Insurance Bad Faith Litigation / Legal Malpractice

Westpac Investments, Inc. v. Sequoia Insurance Co.
Client asked FBBC to strategize and then litigate a case that had been in court for six years against an insurance carrier unwilling to pay full value for fire losses sustained by client to a landmark commercial building. After careful strategic analysis, FBBC aggressively implemented the strategy Continue reading Insurance Bad Faith Litigation / Legal Malpractice

Intellectual Property Entertaintment Law

B&B Hardware, Inc., v. Hargis Industries, Inc., 569 F.3d 383 (8th Cir. 2009) (published Federal Circuit Court opinion)
In this trademark infringement case, FBBC represented a trademark holder, B&B Hardware (“B&B”) in an action against a fastener manufacturer for trademark infringement and other claims. B&B held a federally registered trademark for its fastener product. Continue reading Intellectual Property Entertaintment Law

Ponzi Scheme Financial Fraud Litigation

FBBC has extensive experience in prosecuting class actions on behalf of defrauded victims of Ponzi schemes including having been appointed lead counsel and co-lead counsel to represent plaintiffs in cases that were certified as class actions.

In Re Structured Settlement Litigation
Co-lead Class Counsel in a national class action involving a Ponzi scheme against, among others, Bankers Trust Company, Merrill Lynch, and Wells Fargo Bank. Continue reading Ponzi Scheme Financial Fraud Litigation

Lender Liability Commercial Litigation

Smith v. Westport
FBBC successfully defends couple personally sued for $2,400,000 by commercial lender. The lender sued the couple seeking $2,400,000 on personal a guarantee agreement they signed. If successful, the suit would have economically devastated the couple. The couple had signed an agreement with the lender in which they guaranteed the debt of a family member’s business. When that business went under, the lender personally sued the couple for recovery of the entire debt, totaling $2,400,000. Continue reading Lender Liability Commercial Litigation

Wage And Hour Class Actions

Beauperthuy v. 24 Hour Fitness et al.
Conditional certification in a nationwide class action for club level “managers” working outside the state of California from December 31, 1998 to May 9, 2007, based upon equitable tolling and resulting in an opt-in collective class of nearly 600 members alleging misclassification and nonexempt status of managers in violation of the Fair Labor Standards Act (“FLSA”). Continue reading Wage And Hour Class Actions

Consumer Class Actions – Representative Cases

2:06-cv-2163, United States District Court, District of New Jersey

FBBC, along with its co-counsel, J Paul Gignac, has settled a class action for over $64,200,000 on behalf of over 2,000,000 consumers nationwide.

Foley Bezek Behle & Curtis, LLP (“FBBC”), along with other plaintiffs’ counsel, J Paul Gignac, initiated an action on behalf of Verizon Wireless’ Family SharePlan customers in U.S. District Court for the District of New Jersey (Demmick et al. v. Cellco Partnership d/b/a Verizon Wireless.) The lawsuit alleged that Verizon Wireless improperly billed Family SharePlan customers whose plans provided for different per-minute rates for “after-allowance” minutes used by different phone lines, in violation of customer contracts and state and federal laws. The lawsuit also claims that Verizon Wireless improperly charged Family SharePlan customers for “In-Network” or “In-Family” calling when these calls should have been free under the customers’ plans.

FBBC had to overcome numerous motions filed by Verizon Wireless. And, after a hard-fought class certification process, FBBC was able to obtain a sizeable settlement from Verizon Wireless. Under the settlement, Verizon Wireless will pay $36.7 million into a settlement fund. In addition, Verizon Wireless will provide In-Network Settlement Class Members with personal identification numbers (“PINs”)—valued overall at $27.5 million—that will contain a total of 275 million calling units (domestic and internally). The total settlement fund, including $36.7 million in cash plus $27.5 million in PINs, is $64.2 million.

This settlement was strongly approved by the United States District Court for the District of New Jersey in an opinion [ßhyperlink to the opinion in pdf form] laudatory of FBBC’s and J Paul Gignac’s accomplishments and abilities. The District Court found that Class Counsel FBBC and J Paul Gignac are extremely experienced and compete with some of the nations most prestigious law firms. The Court wend further, quoting with approval as follows: “Class Counsel have a wealth of experience in litigating and resolving complex class action and multidistrict litigation on behalf of consumer plaintiffs. Counsel for Verizon Wireless are known to be highly experienced in defending consumer class actions and have earned the reputation of being among the most formidable defense counsel in the country in cases related to the telecommunications industry.” The Court was “convinced that Class Counsel’s skill in navigating significant and complex issues before a professional mediator was essential to achieving this Settlement.”

FBBC and J Paul Gignac’s efforts were so materially significant to the settlement, that the District Court applied a “lodestar multiplier” of 3.83 with respect to attorneys’ fees was awarded.

Lozano v. AT&T Wireless
After 8 years of litigation, several national cases involving consumer claims for damages by FBBC’s clients against AT&T Wireless have been coordinated before a single Federal Court Judge for approval of settlement of all cases. To our knowledge, this is the first time multiple claims filed in different courts have been coordinated before one judge. This strategic decision was made by FBBC to provide greater value Continue reading Consumer Class Actions – Representative Cases

Hablinski v. Amir Construction

William Hablinski v. Amir Construction, et al.

2:03-cv-06365-CAS-PJW, United States District Court, Central District of California

Jury Awards Architect over $5,000,000 in copyright infringement case

In an action under the Federal Architectural Copyright Act, Foley Bezek Behle & Curtis, LLP’s attorneys, on behalf of Beverly Hills, California based William Hablinski Architecture, obtained a multi-million dollar jury verdict, confirming the broad scope of copyright protection available to architects and other artists. Hablinski, whose firm had worked on designs for such notable clients as Warren Beatty and Annette Bening, Arnold Schwarzenegger and Maria Shriver, Jennifer Lopez and Ben Affleck, Jim Carrey, and Vanna White, discovered that his design for a $20 million dollar mansion built for Los Angeles real estate mogul Fred Sands, was improperly copied and used to build what Hablinski claimed was a “copycat” house. Hablinski sought the assistance of FBBC’s attorneys and, after careful thought, analysis, and planning, FBBC’s attorneys took a difficult and novel case, and successfully paved a litigation path from inception to trial for Hablinski and other architects, draftsmen or those involved in creative expression, to protect their works from unauthorized use. FBBC obtained a jury verdict of $5,000,000 in damages

Godoy v. AT&T Wireless

Godoy v AT&T Wireless Services Inc.

2:04-cv-00670-MJP, United States District Court, Western District of Washington

AT&T Caught Charging Customers for Services They Didn’t Want—$47 Million Paid in Settlement

What began as a telephone call to complain to AT&T Wireless for billing overcharges, turned into a nationwide legal slugfest fought on behalf of hundreds of thousands of disgruntled AT&T customers, ultimately resulting in a hefty $47 million dollar settlement. The case started when Mr. Godoy decided to cancel his wireless service with AT&T partway through his billing cycle. Upon receiving his bill, he discovered that he was charged for the entire billing cycle, even though he had only used his telephone for a portion of the month in which he cancelled. AT&T sought additional revenue from its fleeing customers by implementing a uniform company policy of not prorating, but, instead, charging its customers for a full billing cycle for the month in which the cancellation took place Understandably upset for paying for service he did not want or use, Mr. Godoy contacted the attorneys at Foley, Bezek, Behle & Curtis, LLP. FBBC, together with co-counsel, filed a nationwide class action lawsuit against AT&T for unfair and deceptive billing practices.
Despite the number of procedural obstacles that AT&T placed before Mr. Godoy and FBBC in AT&T’s attempt to essentially be let off scot-free for its unfair charges (including attempts to settle the entire class case with a competing class plaintiff at a significantly discounted price of $2 million), FBBC fought hard for the class of consumers. Through its tenacity, as well as careful planning and strategizing, FBBC represented a nationwide class of affected consumers, leading to a favorable settlement for hundreds of thousands of consumers across America.

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