-98cv-921-J (N.D. Texas). Defend Aegis Mortgage Corp. in a nationwide consumer class
action alleging violations of the anti-kickback provisions of RESPA.
Frazier, et al. v. Equicredit Corporation of Illinois, et al., C. A. No. 0005464 (N.D. Ill.). Defend Provident Mortgage Corp. in putative class
action arising out of alleged violations of the federal Truth In Lending Act (“TILA”).
Frazier, et al. v. Preferred Credit Corp., et al., Case No. 01-CV-2714 (W.D. Tenn.). Defend Impac Funding Corp., Bankers Trust Co. and Bankers
Trust Co. of California, N.A., in putative class action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged
fees and interest in violation of Tennessee law.
Gilmor, et al. v. Preferred Credit Corporation, et al., CV100-4263-CC (Cir. Ct., Clay Cty., Mo.). Defend Impac Funding Corp., Bankers Trust Co.
(n/k/a Deutsche Bank Trust Company Americas) and Bankers Trust Co. of California, N.A. (n/k/a Deutsche Bank National Trust Company) in
putative class action arising out of alleged violations of the Missouri Second Mortgage Loan Act
Hamilton, et al. v. North American Mortgage Co. and CrossLand Mortgage Corp., C.A. No. 98-CV-58-P-H (D. Me.). Defend North American
Mortgage Co. in a nationwide consumer class action alleging violations of the anti-kickback provisions of RESPA and unlawful business practices.
Hawthorne, et al. v. Brightland Builders, Inc. and TMS Mortgage Inc. d/b/a The Money Store, C.A. No. 97-C-3497 (N.D. Ill.). Defend
against allegations of violations of TILA.
Havard, et al. v. Litton Loan Servicing LP, No. 02 C 1893 (N.D. Ill.) Defend Litton Loan Servicing LP in a putative nationwide consumer class
action alleging violations of the loan servicing provisions of RESPA and debt collection provisions of the Fair Debt Collection Practices Act
("FDCPA").
Hayes v. Ameriquest Mortgage Company, No. GLO-L-001041-03 (N.J. Sup. Ct.). Defend Ameriquest Mortgage Company in putative class action
seeking damages on behalf of mortgage loan recipients who allegedly were charged fees in violation of New Jersey law.
Hayes, et al. v. Impac Funding Corp., et al., Case No. 82C01-0111-CP-654 (Vanderburgh Cir. Ct., Ind.). Defend Impac Funding Corp., Bankers
Trust Co. and Bankers Trust Co. of California, N.A., in putative class action seeking damages on behalf of secondary mortgage loan recipients who
allegedly were charged fees and interest in violation of Indiana law.
Hill, et al. v. Pacific Shore Funding, et al., Case No. 24-C-02-000199 (Cir. Ct. Balt. City, Md.). Defend IndyMac Mortgage Holdings, Inc. and
Bankers Trust Company of California, N.A., in putative class action seeking damages on behalf of secondary mortgage loan recipients who allegedly
were charged fees and interest in violation of Maryland law.
6 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Jacques v. First Financial Funding Group, et. al., (San Diego Superior Court, Case No. GIC766645). Defend client sued in class action alleging
violations of the federal Truth In Lending Act, federal Real Estate Settlement Procedures Act, and California’s Unfair Competition Law, Business &
Professions Code §1200.
Joelean and Glennon Ray McDuffie, et al. v. North American Mortgage Co., C.A. No. CV-94-T-1400-N (M.D. Ala.). Defend North American
Mortgage Co. in a nationwide consumer class action alleging violations of the anti-kickback provisions of RESPA, TILA, various state UDAP statutes
and common law.
Kay v. National City Mortgage Co., Case No. C-3-03-160, pending in U.S. District Court for the Southern District of Ohio. We represent the
defendant. The plaintiff seeks to represent a class of borrowers in South Carolina who allegedly did not have mortgage broker fees included in APR
calculations. The case is brought under the Truth in Lending Act.
Kee, individually, and as trustee for John Doe, Jane Doe, and ABC Entities, also Richard Roe, Rebecca Roe, and XYZ Entities v. Prime
Mortgage Investors, Inc. et al., C.A. No. 98-142-CIV-MIDDLEBROOKS (S.D. Fla.). Defend CrossLand Mortgage Corp. in a nationwide
consumer class action alleging claims under the anti-kickback provisions of RESPA, RICO, various state UDAP statutes and common law.
Koebler, et al. v. FirstPlus Home Loan Trust 1996-2, et al., C.A. No. GD-01-6841 (Ct. Common Pleas, Allegheny Cty, Pa.). Defend putative class
action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of the Pennsylvania
Secondary Mortgage Loan Act.
Kotelenets v. SIB Mortgage Corp., No. 02 C 0644 (N.D. Ill.) Defend SIB Mortgage in putative multi-state consumer class action alleging violations
of the anti-kickback provisions of RESPA, violations of state unfair and deceptive acts and practices statutes, and common law claims based on the
unauthorized practice of law in connection with the preparation of documents affecting title to real estate.
Koslowe, et al. v. Dime Mortgage of New Jersey, Inc. and The Dime Savings Bank of New York, FSB, C.A. No. 97-960 (JCL) (D.N.J.).
Defend Dime Mortgage of New Jersey, Inc. and The Dime Savings Bank of New York, FSB in a nationwide consumer class action alleging violations
of the anti-kickback provisions of RESPA and violations of various state UDAP statutes.
Kunert v. Johnson Ford, C.A. No. 06329060 (Los Angeles Superior Court, Ca.). Defense of bank operating subsidiary in consumer class action
alleging that the spread between the interest rate charged by a car dealer in an automobile conditional sales contract, and the interest rate received by
the dealer in the sale of the contract, violates the Truth in Lending Act as a undisclosed fee, and constitutes a fee for “arranging a loan” prohibited by
California law.
Landmann, et al. v. Bann-Cor, et al., No. 01-417-DRH (S.D. Ill.). Defend putative class action seeking damages on behalf of secondary mortgage
loan recipients who allegedly were charged fees and interest in violation of Illinois law.
7 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Lay, et al. v. Resource Bancshares Mortgage Group, Inc., C.A. No. CV-98-03775 (N.D. Ala.). Defend Resource Bancshares Mortgage Group,
Inc. in a nationwide consumer class action alleging violations of the anti-kickback provisions of RESPA.
Leebens; Shirley J. Leebens, et al. v. Norwest Mortgage, Inc., C.A. No. 96-484 (Cir. Ct., Shelby Cty., Ala.). Defend mortgage servicer in putative
nationwide class action seeking to recover damages for servicer’s charges for fax fees, payoff statement fees, demand statement fees, document
preparation fees and other fees charged in connection with payoffs of mortgage loans.
Levine, et al. v. North American Mortgage Co. and FSI Mortgage, Inc., C.A. No. 98-556-JRT/RLE (D. Minn.). Defend North American
Mortgage Co. in a nationwide consumer class action alleging claims under the anti-kickback provisions of RESPA, RICO, various state UDAP
statutes, and common law remedies.
Libri and Tina Welding, et al. v. NationsBanc Mortgage Corp. and American Mortgage Corp., C.A. No. C98-5026 FDB (W.D. Wash.).
Defend NationsBanc Mortgage Corp. in a nationwide consumer class action alleging claims under the anti-kickback provisions of RESPA, RICO,
various UDAP unfair and common law remedies.
Limper, et al. v. Matrix Financial Services Corp., et al., C.A. No. 96-CVH-022 (C.C.P. Ottawa Cty., Oh.). Defend mortgage servicer in putative
nationwide class action seeking to recover damages for servicer’s charges for fax fees and statement fees.
Livingston, et ux. v. Resolution Trust Corp., as Receiver for Vanguard Federal Savings Bank, C.A. No. 1913 Pgh. 1988 (Pa. Super. Ct.).
Defend Bank from class action allegations involving the use of the Rules of 78s to calculate accrued interest in the prepayment of mobile home loans.
Livingston, et ux. v. Resolution Trust Corp., as Receiver for Vanguard Federal Savings Bank, C.A. No. 90-0487 (W.D. Pa.). Defend Bank
from class action allegations involving the use of the Rules of 78s to calculate accrued interest in the prepayment of mobile home loans.
Livingston, et ux., et al. v. Vanguard Federal Savings Bank, C.A. No. 3077 of 1980 (C.C.P. Allegheny Cty., Pa.). Defend Bank from class action
allegations involving the use of the Rules of 78s to calculate accrued interest in the prepayment of mobile home loans.
Longo, et al. v. Sterling Capital Mortgage Corporation, C.A. No. H-02-1392 (S.D. Tex.). Defend Sterling Capital Mortgage Corporation against
claims of alleged fee-splitting under Section 8(b) of RESPA.
Magaw v. Barnett Bank, C.A. No. 92-0243 (W.D. Pa.). Defend Barnett Bank in a nationwide consumer class action in federal court in Pennsylvania
alleging that interest rates, credit card fees and late charges on credit card accounts were usurious.
8 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Marisol, et al. v. Universal Lending Corporation, Cornerstone Mortgage Corporation, Douglas B. Anderson, Peter Y. Lansing and John
Does 1-10, C.A. No. 96-B-2845 (D. Col.). Defend against allegations of violations of RESPA and RICO in connection with payment of yield spread
premiums to brokers.
Marr v. WMX Technologies, Inc., C.A. No. CV-96-00715425 (Sup. Ct., Litchfield, CT). Defend landfill operator from claims of nuisance and
violations of Connecticut Unfair Trade Practices and Consumer Protection Act based on allegations of improper operation of landfill.
McIntosh v. Irwin Union Bank & Trust Co., No. 01 11174 WRY (D. Mass). Defend Irwin Union in a putative nationwide consumer class action
alleging disclosure violations of the Home Ownership and Equity Protection Act ("HOEPA"), TILA, and claims for rescission of mortgage loans.
Merritt v. North American Mortgage Company, Case No. AMD 01 CV 1450 (U.S.D.C., D. Md.). Defend North American Mortgage Company in
putative class action arising out of charges for credit reports in alleged violation of RESPA.
Mogavero and Catherine G. Mogavero, et al. v. Matrix Financial Services Corporation, C.A. No. 96-11149-GAO (D. Mass.). Defend
mortgage servicer in putative nationwide class action seeking to recover damages for servicer’s charges for fax fees and statement fees.
Moniz v. Crossland Mortgage Corp., C.A. No. 96-12260 WGY (D. Mass.). Defend Crossland Mortgage Corp. in a nationwide consumer class
action alleging violations of the antikickback provisions of RESPA.
Morris v. National City Mortgage Co., Case No. 8:03-3497-26 (D.S.C.) Defend mortgage lender client against class action brought under the
South Carolina Unfair Trade Practices Act.
Moses and Barbara R. Moses, on behalf of themselves and all others similarly situated v. Aegis Mortgage Corp., C.A. No. 98-CV-0359
(N.D. Ga.). Defend Aegis Mortgage Corp. in a nationwide consumer class action alleging violations of the antikickback provisions of RESPA.
National City Mortgage Co. v. Young, Case No. 2003-CP-04-3618 (Court of Common Pleas, Anderson Cty., S.C.) Defend mortgage lender client
against class action brought under various laws including the South Carolina Trade Practices Act and the Truth in Lending Act.
National City Mortgage Co. v. Gregory Graham, et al, Case No. 2003-CP-04-3767 (Court of Common Pleas, Anderson Cty., S.C.) Defend
mortgage lender client against class action brought under various laws including the South Carolina Trade Practices Act and the Truth in Lending Act.
Nicholson v. National Home Loan Corporation, a Florida corporation, et al., No. 24-C-02-000325 (Cir. Ct. Balt. City, MD). Defend PSB
Lending Inc. and IndyMac Mortgage Holdings, Inc. in putative class action seeking damages on behalf of secondary mortgage loan recipients who
allegedly were charged fees and interest in violation of Maryland law.
9 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
O'Hara v. North American Mortgage Company, No. 98-552 (115th Dist., Upshur, Cty.,Tex.). Defend North American Mortgage Corporation in
a putative class action alleging violations of the unauthorized practice of law provisions of the Texas Government Code, 83.001 et seq. in connection
with the preparation of documents affecting title to real estate.
Perry v. Resource Bancshares Mortgage Group, Inc., C.A. No. 98-T-785-N (U.S.D.C., M.D. Ala.) Defend Resource Bancshares Mortgage
Group, Inc. in putative nationwide class action alleging violations of the antikickback provisions of RESPA.
Poirier, et al. v. Real Estate Plus, Inc. (d/b/a Real Estate Plus Mortgage), et al., No. C01-1053R (W.D.Wash.). Defend putative class action
seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Washington law.
Pollice et al. v. National Tax Funding, et al., and Houck et al. v. Capital Asset Research Corp., et al. (U.S.D.C., W.D. Pa. Nos. 98-813 & 98850) (consolidated for pretrial purposes). Defend putative class actions alleging violations of the federal Truth-in-Lending Act, federal Fair Debt
Collection Practices Act, Pennsylvania consumer-protection and usury statutes, common-law fraud and unjust enrichment, and federal and state
constitutional law, challenging the enforceability of, and collection practices regarding, tax and utility claims assigned to private parties. Partial
summary judgment rulings are reported at 59 F. Supp. 2d 474 (W.D. Pa. 1999), aff'd in part and rev'd in part, 225 F.3d 379 (3d Cir. 2000).
Potter, et al. v. Citibank, N.A., C. A. No. 1999-116 (V.I.). Defend Citibank, N.A. in class action alleging violation of the Truth in Lending Act and
the territorial law of the United States Virgin Islands in connection with vendor single interest insurance on financed automobiles.
Richardson, et al. v. Credit Depot Corporation of Ohio, et al., C.A. No. 96-315343-96 (Cuyahoga Cty., Oh.). Defend mortgage servicer in
putative statewide class action seeking to recover damages for originators’ charges of allegedly excessive points and servicer’s charges for prepayments.
Rudnik v. Cortland Savings & Banking Co., C.A. No. 1120 of 1990 G.D. (C.C.P. Fayette Cty., Pa.). Defend Cortland Bank in a consumer class
action pending in which the plaintiffs (a class of campsite owners) are seeking to impose assignee liability on the Bank based upon wrongdoing of the
developer from whom the Bank purchased consumer loan paper.
Ruiz v. Countrywide Home Loans, Inc., et al., C.A. No. SA-99-CA-0364-HG (U.S.D.C., W.D. Tex.). Defend Peirson & Patterson L.L.P. in
putative class action alleging violations of the antikickback provisions of RESPA and the unauthorized practice of law provisions of Texas
Government Code, § 83.001 et seq. in connection with the preparation of documents affecting title to real estate.
Schmitz, on behalf of himself and all others similarly situated v. Aegis Mortgage Corp., an Oklahoma corporation, f/k/a EMC Financial,
Inc. and Home Town Mortgage, Inc., C.A. No. 97-2142 (D. Minn.). Defend Aegis Mortgage Corp. in a nationwide consumer class action alleging
claims under the antikickback provisions of RESPA, various state UDAP statutes and common law.
10 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Schreckengost, et al. v. National Home Loan Corporation, et al., C.A. No. GD-01-3385 (Ct. Common Pleas, Allegheny Cty, Pa.). Defend
putative class action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of the
Pennsylvania Secondary Mortgage Loan Act.
Searcy, et al. v. Impac Funding Corp., et al., Case No. 01-133906 (Cir. Ct. Wayne Cty., MI). Defend Impac Funding Corp., Bankers Trust Co. and
Bankers Trust Co. of California, N.A., in putative class action seeking damages on behalf of secondary mortgage loan recipients who allegedly were
charged fees and interest in violation of Michigan law.
Shattock and Susan Shattock, et al. v. Treo Funding, Inc., et al., No. C01-1051R (W.D.Wash.). Defend putative class action seeking damages on
behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Washington law.
Shepherd v. 1st Potomac Mortgage Corporation, a Virginia corporation, et al., No. 24-C-02-000150 (Cir. Ct. Balt. City, MD). Defend PSB
Lending Inc. in putative class action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in
violation of Maryland law.
Simpson, on behalf of herself and all others similarly situated v. Cityscape Corp., C.A. No. 4:98 CV 31-B-B (N.D. Miss.). Defend Cityscape
Corp. in a nationwide consumer class action alleging violations of the antikickback provisions of RESPA.
Sisson and Michelle Sisson v. Dime Mortgage, Inc. and National Mortgage Investors, Inc., C.A. No. CV-98-RRA-0412-S (N.D. Ala.).
Defend Dime Mortgage, Inc. in a nationwide consumer class action alleging violations of the antikickback provisions of RESPA.
Skinner, et al. v. Preferred Credit Corp., et al.., No. 1CVS05596 (Superior Ct., Durham County, NC). Defend Impac Funding Corp., Bankers
Trust Co. and Bankers Trust Co. of California, N.A., in putative class action seeking damages on behalf of secondary mortgage loan recipients who
allegedly were charged fees and interest in violation of North Carolina law.
Snyder, et al. v. Commonwealth Land Title Insurance Company, C.A. No. 96-2468-CIV-Moreno (S.D. Fla.). Successful defense of purported
state-wide class action against Commonwealth Land Title Insurance Co. for violation of RESPA and fraud; case settled after dismissal with prejudice
on basis of filed rate doctrine.
Soriano v. N orth American Mortgage; C.A. No. BC 241 986 (Los Angeles Sup. Ct., CA). Defend North American Mortgage Company in
California class action alleging that charging interest on pre-closing escrows violates California Finance Code, Civil Code and Unfair Competition Act.
Souchet v. Provident Mortgage Company, C.A. No. 00 C 6954 (U.S.D.C., N.D. Ill.). Defend Provident Mortgage Corp. in putative class action
arising out of alleged violations of TILA.
11 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Spear v. Federal Home Loan Mortgage Corp., C.A. No. 91-0548 (S.D. Fla.). Defend Freddie Mac in purchases of homes from bankrupt builder
General Development Corp. and affiliated mortgage company GDV Financial Corp., alleging assignee liability and defense to payment on purchase
money mortgage loans.
Squire v. Imperial Credit Industries, Inc. , C.A. No. 95-2-12993-5 (Washington Super. Ct., King County). Defend ICII on this consumer class
action wherein plaintiffs alleged ICII improperly charged a mortgage fee for reconveyances.
Street v. PSB Lending Corporation, et al., Case No. 01-2751 GV (W.D. TN). Defend Impac Funding Corp. in putative class action seeking
damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Tennessee law.
Stubblefield, et al. v. North American Mortgage Co., C.A. No. CV-98-191 (Cir. Ct. Ala.). Defend North American Mortgage Co. in a nationwide
consumer class action alleging common law claims and violation of various state UDAP statutes.
Teernstra, et al. v. Mirad Financial Group, et al., No. C01-1029R (W.D.Wash.). Defend putative class action seeking damages on behalf of
secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Washington law.
Templin v. Fleet Mortgage Group, Inc., C.A. No. GD96-16248 (C.C.P. Allegheny Cty., Pa.). Defend mortgage originator and servicer in putative
nationwide class action seeking to recover damages for servicer’s collection of private mortgage insurance premiums.
Thomas v. Owen Federal Bank FSB, et al., No. 01 C 4249 (U.S.D.C., N.D. Ill.). Defend Litton Loan Servicing in putative class action alleging
violations of RESPA and FDCPA.
Thompson v. Irwin Home Equity Corp. and Irwin Union Bank & Trust Company, C.A. No. 01 294 T (U.S.D.C., D. R.I.). Defend Irwin
Home Equity Corp. and Irwin Union Bank & Trust Company in putative class action alleging failure to provide borrowers with completed notice of
right to cancel in violation of TILA. Plaintiffs seek statutory damages and declaratory relief as to rescission and enforceability of arbitration
agreement.
Thompson, et al. v. Irwin Home Equity Corp., et al., C.A. No. 01 204 T (U.S.D.C., D. R.I.). Defend Irwin Union Bank & Trust Company and
Irwin Home Equity Corp. in putative nationwide class action alleging violations of the federal TILA.
Wabby, et al. v. FirstPlus Home Loan Trust 1996-2, et al., C.A. No. GD-01-8002 (Ct. Common Pleas, Allegheny Cty, Pa.). Defend putative class
action seeking damages on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of the Pennsylvania
Secondary Mortgage Loan Act.
12 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Wilson, individually and on behalf of all others similarly situated v. Norwest Mortgage, Inc., C.A. No. 96-12350 EFH (D. Mass.). Defend
Norwest Mortgage, Inc. in a nationwide consumer class action alleging violations of the antikickback provisions of the federal RESPA.
Wratchford v. Accredited Home Lenders, Inc., No. 03-21 DRH, (S.D. Ill.). Defend Accredited Home Lenders, Inc. in a putative nationwide
consumer class action alleging violations of various UDAP statutes and common law.
Wratchford v. CBSK Financial Group, Inc. d/b/a American Home Loans, No. 02 L 1555 (Cir. Ct., Madison Cty., Ill.). Defend CBSK
Financial Group, Inc. d/b/a American Home loans in a putative nationwide consumer class action alleging violations of UDAP statutes and common
law.
Yasgur and Cherilyn J. Yasgur, and all others similarly situated v. Aegis Mortgage Corp., C.A. No. 98-121 JMR/FLN (D. Minn.). Defend
Aegis Mortgage Corp. in a nationwide consumer class action alleging claims under the antikickback provisions of RESPA, various state UDAP
statutes, and common law remedies.
Zacher and Bonnie Zacher, et al. v. Union Financial Corp., et al., No. C01-1043R (W.D.Wash.). Defend putative class action seeking damages
on behalf of secondary mortgage loan recipients who allegedly were charged fees and interest in violation of Washington law.
13 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
ENVIRONMENTAL/TOXIC TORT
Ashland Oil Spill Litigation, In re C.A. No. M-14670 (W.D. Pa.). Defend major independent oil refiner against consolidated class action claims
arising from the nation’s largest inland oil spill.
Bailey v. Texas Eastern Transmission Corp., C.A. No. C-1-91-003 (S.D. Oh.). Defend toxic tort claims of residents arising out of alleged
discharge of PCBs from gas pipeline.
Bettis, et al. v. Ruetgers-Nease Corp., et al., C.A. No. 4:90 CV 0502 (N.D. Oh.). Defend class action asserting diminution of property values and
personal injury claims arising out of alleged discharge of chemical waste.
Buckeye Pipeline Litigation, In re C.A. No. DG90-6018 (C.C.P. Allegheny Cty., Pa.). Defend client in matters related to failure of pipeline
operated by Buckeye and owned by Buckeye Pipe Line Co., L.P.
City of Philadelphia v. Sherwin Williams, et al., C.A. No. 90-7064 (E.D. Pa.). Defend lead pigment manufacturer in action filed on behalf of all
cities in U.S. with population of greater than 100,000 and a “substantial” number of dwellings with lead-based paint present.
Findley, et al. v. Texas Eastern Corporation, et al., Case No. NA89-39-C (S.D. Ind.). Defend class action concerning allegations of diminution of
property values, emotional distress, increased risk of disease, fear of cancer, personal injury and property damage allegedly resulting from exposure to,
and contamination from, PCBs and petroleum hydrocarbons.
Foringer and Debbie Foringer, his wife, individually, Sara Foringer, a minor, by Lyle Foringer, her guardian and Lyle Foringer and
Debbie Foringer, on behalf of all other persons similarly situated v. Buffalo and Pittsburgh Railroad Co., Inc., C.A. No. 19920660-Civ
(C.C.P. Armstrong Cty., Pa.). Defend class action rising from 27-car train derailment which occurred on April 22, 1990.
Lewis et al. v. Airco, Inc., (ESX-L-10503-02), Air Products & Chemicals Inc., Olin Corporation and Ethyl Corporation in a vinyl chloride (VCM)
matter where plaintiff allege conspiracy to intentionally harm plaintiffs. The relief sought includes medical monitoring, as well as compensatory and
punitive damages.
Marr v. WMX Technologies, Inc., C.A. No. CV-96-00715425 (Sup. Ct., Litchfield, CT). Defend landfill operator from claims of nuisance and
violations of Connecticut Unfair Trade Practices and Consumer Protection Act based on allegations of improper operation of landfill.
Mitnick v. BASF, C.A. No. GD98-17767 (C.C.P. Allegheny Cty, Pa.). Defend drug manufacturer in action brought on behalf of all Pennsylvania
citizens. Also coordinated action with other class actions against same company.
14 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Toole, et al. v. Gould, Inc., et al., C.A. No. CV-89-0576 (M.D. Pa.); Anbrogi, et al. v. Gould, Inc., C.A. No. 88-1205 (M.D. Pa.). Defend class
action arising out of contamination from lead battery crushing and processing operations, involving allegations under the Comprehensive
Environmental Response, Compensation and Liability Act, the Pennsylvania Hazardous Sites Cleanup At, and common law claims of strict liability,
negligence, nuisance and trespass.
Vaccine Cases, The, We represent in class action Sigma Aldrich Chemical Company involving numerous common law and statutory violation claims
made against the manufacturers of vaccines containing thimerosal (which contains mercury compounds) and the suppliers of the raw materials to the
vaccine manufacturers.
15 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
ERISA/EMPLOYEE BENEFITS
Burstein et al. v. Retirement Account Plan for Employers of AHERF et al., Civ. Action No. 98-6768 (U.S.D.C., E.D. Pa.). Defend putative
ERISA class action alleging breach of fiduciary duties by the corporate sponsor’s officers and directors.
Beck and Jeannie M. Smith v. Program of Ins Benefits for Hourly Employees of Allegheny Ludlum Steel et al., C.A. No. 97-1632 (W.D.
Pa.). Defend employer and employee benefit plan in class action alleging violations of ERISA arising out of the denial of disability benefits.
Berdis, et al. v. Component Technology Corp. et al., C.A. No. CA96-249 (W.D. Pa.). Defend Benefit Administrators, Inc., third-party
administrator of an employer-funded employee medical and dental benefits plan, in class action alleging violations of ERISA based on termination of
plan by employer.
Gruber, et al. v. Hubbard, Bert, Karle, Weber, Inc., et al., C.A. No. 8563E (W.D. Pa., consolidated with C.A. No. 85130E). Defend HBKW with
respect to available alternatives and potential liabilities for HBKW and its officers, one of whom is president of LEEA in response to a non-profit
corporation that client created and operated for the purpose of providing health and medical care insurance to the employees of employer
participants.
Orlowski, et al v. St. Francis Health System, et al. Civil Action NO. GD 02-17800, Court of Commom Pleas of Allegheny County, Pa. Defend
putative ERISA class action alleging breach of fiduciary duties by hospital management.
Smail v. Allegheny Technologies Incorporated et al., C.A. No. 99-1960 (W.D. Pa.). Defend employer and employee pension plan in class action
alleging violations of ERISA, Title VII, the Pennsylvania Wage Payment and Collection Law, the Equal Pay Act of 1964, and Section 1981 of the Civil
Rights Act of 1866, arising out of the denial of five-year pension credits.
16 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
FINANCIAL INSTITUTIONS (see also CONSUMER MORTGAGE BANKING & SECURITIES/CORPORATE)
AG Limited, et al. v. Mellon, C.A. No. 87-1672 (W.D. Pa.). Defend Mellon in fraud, conspiracy and RICO action by investor-limited partners of
borrower’s guarantor involving Title 8 housing investments.
Benavides v. Aquion Partners, C.A. No. 715036 (San Diego Superior Court). Defended California Thrift and Loan, a co-defendant in this
consumer class action. Plaintiffs dismissed client from the class action with no consideration after a demurrer was successfully filed on behalf of the
client.
Crystal Lake Investors Ltd, et al. v. Mellon, et al., C.A. No. 87-2137 (C.D. Ca.). Defend Mellon in fraud, conspiracy and RICO action by
investor-limited partners of borrower’s guarantor involving Title 8 housing investments.
Decker, et al. v. John W. Atherton, et al., C.A. No. 89-4345 SSB (D.N.J). Defend class action securities fraud suit consolidating approximately six
separately filed class action suits against CitiFed Financial Corp. (“CityFed”), a former savings and loan holding company whose principal subsidiary
was City Federal Savings Bank (“City Federal”), and certain former officers and directors of CityFed and City Federal, and CityFed’s outside auditors.
Diamond Wire Spring Co., et al. v. Equibank, et al., C.A. No. 91-91 (W.D. Pa.). Defend Bank in a class action alleging violation of ERISA (and
other claims) based on failure to pay various insurance claims for numerous claimants throughout the country.
Emanuel v. Phillips Production Company and Phillips Resources, Inc., C.A. No. CD 99-10451 (C.C.P. Indiana County, Pa.). Class action
seeking royalty payments arising out of the Columbia bankruptcy settlement.
Feifer v. Liberty State Bank, C.A. No. 88-0035 (M.D. Pa.). Action against board of directors of small bank in 10b-5 action by stockholders who
sold bank stock prior to bank merger.
Homziak v. General Electric Capital Warranty Corporation, et al., No. GD-2000-1707 (Pa. Common Pleas, Allegheny C’ty). Defense of Chase
Manhattan in a consumer class action in which the plaintiffs seek to impose assignee liability based upon the alleged wrongdoing of an automobile
dealer.
Houck et al. v. Capital Asset Research Corp. et al. and Pollice et al. v. National Tax Funding L.P. and Capital Asset Research Corp., Ltd.,
consolidated at docket C.A. No. 98-813 (W.D. Pa). Claims against assignees of tax and municipal liens regarding attempts to collect on delinquencies.
Integra Financial Corp. (formerly Equimark Corp.), C.A. No. 90-1504 (W.D. Pa.). Defend Integra Financial Corp. in a class action brought
under Section 10(b) of the 1934 Act challenging the accounting practices and financial reporting practices of Integra’s predecessor in interest,
Equimark Corporation.
17 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Jackson v. First Federal Savings of Arkansas, F.A., et al., C.A. No. LR-C-86-560 (E.D. Ark.); Hagerty, et al. v. First Federal Savings of
Arkansas, F.A., et al., C.A. No. LR-C-87-792 (E.D. Ark.); Gitlin v. First Federal Savings of Arkansas, F.A., et al., C.A. No. LR-C-87-793 (E.D.
Ark.). Defend a securities fraud class action against a troubled thrift institution, alleging misrepresentations concerning valuations of real estate
holdings and loan loss reserves.
Lash v. Equibank, et al., C.A. No. 88-19416 (C.C.P. Allegheny Cty., Pa.). Defend claim brought by class of present and former employees on
theory that defendants breached an alleged contract to form an ESOP which was to be funded with an $8 million reversion resulting from termination
of existing pension plan.
Lerch v. The Citizens First Bancorp, C.A. No. 90-3538 HAA (D.N.J.); Roth v. Kelley, C.A. No. 90-4404 HAA (D.N.J.). Defend consolidated
class actions against savings and loan association and officers for failing to disclose alleged inadequacy of loan loss reserves and other problems.
London v. Chase Manhattan Bank USA, Wal-Mart Stores, Inc. et al., C.A. No. 99-1298 (S.D. Fla). This putative class action asserts claims based
upon the Truth in Lending Act and the Florida Insurance Code for the purported improper sale of credit insurance in connection with the opening of
credit card accounts.
Milkis, et al. v. Mellon Bank, C.A. No. 87-4010 (W.D. Pa.). Defend Mellon against action alleging conspiracy to defraud and in connection with
RICO.
Spear, et al. v. Federal Home Loan Mortgage Corporation, C.A. No. 91-548-Civ-ATKINS (S.D. Fla.). Defend “Freddie Mac” as purchaser of
mortgages on secondary market in class action to invalidate mortgages and for fraud related claims by home purchasers/mortgagors.
Vartan v. CCNB Corp., et al., C.A. No. 1:CU-91-0631 (M.D. Pa.); Norford et al. v. CCNB Corporation et al., No. 1: CU-91-0578 (M.D. Pa.); and
Vartan v. CCNB Corporation, et al., No. 19 Equity 1991 (Pa. Common Pleas, Cumberland C’ty). Defend directors of bank in class action unit
seeking to enjoin an annual meeting and set aside the election of directors based on alleged false and misleading proxy materials.
West Virginia, Ltd., et al. v. Mellon, C.A. No. 87-1672 (E.D. Pa.). Defend Mellon against action alleging conspiracy to defraud and RICO.
LABOR/EMPLOYMENT
Blair, et al., v Babcock Lumber Co., C.a. No. 02-2012 (W.D. PA). Defend class action under the FLSA challenging employer’s classification of
employees performing inside sales work as exempt and seeking backpay for unpaid overtime hours allegedly worked.
18 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Casper, et al., v WESCO Distribution, Inc., C.A. No. 02-1110 (U.S.D.C., W.D. PA). Defend WESCO Distribution, Inc., a world-wide distributor
of electrical equipment and supplies, in a class action brought under the Fair Labor Standards Act and other statutes for allegedly due overtime pay.
DiPerna v. National Health Care Discount, Inc., No. 03-1472 (W.D. Pa.). We represent the defendants, NCHD and several owners/officers in a
class action lawsuit filed under the Fair Labor Standards Act. The Plaintiff claims that defendants failed to pay a class of workers a minimum wage and
statutory overtime as a result of their decision to classify them as independent contractors rather than employees.
Douglas, et al. v. Allied Textile Cos., PLC (In re Carleton Woolen Mills, Inc.), Ch. 7 Case No. 00-10214, Adv. No. 00-1049 (Bankr. D. Me.);
Russell, et al. v. Allied Textile Cos., PLC (In re Carleton Woolen Mills, Inc.), Ch. 7 Case No. 00-10214, Adv. No. 00-1073 (Bankr. D. Me.).
Defend UK parent corporation against former employees of bankrupt subsidiary for severance payments allegedly owed under Maine State law.
EEOC v. George Junior Republic, (No. 98-1382, W.D. Pa.). Defend class action brought by EEOC on behalf of female employees alleging
discriminatory pay practices and retaliation.
Evans v. Liberty Business Information, Inc., C.A. No. 00-1036 (M.D. Pa). Defend WARN Act class action by laid off telemarketing employees.
Perez v. LA Fitness, Inc., et. al., C.A. No. BC 199108 (Los Angeles Superior Court). Represent employees who filed suit against employer for
failure to pay overtime wages. Obtained certification of a portion of the employee class and settled entire action pending court approval.
Swofford v. Duquesne Light Company, et al., C.A. No. 92-10913 (C.C.P. Allegheny Cty., Pa.). Defend an electric utility and two of its chief
executives against a class action lawsuit brought by non-union employees asserting breaches of a written compensation plan which allegedly
constituted a contract with employees.
19 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
INSURANCE
Lester, et al. v. Banner Life Insurance Company, C.A. No. 01-860 (U.S.D.C., S.D., FL). Purported class action brought by life insurance
policyholders alleging sales misrepresentations – class not certified.
20 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
MISCELLANEOUS
Davies, et al. v. Belden & Blake Corporation, Index No. K1-2000-143, (NY Supreme Court, Chatauqua, County). Defend client in class action
claiming additional royalties due on production from approximately 5,000 natural gas wells owned or operated by client.
Houck, et al. v. Capital Asset Research Corp., et al., C.A. No. 98-850 (Pa. Common Pleas, Allegheny C’ty) and Toto Pollice, et al. v. National
Tax Funding L.P., C.A. No. 98-850 (Pa. Common Pleas, Allegheny C’ty). Defend class action concerning the sale of tax liens to private company.
Marcos Human Rights Litigation, In re C.A. MDL No. 840 (D. Haw.). Represent defendant in supplemental proceeding to enforce class action
judgment.
McParland v. Keystone Health Plan Central, Inc., C.A. No. 98-SU-007701-01 (C.C.P. York County, PA). Defend Health Maintenance
Organization (“HMO”) from alleged violations of Pennsylvania Consumer Protection Law relating to marketing materials and representation
regarding premiums and benefits of Medicare HMO program.
Pharmacists Association of Pennsylvania v. Pennsylvania Department of Public Welfare, C.A. No. 2649 (Pennsylvania Board of Claims). Seek
additional compensation for pharmacies providing prescription drug services based on breach of contract by state agency in connection with
reimbursement payments.
Samson v. Superior Asset Research Corp., Case No. 00-CV-5954 (NHP) (D.N.J.). Defend class action concerning the sale of tax liens to private
company.
21 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (“RICO”)
AG Limited, et al. v. Mellon, C.A. No. 87-1672 (W.D. Pa.). Defend Mellon in fraud, conspiracy and RICO action by investor-limited partners of
borrower’s guarantor involving Title 8 housing investments.
Arenstein v. Prudential Securities, Inc., C.A. No. 95-8563-Civ-Hurley. Defend class action against claims for RICO violations, breach of contract,
fraud and negligent misrepresentation brought by plaintiffs seeking to represent a class of persons who purchased allegedly tax-exempt bonds.
Bray; for herself and on behalf of others similarly situated v. North American Mortgage Co., C.A. NO. 97-10230-GAO (D. Mass.). Defend
North American Mortgage Co. in a nationwide consumer class action alleging claims under the antikickback provisions of RESPA, the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), UDAP statutes and common law.
Crystal Lake Investors Ltd, et al. v. Mellon, et al., C.A. No. 87-2137 (C.D. Ca.). Defend Mellon in fraud, conspiracy and RICO action by
investor-limited partners of borrower’s guarantor involving Title 8 housing investments.
Johnston and Paul E. Fontaine, on behalf of themselves and all others similarly situated vs. HBO Film Management, Inc., et al., C.A. No.
95-1300 (W.D. Pa.). Defend Kidder Peabody in class action asserting RICO and state law claims regarding alleged misrepresentations regarding the
production of movies.
Kee, individually, and as trustee for John Doe, Jane Doe, and ABC Entities, also Richard Roe, Rebecca Roe, and XYZ Entities v. Prime
Mortgage Investors, Inc. et al., C.A. No. 98-142-CIV-MIDDLEBROOKS (S.D. Fla.). Defend Crossland Mortgage Corp. in a nationwide consumer
class action alleging claims under the antikickback provisions of RESPA, RICO, UDAP statutes and common law.
Levine and all other similarly situated v. North American Mortgage Co. and FSI Mortgage, Inc., C.A. No. 98-556-JRT/RLE (D. Minn.).
Defend North American Mortgage Co. in a nationwide consumer class action alleging claims under the antikickback provisions of RESPA, RICO,
various state UDAP statutes, and common law remedies.
Libri and Tina Welding, individually and on behalf of all others similarly situated v. NationsBanc Mortgage Corp. and American
Mortgage Corp., C.A. No. C98-5026 FDB (W.D. Wash.). Defend NationsBanc Mortgage Corp. in a nationwide consumer class action alleging
claims under the antikickback provisions of RESPA, RICO, various UDAP unfair and common law remedies.
Lum, et al. v. Bank of America, et al., C.A. 00-23 (D.N.J.). Defend Key Bank, N.A. in a class action alleging that certain large financial institutions
violated the Sherman Act, RICO, and the New Jersey Consumer Fraud Act by conspiring to conceal the alleged fact that the “prime rate” is not the
lowest rate offered by the banks to their best customers.
22 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Marisol, also known as Linda Marisol, on behalf of herself and all others similarly situated v. Universal Lending Corporation, Cornerstone
Mortgage Corporation, Douglas B. Anderson, Peter Y. Lansing and John Does 1-10, C.A. No. 96-B-2845 (D. Col.). Defend against allegations
of violations of RESPA and RICO in connection with payment of yield spread premiums to brokers.
Mathews v. Kidder, Peabody & Co. Incorporated; et al., C.A. No. 95-0085 (W.D. Pa.). Defend brokerage firms in RICO (securities/mail/wire
fraud) and state law claims regarding sales of limited partnership units.
Milkis, et al. v. Mellon Bank, C.A. No. 87-4010 (W.D. Pa.). Defend Mellon against action alleging conspiracy to defraud and in connection with
RICO.
Pharmaceutical Industry Average Wholesale Price Litigation, In re C. A. No. NO. 01-CV-12257-PBS (U.S.D.C, Boston C.A. (Saris, J.); (MDL
No.: 1456.) RICO/fraud/unlawful marketing action against 26 pharmaceutical companies alleging defendants improperly reported Average
Wholesale Price (AWP) of their products as part of an unlawful marketing scheme. Plaintiffs specifically allege that the defendants "inflated" AWP
for their products covered by the Medicare Part B benefit, while discounting the prices charged for the products to physicians and others purchasing
the drugs to administer to patients.
Spitzer et al. v. Abdelhak et al., Civ. Action No. 98-6475 (U.S.D.C., E.D. Pa.). Defend putative class action alleging violation of RICO arising from
the $1.4 billion bankruptcy of a state wide healthcare system.
West Virginia, Ltd., et al. v. Mellon, C.A. No. 87-1672 (E.D. Pa.). Defend Mellon against action alleging conspiracy to defraud and RICO.
23 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
SECURITIES/CORPORATE (see also FINANCIAL INSTITUTIONS)
Advantage Partners L.P. v. INVESCO Trust Co. et al C.A. No. 1:96CV02824 (D. Co.). Defend independent trustees in action under
Section 36(b) of Investment Company Act and state law alleging breach of fiduciary duty by adviser and Trustees.
Anish, Stephen v. Vertex Pharmaceuticals, et al, USDC D. Mass., Civil Action No. 03-12021 PBS; Alleged securities class action claiming material
misrepresentations and omissions related to Vertex Pharmaceuticals' VX-745 program.
Arenstein v. Prudential Securities, Inc., C.A. No. 95-8563-Civ-Hurley. Defend class action against claims for RICO violations, breach of contract,
fraud and negligent misrepresentation brought by plaintiffs seeking to represent a class of persons who purchased allegedly tax-exempt bonds.
Aufman, on behalf of himself and all others similarly situated v. Marconi plc, George Simpson, John Mayo and Steve Hare, C.A. No. 011286 (W.D. Pa). Defend class action complaint alleging violations of federal securities laws.
Bank One Shareholders Class Actions, In re C.A. No. 99 C 0880 (N.D. Ill.). Defend former chief executive officer of defendant First USA in
consolidated shareholders class action against Bank One Corporation, First USA and certain current and former directors and officers for alleged
securities fraud in connection with public announcements regarding estimated earnings.
Bell, Kenneth Jantz, Martin A. Rich, Stanley Kapron and Millionerrors Investment Club, on behalf of themselves and all other similarly
situated v. FORE Systems, Inc., Eric C. Cooper, Michael I. Green, Robert D. Sansom, Francois J. Bitz, Onat Menzilcioglu and Thomas J.
Gill, C.A. 97-1265 (W.D. Pa.). Defend issuer and certain corporate officers and inside directors against allegations of violations of Rule 10(b)5.
Berman and Paul Eirman and all others similarly situated v. Merrill Lynch, Pierce, Fenner & Smith, Inc. and Prudential Securities, Inc.,
C.A. No. CL 95-8291P ( Cir. Ct. of the Fifteenth Judicial Circuit for Palm Beach Cty., Fla.). Defend class action clearing damages sustained as a result
of defendants not paying over credits provided by NYSE, allegedly “overflow payments.”
Bildstein v. The Dreyfus/Laurel Funds, Inc., C.A. No. 97 CIV 8919(DC) (S.D. NY). Represent defendants in class action by purchasers of Retail
Class Shares of the Fund challenging the imposition of distribution fees (12b-1 fees). The complaint was dismissed by the District Court and
dismissal was affirmed by the Second Circuit.
Binder v. SafeCard Services, Inc., C.A. No. 94-2604 (S.D. Fla.). Defend a former Chief Operating Officer/Director of a public company in a
securities fraud action brought by various plaintiffs who sought to represent a class of sellers of the company’s stock over a two-year period of time.
24 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Black Box Corporation Securities Litigation, C.A. No. 03-cv-412 (W.D. Pa.). class action alleging securities fraud against Black Box and its
senior executives alleging misrepresentations and omissions with respect to the company's public filings and financial statements, including the
allegation that the company failed to account properly for uncollectable accounts receivable.
Brock v. Merrill Lynch & Co., et al., Case No. 98-498-CIV-FTM-26D (M.D. Fla.). Represent defendants in case that was brought on behalf of
local government issuers who engaged in so-called “advance refunding” transactions. The allegations are that defendants conspired among
themselves and with other investment banking firms to charge excessive prices (markups) on Treasury securities sold to those issuers in advance
refunding transactions, in violation of the Investment Advisors Act of 1940 and the Sherman Act.
Brown v. The Enstar Group, Inc., C.A. No. 90H-1268-N (M.D. Ala.); Guy Spector v. The Enstar Group, Inc., C.A. No. 90–643 (D. Del.); Peter
J. Hynes, et al. v. The Enstar Group, Inc., et al., C.A. No. 90H-1204-N (M.D. Ala.); Charles Pivens v. The Enstar Group, Inc., et al., C.A. No.
91-018 LON (M.D. Ala.); Albert Zlotnick v. The Enstar Group, Inc., et al., C.A. No. 90-716 (M.D. Ala.). Defend class action brought against
publicly held company alleging false statements in prospectus.
Casey, v. Prudential Securities Incorporated, C.A. No. 3462-97 (Sup. Ct. of N.Y., Cty. of Albany). Defend broker-dealer in action alleging
fraudulent pricing and execution of over-the-counter securities.
Chambers Development Securities Litigation, In re C.A. No. 92-0679 (W.D. Pa.). Defend underwriters in securities law claims regarding
restatement of earnings due to change of accounting methods.
Chiostri, on behalf of himself and all others similarly situated v. FORE Systems, Inc., Eric C. Cooper, Michael I. Green, Robert D.
Sansom, Francois J. Bitz, Onat Menzilcioglu, and Thomas J. Gill, C.A. No. 97-1540 (W.D. Pa.). Defend class action complaint for violations of
federal securities laws. Oscar Federbusch, on behalf of himself and all others similarly situated v. FORE Systems, Inc., Francois J. Bitz, Eric
C. Cooper, Thomas J. Gill, Michael I. Green, Onat Menzilcioglu and Robert D. Sansom, C.A. No. 97-1405 (W.D. Pa.). Defend issuer and
certain corporate officers and inside directors against allegations of violations of Rule 10(b)5. Alexander Haff, on behalf of himself and all others
similarly situated v. FORE Systems, Inc., Eric C. Cooper, Michael I. Green, Robert D. Sansom, Francois J. Bitz, Onat Menzilcioglu and
Thomas J. Gill, C.A. No. 97-1307 (W.D. Pa.). Defend issuer and certain corporate officers and inside directors against allegations of violations of
Rule 10(b)5. Neil Lazzaro v. FORE Systems, Inc., Eric C. Cooper, Michael I. Green, Robert D. Sansom, Francois J. Bitz, Onat
Menzilcioglu and Thomas J. Gill, C.A. No. 97-1393 (W.D. Pa.). Defend issuer and certain corporate officers and inside directors against
allegations of violations of Rule 10(b)5.
Citiline Holdings, Inc., Individually and on behalf of all others similarly situated v. Printcafe Software, Inc., Marc D. Olin and Joseph J.
Whang, C.A. No. 03-0959 (W.D.Pa.). Defend shareholders’ class action brought against President/CEO and CFO/COO of Printcafe under the
25 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
federal securities laws, alleging that the Prospectus issued in connection with the initial public offering of Printcafe common stock was materially false
and misleading.
City of Dearborn Heights General Governmental Employees' Retirement System v. Vertex Pharmaceuticals, et al, USDC D. Mass, Civil
Action No. 03-11855 PBS; Alleged securities class action claiming material misrepresentations and omissions related to Vertex Pharmaceuticals' VX745 program.
Creditrust Litigation: Ronald J. Conlon v. Joseph K. Rensin, et al., In re C.A. No. MJG 00 CV 2174 (D. Md.); Doyle Brewington v. Joseph
K. Rensin, et al., C.A. No. MJG 00 CV 2297 (D. Md.); Larry R. Romine v. Joseph K. Rensin, et al., C.A. No. MJG 00 CV 2343 (D. Md.); Roy T.
Tepper v. Joseph K. Rensin, et al., C.A. No. MJG 00 CV 2346 (D. Md.); Annie Graham v. Joseph K. Rensin, et al., C.A. No. MJG 00 CV 2347
(D. Md.); and Steve Goldstein v. Joseph K. Rensin, et al., C.A. No. MJG 00 CV 2569 (D. Md.). Defend President and CEO in multiple securities
class actions alleging violations of Section 10(b) of the Securities Exchange Act.
Deverini v. Principal Group, C.A. No. CV-87-10988. Defend Canadian investment advisor against claims of securities fraud.
Diversified Financial Services Corporation of American Employee Profit Sharing Plan, David R. Kane, Trustee v. Worthen Banking
Corporation, et al., No. LR-C-85-493, (E.D. Ark.) in the United States District Court for the Eastern District of Arkansas. Defend former director
in a class action concerning allegations of unlawful insider transactions and negligent management of reverse repurchase agreement transactions.
Eaton Vance Corp. Securities Litigation, In re C. A. No. 01CV10911 (U.S.D.C., MA). Defend four senior loan mutual funds and their officers in
a securities fraud class action alleging violations of the Securities Act and the Securities Exchange
Eaton Vance Mutual Funds Fee Litigation, In Re (SDNY) Master File: 04 CA 1144 (JGK). Defending mutual fund complex against charges of
excessive fees and revenue sharing.
Ehrenreich, et al. v. Sensormatic Electronics Corp., et al., Consolidated Case No. 95-6637-Civ-Zloch (S.D. Fla.). Represented Chief Operating
Officer and Chief Financial Officer in defense and settlement of a securities class action alleging that the defendants engaged in improper revenue
recognition and issued misleading financial statements.
Emanuel v. Phillips Production Company and Phillips Resources, Inc., C.A. No. 10451 CD 1999 (C.C.P. Indiana County, Pa). Defend client in
class action claiming natural gas royalty payments from settlement of a gas sales contract.
Fernhoff, et al. v. NuMed Home Health Care, et al., Case No. 96-CV-200 (M.D. Fla.). Defend lead underwriter in class action alleging fraud and
misleading disclosures with respect to public offering of securities.
26 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
First Investors Litigation, C.A. No. 90-Civ-7225 (S.D.N.Y.) (Various class actions filed). Representation of broker-dealer relating to class action in
New York and related significant private actions, some including over a hundred claimants, in Alabama, Arizona, Connecticut, Maine, Massachusetts,
Missouri and Texas, among others, alleging misrepresentation and unsuitability in the sale of mutual fund shares. A related Virginia case constituted
the first criminal case against a mutual fund company for allegedly fraudulent sales practices.
First Union Corporate Securities Litigation, In re and consolidated actions, 3:99CV237 (W.D.N.C.) Defend First Union and executive officers in
a consolidated class action alleging defendants intentionally misled the investing public with regard to acquisitions, thereby inflating the price of First
Union’s stock. In re First Union (128 F. Supp. 2d 871 (W.D.N.C. 2001)
Fox v. BNC Mortgage, Inc. et. al., C.A. No. 00CC02196 (Orange County Superior Court); Glover v. BNC Mortgage, Inc., et al, C.A. No. 17808
(Del. Ch.). Defend client sued in class action arising out of management’s offer to purchase the public shares of client.
Goldberg, et al. v. Merrill Lynch, et al., C.A. No. 93-307848CZ (Cir. Ct., Wayne Cty., Mich.); Hutson v. Merrill Lynch, et al., No. 89-Civ-8358
(S.D.N.Y.). Defend Merrill Lynch as syndicator of real estate partnerships sponsored by Oxford Development Corporation in fraud class actions
brought by purchasers of limited partnership interests.
Gourdji, Alfred, et al., v. PolyMedica Corp., et al., C.A. No. 03-11393-RCL. Defend executive officers in class actions alleging that defendants
improper accounting of advertising expenses resulted in need to restate earnings.
Graham and John P. Iurlano, et al. v. General Electric Co., P.L.C., et al., C.A. No. 99-817 (W.D. Pa, consolidated with Case No. 99-871).
Defend class actions arising out of grant of stock options to senior management.
Griwatz, on behalf of himself and all others similarly situated v. Marconi plc, George Simpson, John Mayo and Steve Hare, C.A. No. 011259 (W.D. Pa.). Defend class action complaint alleging violations of federal securities laws.
Gulf Oil/Cities Service Tender Offer Litigation, In re C.A. No. 82-Civ-5253 (S.D.N.Y.). Defend Chevron as successor to Gulf Oil in multibillion dollar class action fraud and breach of contract of contract claims brought by Cities Service shareholders arising out of Gulf’s aborted tender
offer for Cities Service.
Halliburton class actions - Defend Halliburton in the following class action suits brought under the federal securities laws regarding allegedly
improper accounting for unapproved claims on engineering, procurement, and construction contracts and allegedly understating extent of asbestos
liability acquired in connection with acquisition of another company.
Abramowitz v. Halliburton C.A. 3-02CV 1248-L (N.D. TX (Dallas Division)
27 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Coelho v. Arthur Andersen, et al C.A. 3-02CV 1368-L (N.D. TX (Dallas Division)
Davis, Robert W. vs. Halliburton C.A. H-02-2394 (S.D. TX (Houston Division)
Gambel, Alan v. Halliburton C.A. 3-02CV1268-L (N.D. TX (Dallas Division)
Gardner, David v. Halliburton C.A. 3-02CV1247-M (N.D. TX (Dallas Division)
Goldberg-Blum v. Halliburton C.A. 3-02CV 1532-R (N.D. TX) (Dallas Division)
Hack, Ernest v. Arthur Andersen, et alC.A. 02C-4120 (N.D. IL) (Eastern Division)
Jaroslawicz, David v. Halliburton C.A. 02CV 2176-H (S.D. TX) (Houston Division)
Kimble, John v. Halliburton C.A. 03-CV-1965-L. (U.S.D.C., Northern District of Texas)
Kosten, Harold v. Halliburton C.A. 3-02CV 1174-H (N.D. TX) (Dallas Division)
McAdams v. Halliburton C.A. 3-02CV 1261-L (N.D. TX) (Dallas Division)
Moore, Richard v. Halliburton C.A. 3-02CV 1152-L (N>D>TX) (Dallas Division)
Nemeth, Charles v. Halliburton C.A. H-02CV 2405 (S.D. TX) (Houston Division)
Parkes, Diana v. Halliburton L. C.A. H-02CV 2266 (S.D. TX) (Houston Division)
Patel v. Halliburton C.A. 3-02 CV 1238-L (N.D. TX) (Dallas Division)
Pitman v. Halliburton C.A. 3-02 CV 1514-L (N.D. TX) (Dallas Division)
Polar Investment Co. v. Arhtur Andersen, et al C.A. 02C 4881 (N.D. IL) (Eastern Division)
Russo v. Halliburton C.A. 3-02 CV 1615-G (N.D. TX) (Dallas Division)
Stanley v. Arthur Andersen, et al C.A. 3-02CV 1267-R (N.D. TX) (Dallas Division)
28 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Stephens v. Halliburton. C.A. 3-02CV 1442-L (N.D. TX) (Dallas Division)
Thibodeau v. Arthur Andersen, et al C.A. 3-02CV 1634-L (N.D. TX) (Dallas Division)
Turbowitz v. Halliburton C.A. 3-02CV 1168-L (N.D. TX) (Dallas Division)
Vasquez v. Arthur Andersen, et al C.A. 3-02CV 1633-L (N.D.TX) (Dallas Division)
Harbor Finance Partners v. Thomas Gill, et al., C.A. No. 17161 (Del. Ch.) and related cases. Defend corporation, its directors and officers against
fiduciary duty claims relating to a tender offer and grant of stock options prior to commencement of tender offer.
Harrington, Ben v. Vertex Pharmaceuticals, et al, USDC D. Mass, Civil Action No. 03-12085-PBS; Alleged securities class action claiming
material misrepresentations and omissions related to Vertex Pharmaceuticals' VX-745 program.
Herron, et al. v. OTRA Securities Group, Inc., et al., C.A. No. 91-C-714S (C.D. Utah). Advise client in class action alleging improper assessment
of transaction fees on brokerage accounts.
Houston Corp. v. Environmental Systems Company, et al., C.A. No. LRC-89-77 (E.D. Ark.). Defend NYSE company and certain of its officers
and directors in class action alleging false corporate reporting.
Houston Corporation v. Environmental Systems Company, et al., No. LR-C-89-77 (E.D. Ark.). Defense of the company and three of its
officers and directors in a class action securities fraud case arising out of alleged negligent misrepresentations based on allegations that the company’s
press releases and financial statements were false and misleading.
In the Matter of Federated Dept. Stores, Inc. and Allied Stores Corp., et al., Consolidated Case No. 1-90-00130 (Bankr. S.D. Ohio). Defend
preferred shareholders in action by debtor to eliminate shareholders’ voting rights.
Initial Public Offering Securities Litigation, In re Master File No. 21 MC 92 (SAS) (S.D.N.Y.). Represent issuer and director/officer defendants
in class action litigation by purchasers of shares in issuer’s initial public offering.
Johns William v. Vertex Pharmaceuticals, et al, USDC D. Mass., Civil Action No. 03-12040-PBS; Alleged securities class action claiming material
misrepresentations and omissions related to Vertex Pharmaceuticals’ VX-745 program.
29 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Johnston and Paul E. Fontaine, on behalf of themselves and all others similarly situated vs. HBO Film Management, Inc., et al., C.A. No.
95-1300 (W.D. Pa.). Defend Kidder Peabody in class action asserting RICO and state law claims regarding alleged misrepresentations regarding the
production of movies.
Karpus v. Liberty Allstar Equity Fund, et al., C.A. No. B-88-644JAC (D. Conn.). Defend class action alleging failure to disclose wrongdoing in
connection with the decision not to terminate an investment fund’s adviser.
Katz v. Kindercare Learning Centers, Inc., C.A. No. 11209 (Del. Ch.). Defend class action alleging failure to disclose material facts in connection
with a restructuring.
Katz, et al. v. Mid Atlantic Medical Services, Inc., et al., Filed November 14, 1996 (Cir. Ct. Montgomery Cty., Md.). Defendant New York Stock
Exchange Company in action alleging that earnings projections were misleading. Case is significant in that it represents an attempt by plaintiff bar to
establish “fraud on the market” concept under state common law.
Kazas, on behalf of himself and all others similarly situated v. Marconi plc, George Simpson, John Mayo and Steve Hare, C.A. No. 01-1289
(W.D. Pa). Defend class action complaint alleging violations of federal securities laws.
Kircher, Carl et al v. Putnam Funds Trust, et al No. 03-L-1255 (Circuit Court for Madison County, Illinois), defend invetsment advieser in class
action alleging breach of fiduciary duty in connection with the computation of net asset value of mutual fund investing in foreign securities.
Krim, et al. v. General Electric Co. P.L.C., et al., C.A. No. 99-872 (W.D. Pa, consolidated with Case No. 99-781). Defend class actions arising out
of grant of stock options to senior management.
Lazar v. Arrays, Inc., C.A. No. CV 84-8100-WJR (Px); C.A. No. CV 84-8781-WJR (Px) (C.D. Ca.). Defend securities litigation involving alleged
misrepresentations of financials.
Lewis v. E.C. Ernst, Inc., et al., C.A. No. 78C 2488 (S.D.N.Y.); Ishayik v. E.C. Ernst, Inc., et al., C.A. No. 78 Cir. 5415 (E.D.N.Y). Defend two
complex class action fraud suits that were eventually consolidated in the Eastern District of New York.
Marcano, Carlos v. Vertex Pharmaceuticals, et al, USDC D. Mass., Civil Action No. 03-11852-PBS; Alleged securities class action claiming
material misrepresentations and omissions related to Vertex Pharmaceuticals' VX-745 program.
Marion Merrell Dow Inc. Securities Litigation, In re C.A. No. 92-0609-CV-W-6 (W.D. Mo.). Defend Merrill Lynch, Goldman Sachs and
Lehman Brothers as lead underwriters in secondary offering of Marion Merrell Dow, a pharmaceutical company, in fraud class action arising out of
possible conversion of Seldane to over-the-counter status.
30 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Market Street Limited Partners v. Englander Capital Corp., et al., C.A. No. 92-7434 (S.D.N.Y). Defend American Stock Exchange in securities
fraud class action arising out of transactions in AMR Corporation put options.
Mathews v. Kidder, Peabody & Co. Incorporated; et al., C.A. No. 95-0085 (W.D. Pa.). Defend brokerage firms in RICO (securities/mail/wire
fraud) and state law claims regarding sales of limited partnership units.
Matthews, on behalf of himself and all others similarly situated v. plc, George Simpson, John Mayo and Steve Hare, C.A. No. 01-1267
(W.D. Pa). Defend class action complaint alleging violations of federal securities laws.
McMillan v. The Enstar Group, Inc., et al., C.A. No. CV-91-5186 (N.D. Ala.). Defend corporation in claims involving violations of federal
securities laws.
Mid Atlantic Medical Services, Inc. Securities Litigation, In re C.A. No. PJM-95-2098 (D. Md.). Defend corporation and certain officers and
directors in four consolidated class actions alleging violations of Section 10(b) of the Securities Exchange Act.
Millionerrors Investment Club, et al. v. General Electric Co., P.L.C., et al., C.A. No. 99-781 (W.D. Pa.) and related cases. Defend target
company, its directors and officers against claims arising out of a tender offer and alleging violations of federal antifraud provisions and state law
fiduciary duty claims relating to disclosures and grant of stock options prior to commencement of the tender offer.
Milo v. The Enstar Group, Inc., C.A. No. 11246 (Del. Ch.); Brug v. The Enstar Group, Inc., C.A.-90-089 (D. Del.). Defend class action alleging
a series of misrepresentations and omissions in connection with a restructuring.
MiniScribe Securities Litigation, In re (approximately two dozen cases filed in Colorado, California, Texas and Arizona)—Gottlieb v. Wiles, et
al., C.A. No. 89-M-963 (D. Col.); U.S. National Bank of Galveston, et al. v. Coopers & Lybrand, et al., C.A. No. 89-CV-1081A (212th Dist. Ct.,
Galveston, TX); Joseph v. Wiles, et al., C.A. No. 89–M–731 (D. Col.). Defend venture capital firm and outside director of MiniScribe in securities
actions concerning fraudulent financial statements of Colorado computer manufacturer.
Molten Metal Technology, Inc. Securities Litigation, In re C.A. 97-10325-MLW((USDC, D. Mass.). Represent former officer of corporation in
securities fraud class action brought against the corporation, its officers and directors.
Musicmaker.com Securities Litigation, In re C.A. No. 00-CV-2018-CAS (C.D. Cal.). Defend lead underwriter in private securities class action
alleging violations in connection with an IPO. Case dismissed.
31 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
NASDAQ Market-Makers Antitrust Litigation, In re C.A. No. 94-3996 (S.D.N.Y.). Defend Merrill Lynch in over two dozen class actions that
have now been consolidated in the Southern District of New York, alleging that market-makers in NASDAQ securities conspired to fix the spreads in
those securities.
Nelson et al v. AIM Advisors, Inc., et al, Case No. 01-282-MJR (S.D.Ill.). Defend six investment advisers and their affiliated distributors in
action alleging receipt of unlawful and excessive advisory and distribution fees.
New Image Securities Litigation, In re C.A. No. 90-6345 ER (GHKx) (C.D. Ca.). Defend H.J. Meyers, the underwriter for the New Image
initial public offering. New Image developed and sold 3d image software. New Image was sued for alleged misrepresentations regarding sales
forecasts.
Newton v. Merrill Lynch, Pierce Fenner & Smith, Inc., et al., C.A. No. 94-5343 (D.N.J.). Defend Merrill Lynch in a consolidated class action
alleging that NASDAQ market-makers engage in trading practices that violate their duty of best execution in violation of Section 10(b) of the
Securities Exchange Act.
Nicholas v. Saul Stone & Company LLC; et al., C.A. No. 97-860 (D.N.J.). Defend Prudential Securities Incorporated against allegations of
securities and commodities fraud in connection with a ponzi scheme perpetrated by Sigma Inc., an unregistered commodity trading adviser and
commodity pool operator.
NutriSystems Securities Litigation, In re C.A. Nos. C-91-20084 SW; C-91-20141 SW (consolidated) (N.D. Ca.). Defend H.J. Meyers, the
underwriter for the NutriSystems initial public offering. NutriSystems was sued for the company’s alleged failure to disclose to investors potential
physical side effects related to its weight loss program and the financial impact such alleged side effects may have on the company’s profitability.
O’Malley v. Boris, et al., C.A. No. 15735NC (Del. Ch.) and C.A. No. 59, 1999 (Del. Supreme Court). Defend First Union Corporation,
predecessors-in-interest in a class action alleging breach of fiduciary duty in connection with change by EVEREN in the money market mutual funds
offered to its customers in connection with their brokerage “sweep” accounts.
PaineWebber Short Term U.S. Government Income Fund Securities Litigation, In re (formerly Sabala and Horowitz v. PaineWebber, Inc.,
et al.), C.A. No. 94-Civ-3820 (S.D.N.Y.); Conrey v. PaineWebber, Inc., et al., C.A. No. 121350/94 (Sup. Ct., N.Y.-New York City). Defend
PaineWebber and others in state and federal fraud class actions by mutual fund shareholders asserting claims arising out of purchase of derivative
securities for mutual fund portfolio.
Payne, et al. v. Merrill Lynch, Pierce, Fenner Y Smith, Inc., Civil Action No. PJM-00-2012 (D. Md.). Defend client in class action alleging
improper failure to reinvest dividends earned in IRA custodial accounts.
32 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Philip Services Corp. Securities Litigation, In re C.A. No. 99 Civ. 7825 (SDNY). Defend current and former officers and directors of Philip
Services with regard to alleged fraudulent account practices.
Piven v. Thomas Grill, et al., C.A. No. 17174 (Ct. of Chancery, Del.). Defend class actions arising out of grant of stock options to senior
management.
PNF Industries, Inc., Securities Litigation, In re C.A. No. 92-Civ-8784; 92-Civ-9053 (S.D.N.Y.). Defend American Stock Exchange in class
actions involving listing of PNF Industries.
Polymedica Corp. Securities Litigation, In re Consolidated Case C.A. No. 00-12426REK (D. Mass.) Defend executive officer in a consolidated
securities class action alleging that defendants committed health care fraud, engaged in improper revenue recognition and issued misleading financial
statements.
Polymedica Corp. Shareholder Derivative Litigation, In re, C.A. No. 01-3446 (Superior Court, Middlesex County, MA). Defend executive
officers in stockholders' derivative action.
Presidential Life Insurance Company v. Michael R. Milken, et al., C.A. No. 92-CV-1151 (S.D.N.Y.). Defend Lowell Milken in billion dollar
class actions arising out of activities of Michael Milken and Drexel Burnham.
Prosperitas, Ltd., On Behalf Of Itself And All Others Similarly Situated V. Marconi plc, George Simpson, John Mayo and Steve Hare, C.A.
No. 01-1378 (W.D. Pa). Defend class action complaint alleging violations of federal securities laws.
Quintus Securities Litigation, In re Case No. c-00-4263 VRW (C.D. Cal.). Defend former officers and directors of Mustang.com against
allegations of violations of the securities laws (Sections 11, 12(a)(2), and 15 of the Securities Act and Section 14(a) of the Exchange Act), negligence,
and breach of fiduciary duty related to their approval of the merger of Mustang.com and Quintus Corporation. The purported class consists of those
who purchased or otherwise acquired Quintus stock between November 15, 1999 and November 15, 2000, including those who exchanged their
Mustang.com stock for Quintus stock. Case is now in the pleading stage, with motions to dismiss set for hearing on February 21, 2002
Regeneron Pharmaceuticals, Inc. Securities Litigation, In re C.A. No. 91-Civ-3352 (S.D.N.Y.). Defend Merrill Lynch as underwriter in fraud
class action brought by stock purchasers in initial public offerings of Regeneron Pharmaceuticals, as biotech company.
Rolo, et al. v. City Investing Co. Liquidating Trust, et al., C.A. No. 94-4420 (D.N.J.). Defend Merrill Lynch in fraud class action brought by
purchasers of lot contracts and mortgages from General Development Corporation. Other lender banks were co-defendants.
33 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
San Diego City Employees' Retirement System, et al. v. Alstom SA, ... John Mayo, George Simpson, ..., et al., C.A. 03-CV-8515 (VM)
(S.D.N.Y.). Represent certain Alstom directors in shareholder class action alleging failure of Alstom to disclose massive liabilities.
Schiassl v. KinderCare, Inc., et al., C.A. No. 89-T-1227-N MATT (M.D. Ala.). Defend class action alleging misrepresentations and omissions in
connection with a rights offering.
Schmitzer et al. v. The Italian Oven, Inc., et al., C.A. No. 96-1248 (W.D. Pa.) and related cases. Defend underwriters in federal and state
securities law claims relating to initial public offering.
Schrier, M.D., et al. v. The McGraw-Hill Capital Corporation, et. al., C.A. No. 00 CV 9545 (D. Colo.). Represent investment company with
significant holding private company in suite by minority shareholder alleging fraud and breach of fiduciary duty.
Shaev v. Hampel, et al., C.A. 99-Civ.-10578 (S.D.N.Y.) Defend Alcoa and its inside directors in a derivative action in which the plaintiff claims that
a proxy soliciting approval for an employees’ option plan was fraudulent for failing to disclose the cost of the plan and the number of shares to be
issued under the plan.
SIPC v. Vigman, C.A. No. CV-83-4742-AWT (C.D. Ca.); Cain v. Vigman, C.A. No. CV-83-5674-AWT (C.D. Ca.). Defend class action and related
action by trustees of liquidated broker-dealers against a company and two officers and directors, alleging that the defendants and the broker-dealers
engaged in a manipulation by, among other things, issuing false corporate reports and press releases concerning new products.
Spillane v. G.T. Greater Europe Fund, et al., C.A. No. C-95-4012 DLJ (M.D. Ca.). Defend closed-end mutual fund and investment adviser in
class action securities fraud action seeking to set aside special meeting regarding shareholder vote on open-ending the fund based on allegedly false
and misleading proxy materials.
Steinberg v. Thomas Gill, et al., C.A. No. 17165 (Ct. of Chancery, Del.). Defend class actions arising out of grant of stock options to senior
management.
Stepak v. Aetna Life and Casualty Company, et al., C.A. No. H-90-886 PCD (D. Conn.). Defend outside director in class action alleging Section
10(b) claims under the 1934 Act based on insurance company’s accounting practices.
Sved, Stanley, et al., v. PolyMedica Corpo, et al. C.A. No. 03-11270-RCL. Defend executive officers in securities class actions alleging that
defendants improper accounting of advertising expenses resulted in need to restate earnings.
34 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Stock Exchanges Options Trading Antitrust Litigation, In re C.A. No. M-21-79 (RCC) MDL #1283 (S.D.NY.). Defend client in an action
against five stock exchanges and a number of specialists and market makers on those exchanges alleging a conspiracy to prevent multiple listing of
options on the various exchanges.
Tarlov (Landy) v. PaineWebber Cash Fund, Inc., C.A. No. B80-260(WWE) (D. Conn.); Glassman v. PaineWebber Cash Fund, Inc., C.A.
No. B-82-363 (D. Conn.). Defend action challenging investment fund’s disclosures and seeking recovery of allegedly excessive fees under Section
36(b) of the 1940 Act.
Think New Ideas, Inc., Consolidated Securities Litigation. In re C.A. No. 98 CIV. 6809 (SHS) (S.D.N.Y.). Defend public company and three
of its officers in consolidated class actions alleging violation of the federal securities laws.
Thorman et. al. v. Reynolds, et. al., C.A. No. 98-304 SLR (D. Del.) Defend class action and derivative lawsuits alleging proxy violations in
connection with shareholder rejection of proposed bank acquisition.
Thorman v. Reynolds, C.A. No. 98-304 (D. Del.); C.A. No. 16414 (Del. Ch. Ct.). Defend broker dealer in private securities class action alleging
breach of fiduciary duty and proxy rule violations. Case dismissed with prejudice.
Three Bridges Inv. Group v. Liberty Allstar Equity Fund, et al., C.A. No. 88-573Y (D. Mass.). Defend class action alleging misrepresentations in
a prospectus concerning repayment of an underwriting fee and payment of excessive advisory fees.
Tri-Star Farms, Ltd. v. Marconi plc, C.A. No. 01-1259 (W.D.Pa). Defend client in shareholders class action alleging securities fraud under Section
10 of the Securities Exchange Act and Rule 10b-5
Valder et al., v. Prudential Securities, Inc., C.A. No. 97-644-CV-T-30A (M.D. Fla.). Defend Prudential Securities against allegations it did not
properly disclose interest rate terms regarding margin accounts brought by plaintiffs who sought to represent a class of persons who had margin
account debit balances over a certain amount.
Vargo et al v. Sony Electronics Inc., Court of Common Pleas, Allegheny County, No. GD-04-7503-- Represent Sony Electronics in class action
case filed by purchasers of Sony televisions with allegedly defective cathode ray tubes. Claims are breach of warranty, unjust enrichment, and
violation of the New Jersey Consumer Fraud Act.
Walco Investments et al. v. Tropin, et al., C.A. No. 93-2534-Civ-MORENO (S.D. Fla.). Defend the Vons Companies against allegations of
vicarious liability for actions of an agent involved in a Ponzi scheme operating in the retail and wholesale grocery markets.
WCT Securities Litigation, In re C.A. No. C-94-6524-JMI (BQRx) (C.D. Ca). Defend WCT Communications in securities class action litigation.
35 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Werbowsky v. American Waste Services, Inc.; Goldman Sachs & Co.; PaineWebber Incorporated; Ronald E. Klingle; Darrell D. Wilson;
Charles Boryenance; Bruce P. Chapnick; George M. Adams; Harry L. Crouse; James A. Johnson; and F. Oliver Nicklin, Jr., C.A. No. 4:92
CV 1580 (N.D. Oh.). Defend underwriters in securities law claim relating to initial public offering.
Winick, M.D., et al. v. General Electric Co., P.L.C., et al., C.A. No. 99-1130 (W.D. Pa, consolidated with Case No. 99-781). Defend class actions
arising out of grant of stock options to senior management.
World Wrestling Federation Entertainment, Inc. Initial Public Offering Securities Litigation, In re Case No. 01 Civ. 10972 (SAS) (S.D.N.Y.).
Represent issuer and director/officer defendants in class action litigation by purchasers of shares in issuer’s initial public offering.
36 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
TAX
Samson v. Superior Asset Research Corp. et al. Case No. 00-5954 (NHP) (D.N.J.). Defend putative class action alleging violations of the New
Jersey tax-sale and consumer-protection statutes and common-law fraud, misrepresentation, conspiracy, and unjust enrichment, arising out of
payment plans relating to tax lien certificates purchased by defendants.
37 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
Kirkpatrick & Lockhart Nicholson Graham LLP
BOSTON
PHONE:
+1.617.261.3100
FAX:
+1.617.261.3175
DALLAS
PHONE:
+1.214.939.4900
FAX :
+1.214.939.4949
NEWARK
PHONE:
+1.973.848.4000
FAX:
+1.973.848.4001
HARRISBURG
PHONE:
+1.717.231.4500
FAX:
+1.717.231.4501
NEW YORK
PHONE:
+1.212.536.3900
FAX:
+1.212.536.3901
LOS ANGELES
PHONE:
+1.310.552.5000
FAX:
+1.310.552.5001
PITTSBURGH
PHONE:
+1.412.355.6500
FAX:
+1.412.355.6501
SAN FRANCISCO
PHONE:
+1.415.249.1000
FAX:
+1.415.249.1001
www.klng.com
E-mail: info@klng.com
38 KIRKPATRICK & LOCKHART NICHOLSON GRAHAM LLP REPRESENTATIVE CLASS ACTION CASES
MIAMI
PHONE:
+1.305.539.3300
FAX:
+1.305.358.7095
LONDON
PHONE:
+ 44.0.20.7648.9000
FAX:
+44.20.7648.9001
WASHINGTON
PHONE:
+1.202.778.9000
FAX:
+1.202.778.9100