Cases / Briefs

May 10, 2012 Cases / Briefs

MacDonald v. City Hospital

Public Justice filed an amicus brief urging the West Virginia Supreme Court to strike down the state’s statutory cap on non-economic damages as unconstitutional under the state constitution. Plaintiff James MacDonald developed rhabdomyolysis, life-threatening muscle condition, after a City Hospital physician erroneously prescribed him a…

May 10, 2012 Cases / Briefs

Luke v. Baptist Medical Center-Princeton

Appeal of a district court decision forcing a nurse who was fired after 30 years of employment into arbitration despite her repeated refusal to sign the employer’s arbitration clause. Appeal of district court decision holding that plaintiff, a nurse who was fired after 30 years…

May 10, 2012 Cases / Briefs

Lochearn Nursing Home v. Addison

The trial court had ruled that an elderly, ill woman’s counterclaims against a nursing home for setting in motion a predatory real estate transaction that could strip her of all the equity in her home did not fall within the scope of the nursing home’s…

May 10, 2012 Cases / Briefs

Light v. SCI Funeral Services, Inc.

Amici brief in Florida state court, objecting to a proposed $76 million settlement in this class action lawsuit alleging acts of cemetery desecration. We filed an amici brief in Florida state court, objecting to a proposed $76 million settlement in this class action lawsuit alleging…

May 10, 2012 Cases / Briefs

Liceaga v. Debt Recovery Solutions, LLC

The Plaintiff in this case is an identity-theft victim whose credit was damaged when the defendant debt collector continued reporting information on a fraudulent account opened by the identity theft, in violation of the California Consumer Credit Reporting Agencies Act (CRAA). We filed a Petition…

May 10, 2012 Cases / Briefs

Leeman v. Cook’s Pest Control, Inc.

When homeowners in this case tried to bring a case against a pest control company alleging it was responsible for damage to their property, the evidence demonstrated that arbitrating their claims before the American Arbitration Association would cost between $12,000 and $16,000. Despite these facts,…

May 10, 2012 Cases / Briefs

Kurns v. Railroad Friction Products Corp.

For much of his life, George Corson was a railroad machinist. After Mr. Corson died of malignant mesothelioma — the only known cause of which is exposure to asbestos, thought to be present in the locomotive boilers and brake shoes he worked with — his…

May 9, 2012 Cases / Briefs

Kelly v. Wyeth

Opposition to drug company’s federal preemption defense in case involving the drug metaclopramide, which was prescribed to the plaintiff in generic form to remedy her so-called “delayed gastric emptying.” When she went off the drug, she experienced severe “akathisia” for over a year – a…

May 9, 2012 Cases / Briefs

Kalhammer v. First USA Bank

We stopped and improved the proposed First USA Bank consumer class action settlement in Kalhammer, which would have provided rebate certificates to credit cardholders, required no minimum payment from First USA, and kept the total settlement award and attorneys’ fees secret. The revised settlement provided…

May 9, 2012 Cases / Briefs

Jones v. Tower Loan of Mississippi, Inc.

We stopped and defeated Tower Loan of Mississippi’s proposed no-opt-out consumer class action settlement with class counsel who had already moved to dismiss the case because it would not settle. The proposed settlement would have paid no money to most class members, but paid class…