Representative Cases
Click a case Name for more information, or click the table Headers to sort.
| Practice | Name | Overview | |||
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| Securities Fraud & Shareholder Litigation | 99 Cents Only Stores |
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| Securities Fraud & Shareholder Litigation | Activision, Inc. |
On February 8, 2008, Chimicles & Tikellis LLP filed a class action lawsuit in the Court of Chancery of Delaware against Activision, Inc. (“Activision” or the “Company”) and its Board of Directors asserting claims for breaches of fiduciary duty against the directors of Activision in connection with the sale of voting control of Activision to Vivendi S.A. (“Vivendi”) without obtaining a control premium.
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| Securities Fraud & Shareholder Litigation | AIMCO Partnerships Buyout Case -- Consolidated Capital Institutional Properties, LP |
AIMCO Partnerships Buyout Case -- Consolidated Capital Institutional Properties, LP
The Proposed Settlement of the Action Has Been Preliminarily Approved: |
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| Securities Fraud & Shareholder Litigation | Airgas, Inc. |
On February 9, 2010, Chimicles & Tikellis LLP filed a class action complaint on behalf of all holders of Common Stock of Airgas, Inc. (the “Action”). The Action asserted claims based on alleged breaches of the Airgas directors’ fiduciary duties in connection with the overtures and offers for a negotiated purchase of the Company at a premium price by Air Products and Chemicals Inc. (“Air Products”). |
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| Securities Fraud & Shareholder Litigation | Alliance Capital ("AllianceBernstein") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the AllianceBernstein family of funds (the “Funds”), owned and operated by Alliance Capital Management Holding L.P. |
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| Securities Fraud & Shareholder Litigation | Ambac Financial Group, Inc. Derivative Litigation |
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| Securities Fraud & Shareholder Litigation | American International Group Derivative Litigation |
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| Securities Fraud & Shareholder Litigation | American International Group Double Derivative Litigation |
Chimicles & Tikellis LLP has filed a double derivative action on behalf of AIG Financial Products Corp. ("AIG-FP" or the “Company”), in the Court of Chancery of the State of Delaware.
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| Securities Fraud & Shareholder Litigation | Apple REIT Nine and Apple REIT Ten |
On June 17, 2011, Chimicles & Tikellis LLP filed a class action complaint in the United States District Court for the Eastern District of New York on behalf of investors in Apple REIT Ten, Inc. (“REIT Ten”) and Apple REIT Nine, Inc. (“REIT Nine”). |
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| Securities Fraud & Shareholder Litigation | Atlas Energy Resources, LLC |
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| Securities Fraud & Shareholder Litigation | Bank of America Corporation Merger Derivative Litigation |
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| Securities Fraud & Shareholder Litigation | Bank One Corp. ("Bank One") |
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| Securities Fraud & Shareholder Litigation | Bear Stearns/JPMorgan Buyout: Wayne County Employees Retirement System v. Cayne, et al. |
Filed March 24, 2008, DE Court of Chancery. On March 24, 2008 C&T filed the first shareholder class action lawsuit (“Lawsuit”) in the Court of Chancery of the State of Delaware against The Bear Stearns Companies, Inc. (“Bear Stearns” or the “Company”), JPMorgan Chase & Co. (“JPMorgan”), and certain of Bear Stearns’ officers and directors, challenging the recently amended terms of JPMorgan’s previously announced acquisition of Bear Stearns. |
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| Securities Fraud & Shareholder Litigation | BP p.l.c. Double Derivative Litigation |
On May 21, 2010 Chimicles & Tikellis LLP filed in the Court of Chancery of the State of Delaware a derivative and double derivative action (the “Action”) arising from the April 20, 2010 eruption of oil and natural gas from the wellhead at the Macondo prospect site in the Gulf of Mexico that created a fireball and explosion on the Deepwater Horizon oil rig (“Rig”) managed by BP p.l.c.
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| Securities Fraud & Shareholder Litigation | Capital Source |
Chimicles & Tikellis LLP represented unitholders of Capital Source, L.P. and Capital Source II, L.P., two Delaware limited partnerships, in an action against the general partners and certain affiliates, seeking a liquidation of the partnerships and damages. The general partners and certain of their affiliates sought the consent of the unitholders to merge the partnerships into a newly-formed limited partnership which the general partners and their affiliates intended to continue to operate under liberalized governance provisions. |
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| Securities Fraud & Shareholder Litigation | Citigroup, Inc. Derivative Litigation |
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| Securities Fraud & Shareholder Litigation | CNL Hotels & Resorts Inc. Federal Securities Litigation |
The Firm was lead trial counsel in this settled action filed in 2004 asserting federal securities law claims under the 1933 Securities Act involving a $3.0 Billion real estate investment trust. The Litigation was settled in 2006 by: (1) the establishment of a $35,000,000 Cash Settlement Fund; and, (2) by CNL entering into revised agreements in connection with a proposed Merger between CNL and its affiliate which Plaintiffs estimate red |
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| Securities Fraud & Shareholder Litigation | CNL Hotels Settlement Information | ||||
| Securities Fraud & Shareholder Litigation | Columbia Management/FleetBoston Financial Corporation ("Columbia") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the Columbia family of funds (the “Funds”), operated by FleetBoston Financial Corporation (“FleetBoston”) (NYSE: FBF), Columbia Management Group, Inc (“Columbia Group”), Columbia Management Advisors |
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| Securities Fraud & Shareholder Litigation | Computer Associates |
Sanders v. Wang, No. 16640 (Delaware Court of Chancery), was a derivative suit brought on behalf of Computer Associates International, Inc. The suit alleged that the board exceeded its authority under a Key Employee Stock Ownership Plan by awarding 9.5 million excess shares to the participants. The efforts of Chimicles & Tikellis LLP resulted in the return from the defendants of over $50 million in stock issued in violation of the Company’s plan. This represented a recovery of substantially all of the relief sought by Plaintiffs. |
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| Securities Fraud & Shareholder Litigation | Continental Illinois Securities Litigation |
Chimicles & Tikellis LLP served as lead counsel for the shareholder class in this action alleging federal securities fraud. The case was filed in the federal district court in Chicago and arose from the 1982 oil and gas loan debacle that ultimately resulted in the Bank being taken over by the FDIC. One aspect of this case involved a twenty-week jury trial conducted by Mr. Chimicles on behalf of the class in 1987. Ultimately, the class recovered nearly $40 million. |
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| Securities Fraud & Shareholder Litigation | DVI Inc. Securities Litigation |
Chimicles & Tikellis LLP serves as liaison counsel for this securities action brought in 2003 in the United States District Court for the Eastern District of Pennsylvania on behalf of a certified class of purchasers of DVI Securities between August 10, 1999 and August 13, 2003. The Defendants include former officers and directors of DVI, its former auditor Deloitte & Touche LLP, its underwriter Merrill Lynch & Co., members of the Pritzker family who allegedly exercised control over DVI as the largest shareholder of DVI common stock, and DVI's legal counsel Clifford Chance. |
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| Securities Fraud & Shareholder Litigation | Education Management Corporation (EDMC) Shareholder Litigation |
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| Securities Fraud & Shareholder Litigation | Federated Investors, Inc. ("Federated") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the Federated family of funds (the “Funds”), operated by Federated Investors, Inc. |
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| Securities Fraud & Shareholder Litigation | Franklin Resources, Inc. ("Franklin") |
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| Securities Fraud & Shareholder Litigation | Gelfman, et al. v. Weeden Investors, L.P., et al. |
C&T served as co-counsel in this action on behalf of investors, and C&T Partner, Robert Kriner was on the trial team, in this Action which was tried in the Delaware Court of Chancery. This trial resulted in a judgment in favor of the limited partners who asserted that dilution and a cash out of their investments at a book value of $4.20 per Unit was unfair and in violation of the Partnership Agreement and the General Partner’s fiduciary duties. |
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| Securities Fraud & Shareholder Litigation | Genentech, Inc. |
Chimicles & Tikellis LLP is one of the Co-Lead Counsel for Plaintiffs in a consolidated stockholder class action challenging actions taken by Roche Holdings, Inc., a wholly-owned subsidiary of Roche Holding Ltd’s (together with its subsidiaries and affiliates, “Roche”), to acquire the remaining approximately 44% of the outstanding common stock of Genentech, Inc. (“Genentech” or the “Company”) it did not already own.
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| Securities Fraud & Shareholder Litigation | Harrah's Entertainment, Inc. |
Chimicles & Tikellis LLP represented stockholders of Harrah’s Entertainment, Inc. (HET) in an action that challenging the proposed acquisition of Harrah’s by a buyout group lead by its chairman and CEO, Gary Loveman. Gary Loveman's group announced a $81 per share merger proposal on October 2, 2006. |
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| Securities Fraud & Shareholder Litigation | I.G. Holdings, Inc., et al. v. Hallwood Realty LLC, et al |
C&T represented the public limited partners in this an action challenging the defensive response of the General Partner of Hallwood Partners LP to a premium tender offer by an affiliate of Carl Icahn in 2003. C&T led the litigation on behalf of the public limited partners through expedited injunction proceedings and an expedited trial which led to the General Partner’s agreement to auction and sell the Partnership. |
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| Securities Fraud & Shareholder Litigation | In re Chiron Corporation Shareholder Litigation and In re Chiron Shareholder Deal Litigation |
C&T was Co-lead counsel in these actions brought on behalf of the public stockholders of Chiron Corporation challenging the buyout of Chiron by its 42% parent, Novartis AG. Novartis initially proposed a buyout at $40 per share and thereafter entered into a merger agreement to acquire Chiron for $45 per share. C&T and its co-counsel moved preliminarily to enjoin the merger pending a proper process to maximize value and full disclosure to the stockholders. |
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| Securities Fraud & Shareholder Litigation | In re Cyprus AMAX Minerals Company Shareholders Litigation |
Chimicles & Tikellis LLP is one of lead counsel who represented the public shareholders of Cyprus Amax alleging breach of fiduciary duties by the Cyprus Amax Board in connection with an agreement to merge with Asarco Inc. and the out of hand rejection of a superior proposal to acquire Cyprus Amax by Phelps Dodge. |
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| Securities Fraud & Shareholder Litigation | In re DVI Inc. Securities Litigation |
C&T serves as liaison counsel for this securities action brought in 2003 in the United States District Court for the Eastern District of Pennsylvania on behalf of a now certified class of purchasers of DVI Securities (who purchased between August 10, 1999 and August 13, 2003) for violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. In November, 2006, the Court approved a settlement as to certain entity defendants for a total Partial Settlement of $2,885,000. In August, 2007, the Lead Plaintiffs entered i |
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| Securities Fraud & Shareholder Litigation | In re Freeport-McMoran Sulphur, Inc. Shareholder Litigation |
In this shareholder class action, C&T served as Lead Plaintiffs’ Counsel representing investors in a stock-for-stock merger of two widely held public companies, seeking to remedy the inadequate consideration the stockholders of Sulphur received as part of the merger. The DE Court of Chancery denied defendants’ motions for summary judgment, allowing Plaintiffs to try each and every breach of fiduciary duty claim asserted in the Action. In denying defendants’ motions for summary judgment the Court held there were material |
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| Securities Fraud & Shareholder Litigation | In Re Inland Western Retail Real Estate Trust Securities Litigation (City of St. Clair Shores General Employees Retirement System v. Inland Western Retail Real Estate Trust, Inc., et al.) |
On behalf of City of St Clair Shores General ERS and a proposed class of Inland Western shareholders, on November 1, 2007, C&T filed a federal securities class action complaint alleging violations of the federal securities laws and breaches of fiduciary duty by defendant Inland Western and certain of its current and former directors, officers and affiliates, and its financial advisor, by virtue of their devising and soliciting the shareholders’ approval of a merger of defendants’ affiliate with Inland Western for $375 million worth of the Company's stock.&nbs |
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| Securities Fraud & Shareholder Litigation | In Re Kinder Morgan, Inc. Shareholder Litigation |
C&T serves as Co-Lead Counsel for plaintiffs and a proposed class of Kinder Morgan’s (“KMI”) stockholders challenging one of the largest public shareholder buyouts in history. This shareholder class action alleges that KMI’s officers and directors, and the Buyout Group (which included affiliates of Goldman Sachs, AIG Financial Products Corp. |
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| Securities Fraud & Shareholder Litigation | In re McKesson Derivative Litigation, Saito, et. al. v. McCall, et. al. |
As Lead Counsel in this stockholder derivative action, C&T challenged the actions of the officers, directors and advisors of McKesson and HBOC in proceeding with the merger of the two companies when their managements were allegedly aware of material accounting improprieties at HBOC. In addition, C&T also brought (under Section 220 of the Delaware Code) a books and records case to discover information about the underlying events. |
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| Securities Fraud & Shareholder Litigation | In re Painewebber Limited Partnerships Litigation |
Chimicles & Tikellis represented a class of persons who purchased one or more of 70 limited partnerships, from or through PaineWebber. The suit, brought in the United States District Court for the Southern District of New York, alleged that PaineWebber, through its sales practices represented these investments as appropriate for investors seeking safety, security and preservation of capital and that the unnecessary and excessive fees charged by PaineWebber drained the capital available for investing by the partnership. |
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| Securities Fraud & Shareholder Litigation | In re Paramount Communications Inc. Shareholder Litigation |
Chimicles & Tikellis LLP served as co-liaison counsel and participated extensively in the representation of the public shareholders of Paramount Communications Inc. in the hostile battle between Viacom Inc. and QVC Network for control of Paramount. The shareholder plaintiffs and QVC were successful in persuading the Delaware Court of Chancery to enjoin the merger agreement between Paramount and Viacom on grounds that the agreement, including the lockup provision, unfairly impeded a proper process to maximize shareholder value in the sale and control of Paramount. |
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| Securities Fraud & Shareholder Litigation | In re Piedmont Office Realty Trust Securities Litigation (Washtenaw County Employees Retirement System v. Piedmont Office Realty Trust, Inc., et al. (f/k/a Wells Real Estate Investment Trust, Inc.)) |
On behalf of Washtenaw County ERS and a proposed class of Piedmont shareholders, C&T filed in late-2007 a federal securities class action lawsuit against certain directors of Piedmont charging them with violations of the federal securities laws and breaches of fiduciary duties owed to the shareholders by virtue of defendants’ recommendation that shareholders reject a mid-2007 tender offer made for the shareholders’ stock and defendants’ recommendation to shareholders to vote in favor of making a material change to the Company’s charter that would |
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| Securities Fraud & Shareholder Litigation | In Re Real Estate Associates Limited Partnership Litigation |
100% Recovery for Investors and the First Plaintiffs’ Jury Verdict Awarding Damages After the Passage of the PSLRA.C&T achieved national recognition for obtaining, in a federal securities litigation, the first successful plaintiffs’ verdict under the PSLRA |
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| Securities Fraud & Shareholder Litigation | In re Textainer Financial Services Corporation, et al. |
Chimicles & Tikellis LLP filed a lawsuit on behalf of holders of limited partnership units issued by TCC Equipment Fund, a California Limited Partnership, Textainer Equipment Income Fund II, L.P., Textainer Equipment Income Fund III, L.P., Textainer Equipment Income Fund, IV, L.P., Textainer Equipment Income Fund V, L.P., and Textainer Equipment Fund VI, L.P. |
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| Securities Fraud & Shareholder Litigation | In re Wells Real Estate Investment Trust Securities Litigation (Washtenaw County Employees’ Retirement System v. Wells Real Estate Investment Trust, Inc., et. al.) |
On behalf of Washtenaw County ERS and a proposed class of Wells REIT shareholders, C&T filed in 2007 a federal securities class action lawsuit against certain current and former officers, directors and affiliates of Wells charging them with violations of the federal securities laws by virtue of their of their devising and soliciting the shareholders’ approval via a Proxy of a merger of an affiliate of company insiders with Wells for $175 million worth of the Company’s stock (“Internalization”). |
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| Securities Fraud & Shareholder Litigation | In Re: Adelphia Communications Corp. Securities & Derivative Litigation (No. II) |
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| Securities Fraud & Shareholder Litigation | Inland Western Retail Real Estate Trust Inc. Securities Litigation |
City of St. Clair Shores General Employees Retirement System v. Inland Western Retail Real Estate Trust, Inc. et al.Complaints: |
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| Securities Fraud & Shareholder Litigation | INVESCO Funds Group/AMVESCAP P.L.C. ("INVESCO") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the INVESCO family of funds (the “Funds”), operated by London-based AMVESCAP PLC (“AMVESCAP”) (NYSE: AVZ) and its subsidiary INVESCO Funds Group, Inc. |
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| Securities Fraud & Shareholder Litigation | J.Crew Group, Inc. |
On December 2, 2010, Chimicles & Tikellis LLP filed a class action lawsuit (the “Complaint”) in the Court of Chancery against J.Crew Group, Inc. (“J.Crew” or the “Company”), the members of its Board of Directors, TPG Capital, L.P., TPG Partners VI, L.P. (“TPG”), Chinos Holdings, Inc. and Chinos Acquisition Corporation (“Merger Subs”) in connection with the Agreement and Plan of Merger dated November 23, 2010 (the “Merger Agreement”). |
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| Securities Fraud & Shareholder Litigation | J.Crew Group, Inc. |
On December 2, 2010, Chimicles & Tikellis LLP filed a class action lawsuit (the “Complaint”) in the Court of Chancery against J.Crew Group, Inc. (“J.Crew” or the “Company”), the members of its Board of Directors, TPG Capital, L.P., TPG Partners VI, L.P. (“TPG”), Chinos Holdings, Inc. and Chinos Acquisition Corporation (“Merger Subs”) in connection with the Agreement and Plan of Merger dated November 23, 2010 (the “Merger Agreement”). |
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| Securities Fraud & Shareholder Litigation | Janus Capital Group, Inc. ("Janus") |
Following a hearing on May 3, 2004, the United States District Court for the District of Maryland appointed Chimicles & Tikellis as Lead Fund Derivative Counsel for Fund Derivative claims involving allegation of “market timing” and/or “late trading” on behalf of the Janus family of funds (the “Funds”) |
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| Securities Fraud & Shareholder Litigation | Kinder Morgan Shareholder Litigation |
Chimicles & Tikellis LLP is Co-Lead Counsel representing former stockholders of Kinder Morgan, Inc. (KMI) in an action challenging the acquisition of Kinder Morgan by a buyout group lead by KMI’s largest stockholder and Chairman, Richard Kinder. |
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| Securities Fraud & Shareholder Litigation | Mariner Energy, Inc. |
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| Securities Fraud & Shareholder Litigation | Massachusetts Financial Services Company ("MFS") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the MFS family of funds (the “Funds”), operated by Massachusetts Financial Services Company (d/b/a “MFS Investment Management”) (“MFS Company”), a subsidiary of Sun Life Fin |
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| Securities Fraud & Shareholder Litigation | Montgomery County Employees’ Retirement System v. Citigroup Inc., et. al |
Representing the Montgomery County Employees’ Retirement System, C&T filed on December 28, 2007 a shareholder derivative action alleging breaches of fiduciary duties, waste of corporate assets, gross mismanagement, insider trading and unjust enrichment by current and former Citigroup officers and directors related to Citigroup’s subprime mortgage business which led to the Company reporting billions of dollars in losses in 2007. DE Court of Chancery. |
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| Securities Fraud & Shareholder Litigation | Mutual Fund Fraud Derivative Litigation |
Chimicles & Tikellis LLP is one of three firms appointed Lead Fund Derivative Counsel in the In re Mutual Funds Investment Litigation, MDL 1586, pending in the United States District Court for the District of Maryland before Judge J. Frederick Motz, Judge Catherine C. Blake, and Judge Andre Davis. The coordinated actions allege claims based on the “market timing” and “late trading” scandal which broke in late September 2003 and caused shock waves throughout the $10 trillion mutual fund industry. |
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| Securities Fraud & Shareholder Litigation | Nations/Banc of America ("Nations") |
Chimicles & Tikellis LLP announces that a derivative lawsuit has been filed on behalf of the Nations family of funds (the “Funds”), operated by Bank of America Corp., Banc of America Capital Management LLC, Nations Fund Trust, and their affiliates and subsidiaries, seeking to pursue remedies under common law and the Investment Advisers Act of 1940. |
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| Securities Fraud & Shareholder Litigation | Northern Border Partners, L.P. - Class and Derivative Action |
Chimicles & Tikellis LLP was Plaintiff's counsel in an action on behalf of the public unitholders of Northern Border Partners, L.P. (the "Partnership") and on behalf of the Partnership, alleging breaches of Partnership agreement and breaches of fiduciary duties against the general partners of the Partnership and certain affiliates. The claims arose in connection with a transaction in which, among other things, the Partnership acquired assets of ONEOK, Inc., the indirect majority owner of the general partners. |
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| Securities Fraud & Shareholder Litigation | Phoenix Leasing Limited Partnership Litigation |
Chimicles & Tikellis LLP served as co-lead counsel in this securities class action filed on behalf of the limited partners in Phoenix Leasing Cash Distribution Funds, in the Superior Court of the state of California, Marin County. The action alleged waste of corporate assets, fraud, breach of fiduciary duty and fraudulent sales and marketing by the General Partners of the Funds and other defendants. On February 19, 2002 the Superior Court approved the settlement of this action for $11.7 million. |
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| Securities Fraud & Shareholder Litigation | Piedmont Office Realty Trust Inc. Securities Litigation |
Piedmont Office Realty Trust, Inc. (formerly known as Wells Real Estate Investment Trust, Inc.)
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| Securities Fraud & Shareholder Litigation | Piedmont Office Realty Trust Inc. Securities Litigation |
Piedmont Office Realty Trust, Inc. (formerly known as Wells Real Estate Investment Trust, Inc.)
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| Securities Fraud & Shareholder Litigation | Pilgrim Baxter & Associates, Ltd. ("Pilgrim Baxter") |
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| Securities Fraud & Shareholder Litigation | Putnam Investments Trust ("PUTNAM") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the Putnam family of funds (the “Funds”), owned and/or operated by Marsh & McLennan Companies, Inc., Putnam Investments Trust, Putnam Investment Management LLC, Putnam Investment Funds, and the |
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| Securities Fraud & Shareholder Litigation | Real Estate Associates - Court's Opinions and Orders |
District Court's Rulings on Post-Trial Motions, Dated April 3, 2003 Order Denying Defs Motion for Judgment as a Matter of Law Order Denying In Part and Granting In Part Plaintiffs' Motion for Equitable Relief |
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| Securities Fraud & Shareholder Litigation | Real Estate Associates - Settlement Documents | ||||
| Securities Fraud & Shareholder Litigation | Real Estate Associates Limited Partnership Litigation Information |
August 13, 2004: Report to Court |
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| Securities Fraud & Shareholder Litigation | Scudder/Deutsche Bank AG ("Scudder") |
Chimicles & Tikellis LLP is assisting Lead Fund Derivative Counsel in prosecuting claims on behalf of the Scudder family of funds (the “Funds”), operated by Germany-based financial services company, Deutsche Bank AG (NYSE: DB), Scudder Investments, and Deutsche Investment Management Americas Inc. |
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| Securities Fraud & Shareholder Litigation | SRA International, Inc. |
Chimicles & Tikellis LLP represents Southeastern Pennsylvania Transportation Authority is an action challenging a management-led buyout of SRA International, Inc. (“SRA” or the “Company”) for $31.25 per share. The buyout was led by the Company’s chairman and founder, Ernst Volgenau, and private-equity firm Providence Equity.
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| Securities Fraud & Shareholder Litigation | Strong Financial Corporation ("Strong") |
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| Securities Fraud & Shareholder Litigation | The Clorox Company |
On July 25, 2011, Chimicles & Tikellis LLP filed a class action complaint (the “Action”) on behalf of all holders of common stock of the Clorox Company (“Clorox” or the “Company”). The Action asserts claims based on alleged breaches of the members of the Clorox Board of Directors’ fiduciary duties in connection with their responses to overtures and offers for a negotiated purchase of the Company at a premium price by affiliates of Carl Icahn (“Icahn”).
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| Securities Fraud & Shareholder Litigation | The DIRECTV Group, Inc. |
On May 4, 2009, Liberty Media Corporation (“Liberty Media”) and The DIRECTV Group, Inc. (“DTV”) announced their intention to merge certain affiliates of Liberty Media with DTV (the “Merger”). Liberty Media, DTV’s controlling stockholder, holds its interest in DTV through its “Entertainment Group” tracking stocks. John Malone, Liberty Media and DTV’s Chairman, holds approximately 17% of DTV’s common stock.
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| Securities Fraud & Shareholder Litigation | The Pepsi Bottling Group, Inc. |
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| Securities Fraud & Shareholder Litigation | Vitacost (VITC) Shareholder Litigation |
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| Securities Fraud & Shareholder Litigation | Wells Real Estate Investment Trust Securities Litigation |
Chimicles & Tikellis LLP filed two class action lawsuits on behalf of shareholders of Wells Real Estate Investment Trust, Inc., now known as Piedmont Office Realty Trust: |
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| Consumer Protection | "VOC Free" Paint |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who have purchased certain brands of interior paint. It has been reported that the four brands of paint listed below claim to be free of volatile organic compounds, which are potentially harmful substances. Recent laboratory tests performed by Consumer’s Union, however, have reportedly detected levels of VOCs in each of the brands below. If you have purchased any of the brands of paint listed below, please contact the attorneys listed below. |
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| Consumer Protection | AAA Membership Renewal Backdating |
Chimicles & Tikellis LLP is investigating a potential class action lawsuit on behalf of consumers that renewed their memberships with the American Automobile Association (“AAA”). AAA is an organization that sells memberships to motorists across the United States. The AAA membership subscription typically lasts for a period of 12 months. |
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| Consumer Protection | Airlines – Baggage Fees |
Chimicles & Tikellis is investigating a proposed class action lawsuit against numerous airlines who fail to refund baggage fees when the bags are lost, misplaced and/or damaged. If you have paid a baggage fee to an airline, your bags were then lost, misplaced and/or damaged and the airline failed to provide a refund for the baggage fee please contact the following attorneys: |
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| Consumer Protection | Alberton v. Commonwealth Land Title Insurance Overcharge Litigation |
Chimicles & Tikellis LLP is Co-Lead Counsel in a class action captioned Alberton v. Commonwealth Land Title Company, No. 06-3755 (E.D. Pa.), alleging that Commonwealth Land Title Company overcharged its Pennsylvania customers for title insurance in connection with mortgage refinancings. The Chimicles firm defeated defendant Commonwealth's motion to dismiss and motion for judgment on the pleadings and granted certification of a Pennsylvania class. Please contact the following attorneys below or call toll free at 1-866-399-2487. |
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| Consumer Protection | Apple Time Capsule - Power Failure |
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| Consumer Protection | AT&T Inside Wire Protection Plan Fee |
Chimicles & Tikellis is investigating a potential class action lawsuit against AT&T for assessing an Inside Wire Protection Plan monthly fee to consumers who are tenants in multi-unit apartment buildings. C&T is investigating whether these fees are improperly assessed on tenants who do not own or control these wires. If you live in an apartment building and have been assessed a fee by AT&T for an Inside Wire Protection Plan, WirePro, Inside Wire Maintenance or Home Wire Protection, please contact the attorneys below. |
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| Consumer Protection | Automobile Insurance Overcharge |
Chimicles & Tikellis is investigating a potential class action lawsuit against the insurance companies listed below for allegedly overcharging consumers in Pennsylvania that buy automobile insurance, and who have a vehicle that contains a “passive anti-theft device.” A passive anti-theft device is a feature that reduces the risk of automobile theft (such as an engine immobilizer or alarm system), and is often a standard feature on many cars. |
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| Consumer Protection | Bank Overdraft/Insufficient Funds Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against Wells Fargo and other banks related to insufficient funds/overdraft fees. Specifically, C&T is investigating whether Wells Fargo and other banks automatically re-sequence electronic debit transactions from highest to lowest dollar amounts instead of posting them in the order in which they occurred. This alleged practice drives customers’ checking accounts into a negative balance as quickly as possible, and results in duplicative overdraft charges. |
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| Consumer Protection | BMW Odor |
Chimicles & Tikellis, along with is co-counsel, has filed a lawsuit against BMW of North America LLC ("BMW") in the United States District Court for the District of New Jersey to remedy alleged violations of law in connection with BMW Model E46 vehicles which contain sound insulation that was manufactured with excessive amounts of solvent. Over time, the insulation manufactured with excessive solvent breaks down, causing an offensive odor which has been described as smelling similar to a solvent or wax crayon. The smell typically originates around the t |
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| Consumer Protection | Canon SD790 Camera - Hand Strap Screws |
C&T is investigating a potential class action suit against Canon pertaining to hand strap screw issues with the Canon model SD790 camera. This camera may contain a design defect which causes the hand strap screws to loosen prematurely and drop out of the camera. This in turn causes the side trim of the camera body including the handstrap itself to fall off thereby allowing dirt and debris to enter and cause damage to the camera. |
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| Consumer Protection | Certainteed |
The parties to this litigation have reached a proposed settlement. Information about the settlement can be accessed at www.certainteedshinglesettlement.com. |
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| Consumer Protection | CertainTeed WeatherBoards FiberCement Siding |
Chimicles & Tikellis is investigating allegations that CertainTeed WeatherBoards Fiber Cement exterior siding is defectively designed and prone to premature failure, including shrinking at the seams and joints, excessive cupping and gapping, warping, bowing, dropped panels, nails pulling through panels, cracked panels, significant porosity and moisture absorption, freezing during winter, poor paint adhesion, and generally pulling away from and falling off of homes. |
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| Consumer Protection | Clearwire Wireless Internet Throttling |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers that receive wireless internet access from Clearwire. Clearwire represents that its high-speed internet service is “fast” and “always on.” It has been reported, however, that Clearwire purposely slows the internet connection for its users because it cannot accommodate the large volume of traffic (a practice sometimes referred to as throttling). This throttling practice reportedly occurs during times of the day when demand for internet access is at its highest. |
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| Consumer Protection | Coalbed Methane Gas (“CBM”) Potential Litigation |
Chimicles & Tikellis LLP is investigating a potential class action lawsuit on behalf of landowners in Virginia who have sold their coal rights to an energy company that has subsequently and improperly produced and sold coalbed methane gas (CBM) obtained from the property without having legal claim or permission from the landowner. |
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| Consumer Protection | Coalbed Methane Gas (“CBM”) Potential Litigation |
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| Consumer Protection | Comerica Bank Overdraft Fees |
Chimicles & Tikellis LLP, along with its co-counsel, has filed a proposed class action lawsuit in federal court in Dallas against Comerica Bank. The lawsuit seeks class action status on behalf of consumers who have been assessed multiple overdraft fees. |
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| Consumer Protection | ConAgra Oil – “100% Natural” Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers that purchased ConAgra canola oil, corn oil, vegetable oil, and/or “Best Blend” that was labeled as being “100% Natural.” C&T is investigating reports that these oils are actually made from genetically engineered or genetically modified plants and grains. This is a laboratory process that involves artificially inserting genes into the DNA of food crops or animals. |
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| Consumer Protection | Court Grants Final Approval to Gaiam Water Bottle Settlement |
On October 27, 2010, Chief United States District Judge Wiley Y. Daniel issued an order granting preliminary approval to a class action settlement in a case that C&T filed against Gaiam, Inc. (“Gaiam”) in the United States District Court for the District of Colorado. The complaint filed by C&T alleged that Gaiam had falsely marketed certain water bottles as being “BPA free.” BPA, which is short for bisphenol A, is a potentially harmful substance sometimes found in plastic water bottles. |
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| Consumer Protection | Credit Card Foreign Transaction Fees Charged on Domestic Purchases |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who were charged a “foreign transaction” fee, “cross-boarder” fee, and/or “international service assessment” for domestic credit card purchases involving United States currency. These fees have allegedly been imposed on transactions that, for example, happen to be processed through a bank located in a foreign country, which were physically made in United States territories like Puerto Rico, or which involve the purchase of airline tickets to travel abroad. |
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| Consumer Protection | Credit Card – Miscellaneous Fees |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who have been charged miscellaneous fees by credit card companies. It has been reported that credit card companies have recently begun charging fees such as “inactivity” fees (assessed where there is no activity on the card for a certain amount of time), “foreign transaction” fees (a premium charged for purchases made outside of the United States), and “reinstatement fees” (charged to certain customers as a condition to redeem their accumulated reward points). |
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| Consumer Protection | Credit Insurance Policies – Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of purchasers of credit life insurance, credit disability insurance, and other types of credit insurance policies. Credit insurance policies are designed to protect entities that finance automobile purchases (i.e., automobile dealers, banks, and finance companies) in the event that the person taking a loan out for the automobile becomes disabled or is otherwise unable to satisfy the loan. |
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| Consumer Protection | Debt Settlement Agencies |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who have retained debt negotiation agencies that claim to be able to settle consumer debt for pennies on the dollar. C&T is investigating reports that certain debt settlement agencies charge consumers monthly fees and do nothing in return, make unfounded “guarantees,” charge excessive fees, and provide consumers with inappropriate advice. Numerous state regulators are currently investigating the debt settlement industry for potential deceptive practices. |
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| Consumer Protection | Drop Side Crib Recall Investigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against manufacturers of recalled baby cribs with a drop down side, where the purported fix is to immobilize the drop down feature. Once an immobilizer fix or kit is installed on the crib, the drop down feature can no longer be used. Consumers often pay a premium for cribs with a drop down feature over cribs without a drop down feature. C&T is investigating whether the immobilization of the drop down feature on certain cribs has resulted in consumers overpaying for cribs with such a feature. |
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| Consumer Protection | Energy Star Potential Litigation |
Chimicles & Tikellis is investigating a potential lawsuit related to various appliances that were claimed to qualify for an “Energy Star” efficiency rating, but reportedly did not. Energy Star qualified appliances are generally required to use 20% less energy than standard models, and typically cost more. C&T is investigating allegations that these appliances did not, in fact, properly qualify for the Energy Star efficiency rating. If you have purchased any of the appliances listed below, please contact me: |
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| Consumer Protection | For-Profit Colleges – Deceptive Marketing Practices |
Chimicles & Tikellis is investigating a potential class action lawsuit against various For-Profit Colleges related to deceptive marketing practices including misrepresenting the college’s accreditation, graduation rates and its student’s prospective employment and likely salary after graduation, duration and cost of the program, or financial aid. Enrollment in For-Profit Colleges has grown from about 365,000 students to almost 1.8 million in the last several years. |
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| Consumer Protection | Ford Escape Hybrid & Mercury Mariner Hybrid - Red Triangle / MECS Pump Failure |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of owners and lessees of model years (MY) 2005-2008 Ford Escape Hybrid and 2006-2008 Mercury Mariner Hybrid vehicles. These hybrid vehicles may suffer from a design defect in which the “Motor Electronics Cooling System” (MECS) pump within the vehicle fails prematurely. This may cause the vehicle to exhibit a “High Motor Temperature” and/or a “Red Triangle” display warning light. |
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| Consumer Protection | Gaiam Watter Bottle Class Action |
Chief United States District Judge Wiley Y. Daniel issued an order granting final approval to a class action settlement in a case that C&T filed against Gaiam, Inc. (“Gaiam”) in the United States District Court for the District of Colorado.
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| Consumer Protection | Gas Lease Royalties |
Chimicles & Tikellis LLP is investigating a potential class action lawsuit on behalf of landowners in the state of West Virginia who have entered into oil and gas lease agreements with XTO Energy, Inc. and/or Linn Energy Holdings, LLC. C&T is investigating reports that XTO and Linn are deducting post-production costs from landowners’ royalty payments without express authorization in the leasing agreement. |
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| Consumer Protection | Gateway LX6810 Computer Overheating |
C&T is investigating a potential class action suit against Gateway, Inc. related to the LX6810 model of desktop computers, which was sold through Best Buy, Gateway, and other retailers. Reportedly, the LX6810 was designed and sold with fans that are inadequate to cool the processor and other internal components, causing the computer to overheat and shut down or reboot frequently. If you purchased a Gateway LX6810 computer which frequently shuts down or reboots, please contact the attorneys below. |
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| Consumer Protection | GE Refrigerators |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who have purchased a GE Profile Arctica refrigerator. Specifically, C&T is investigating whether these refrigerators are defectively designed, which leads to ice melting in the inside of the freezer. If you have purchased a GE refrigerator and experienced this problem, please contact the lawyers below. |
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| Consumer Protection | Gift Cards |
Chimicles & Tikellis is investigating a potential class action lawsuit against companies that sell gift cards that have a surcharge or dormancy fee associated with them. Specifically, certain gift card sponsors deduct a fee from the balance of the card if it is not used within a certain period of time; other gift cards expire altogether if they are not used within a period of time. C&T is investigating whether these practices violate certain consumer protection statutes. |
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| Consumer Protection | Gym Membership Cancelations |
Chimicles & Tikellis is investigating reports that certain gyms have policies and practices that make it difficult for consumers to cancel their gym membership. C&T is also investigating reports that some gyms continue to charge former members after they have canceled their membership. If you have experienced this practice, please contact the attorneys below. |
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| Consumer Protection | Heartland Payment Systems - Data Breach Class Action |
Chimicles & Tikellis has been appointed to serve as interim co-lead counsel on behalf of a proposed class of banks, credit unions, and other financial institutions affected by the data breach at Heartland Payment Systems, Inc. (“HPS”) . On September 23, 2009, a consolidated amended complaint was filed against HPS. The consolidated amended complaint was filed in the United States District Court for the Southern District of Texas, where the cases against HPS brought by financial institutions have been transferred for consolidated or coordinated pre-trial proceedings. |
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| Consumer Protection | Heartland Payment Systems - Data Breach Class Action |
Chimicles & Tikellis has been appointed to serve as interim co-lead counsel on behalf of a proposed class of banks, credit unions, and other financial institutions affected by the data breach at Heartland Payment Systems, Inc. (“HPS”) . On September 23, 2009, a consolidated amended complaint was filed against HPS. The consolidated amended complaint was filed in the United States District Court for the Southern District of Texas, where the cases against HPS brought by financial institutions have been transferred for consolidated or coordinated pre-trial proceedings. |
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| Consumer Protection | Homeowner's Insurance - Forced-Placed Insurance and Lender-Placed Insurance Policies |
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| Consumer Protection | Honda and Acura - Door Lock Actuator Failure |
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| Consumer Protection | Honda and Acura Door Lock Actuator Failure |
Chimicles & Tikellis is investigating a proposed class action lawsuit against Honda for alleged premature door lock actuator failure in certain models of Honda and Acura vehicles. These models may contain a defect predisposing the door locks to not lock and/or not unlock electronically as a result of a failed door lock actuator. This problem may result in expensive repairs being needed to the door locking mechanism. |
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| Consumer Protection | Honda Hybrid Litigation |
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| Consumer Protection | Hyundai - Rear Brake Pad and Rotor Replacement |
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| Consumer Protection | Hyundai Elantra MPG |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of owners and lessees of 2012 and 2011 model Hyundai Elantra vehicles. Hyundai advertised that these vehicles would receive 40 miles per gallon in highway driving. It has been reported, however, that these vehicles actually get considerably less than 40 miles to the gallon in normal highway driving conditions. If you purchased a 2012 or 2011 model Hyundai Elantra, please contact the attorneys below. |
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| Consumer Protection | In re Apple iPhone/iPod Warranty Litigation |
Chimicles & Tikellis LLP is court-appointed interim co-lead counsel in a consolidated class action captioned In re Apple iPhone/iPod Warranty Litigation pending in the Northern District of California, in which plaintiffs accuse Apple of improperly denying warranty coverage for iPhones and iPod Touch devices based on a “Liquid Submersion Indicator” which is unreliable and insufficient to determine whether any damage was caused by liquid.
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| Consumer Protection | In re Apple iPhone/iPod Warranty Litigation |
Chimicles & Tikellis LLP is court-appointed interim co-lead counsel in a consolidated class action captioned In re Apple iPhone/iPod Warranty Litigation pending in the Northern District of California, in which plaintiffs accuse Apple of improperly denying warranty coverage for iPhones and iPod Touch devices based on a “Liquid Submersion Indicator” which is unreliable and insufficient to determine whether any damage was caused by liquid.
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| Consumer Protection | Internet Service Providers - Early Termination Fee |
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| Consumer Protection | Lead Toys |
Chimicles & Tikellis is investigating a potential class action lawsuit against various retailers and manufacturers that allegedly sold children’s products containing high level of lead. Exposure to lead in harmful levels can damage the nervous system and cause other health problems. It has been reported that the California Attorney General recently sent a notice to several retailers informing them that some of their products had tested for high levels of lead. Specifically, the letter identified the following products: |
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| Consumer Protection | LG Front Load Washing Machine Mold/Mildew Litigation |
On May 6, 2008, Chimicles & Tikellis LLP, along with co-counsel, filed a consolidated class action complaint in the District Court for the District of New Jersey against LG Electronics USA, Inc. ("LG") on behalf of consumers who purchased allegedly defective front load washing machines manufactured or sold by LG (the "Washing Machines"). |
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| Consumer Protection | LG Televisions |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who purchased certain LCD and plasma flat screen LG televisions. C&T is investigating whether these LG televisions suffer from a design defect that causes internal components in them (including capacitors) to overheat, thereby causing the TVs to stop working. If you have purchased a flat screen LG television and experienced this problem, please contact the attorneys below. |
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| Consumer Protection | Mac OS X Lion - Duplicate Charges through PayPal / iTunes |
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| Consumer Protection | MacBook Air™ – Potential Litigation |
Chimicles & Tikellis LLP is investigating claims that MacBook Air™ laptop computers have a design defect which causes the hinges to malfunction and eventually break, forcing consumers to spend up to $800 for repairs. Chimicles & Tikellis believes that Apple Inc.
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| Consumer Protection | Magnavox Television Litigation | ||||
| Consumer Protection | Magnavox Television Litigation | ||||
| Consumer Protection | Mazda CX-9 - Blower Motor Defect |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of owners and lessees of Mazda CX-9 vehicles, model years ("MY") 2007-2009 . These Mazda vehicles may suffer from a design defect causing the vehicle's front and/or rear interior cabin fan(s) (a/k/a blower motors) to suddenly turn-on and continue to run after the vehicle's ignition has been turned off. Some owners and lessees may have been required to undergo costly repairs due to this potential design defect. |
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| Consumer Protection | MI Windows Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against MI Windows for selling allegedly defective windows. Specifically, C&T is investigating whether MI Windows 8500/4300/3500 series single hung windows suffer from a design defect that results in water entering from a seal at the bottom of the double pane glass. C&T is also investigating MI Windows’ alleged practice of limiting the warranty on the windows to the initial properly owner, but excluding any subsequent owner. |
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| Consumer Protection | Military Veterans - Life Insurance Fraud |
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| Consumer Protection | Monsanto Bollgard Seeds |
Chimicles & Tikellis is investigating a potential class action lawsuit against Monsanto for allegedly selling mislabeled bags of genetically engineered Cotton seeds. The company was recently assessed a $2.5 million fine for this conduct by the Environmental Protection Agency. Monsanto reportedly sold these seeds between 2002-2007. If you have purchased Monsanto Bollgard and Bollgard II cotton seeds, please contact the attorneys below. |
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| Consumer Protection | National City Mortgage - Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against National City for the assessment of certain late fees and the refusal to accept partial payments relating to mortgages. Specifically, assume a borrower owes a monthly mortgage payment in January but fails to make such payment. If he or she makes a timely payment for February and all successive months, National City is suspected of applying the timely February payment to January and assessing a late fee for both January and February. |
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| Consumer Protection | Nissan Maxima and Altima Transmission Failure |
Chimicles & Tikellis is investigating a proposed class action lawsuit against Nissan North America, Inc., for alleged premature automatic transmission failure in 2004-2006 Maxima models and 2005-2006 Altima models. These models may contain a defect causing them to be predisposed to transmission slippage, premature clutch wear, overheating, and other problems that ultimately result in serious and expensive damage to the vehicles' transmission. |
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| Consumer Protection | Nissan Transmission Failure - Altima, Maxima, and Quest Vehicles |
On September 30, 2011, Chimicles & Tikellis filed a class action lawsuit against Nissan North America, Inc. and Nissan Motor Co. Ltd. |
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| Consumer Protection | Out-of-Network Medical Charges Potential Litigation |
Chimicles & Tikellis is investigating whether UnitedHealth, Aetna, WellPoint, Humana, and/or BlueCross/Blue Shield systematically under-pay and under-reimburse consumers for out-of-network medical charges. It has been reported that UnitedHealth relies on "independent research" in setting its reimbursement rates for out-of-network charges, but actually uses a research firm that it owns (called Ingenix) to set these rates. |
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| Consumer Protection | Owens Corning Roofing Shingles |
Chimicles & Tikellis is investigating a potential class action lawsuit against Owens Corning on behalf of consumers that have purchased Owens Corning roofing shingles for commercial, industrial, institutional or residential use. These roofing shingles reportedly contain design flaws that result in premature cracking, curling and degranulating of the shingles, causing property damage and leading to expensive repair and replacement costs. |
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| Consumer Protection | Park West Art Auction |
Chimicles & Tikellis LLP, along with its co-counsel, filed a class action complaint in the District Court for the Eastern District of Michigan on behalf of a class of individuals who purchased artwork from on-board cruise ship art auctions held by Park West Gallery, Inc., PWG Florida, Inc., Vista Fine Art, LLC d/b/a/ Park West at Sea, and/or Albert Scaglione (collectively, “Park West”).
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| Consumer Protection | Park West Art Auction |
Chimicles & Tikellis LLP, along with its co-counsel, filed a class action complaint in the District Court for the Eastern District of Michigan on behalf of a class of individuals who purchased artwork from on-board cruise ship art auctions held by Park West Gallery, Inc., PWG Florida, Inc., Vista Fine Art, LLC d/b/a/ Park West at Sea, and/or Albert Scaglione (collectively, “Park West”).
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| Consumer Protection | Park West Art Auction |
Chimicles & Tikellis LLP, along with its co-counsel, filed a class action complaint in the District Court for the Eastern District of Michigan on behalf of a class of individuals who purchased artwork from on-board cruise ship art auctions held by Park West Gallery, Inc., PWG Florida, Inc., Vista Fine Art, LLC d/b/a/ Park West at Sea, and/or Albert Scaglione (collectively, “Park West”).
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| Consumer Protection | Port Authority Lifetime Parking and Tolls |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of certain retired police officers and other former employees of the Port Authority of New York and New Jersey. Certain Port Authority retirees were reportedly offered free tolls on bridges and tunnels (as well as certain parking perks) for life upon successful retirement. It has been reported, however, that the Port Authority recently revoked this purported lifetime benefit. |
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| Consumer Protection | Pre-Paid Debit Cards |
Chimicles & Tikellis is investigating a potential class action lawsuit against organizations that sell and issue prepaid debit cards to consumers. Some of these prepaid debit cards fail to adequately disclose to consumers the many fees they will incur, including fees for A.T.M.
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| Consumer Protection | Pre-Paid Debit Cards – Excessive Fees |
Chimicles & Tikellis is investigating allegedly deceptive practices associated with pre-paid debit cards. Pre-paid debit cards often work like a gift card, in that one puts a certain amount of money on the card to be used for future purchases. C&T is investigating whether certain sellers of pre-paid debit cards charge excessive annual fees, and also charge consumers termination fees, ATM withdraw fees, and other fees for speaking with a live phone operator. |
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| Consumer Protection | Rental Car Surcharges and Fees |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who were charged with various surcharges and fees by rental car companies. These charges include:
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| Consumer Protection | Safeway Delivery Overcharge Litigation |
On November 1, 2011, the United States District Court for the Northern District of California issued an opinion denying a motion to dismiss filed by Safeway, Inc. |
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| Consumer Protection | Safeway Delivery Overcharge Litigation |
On November 1, 2011, the United States District Court for the Northern District of California issued an opinion denying a motion to dismiss filed by Safeway, Inc. |
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| Consumer Protection | Samsung LCD Televisions |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers that have purchased LCD televisions manufactured by Samsung. Specifically, C&T is investigating whether certain Samsung LCD televisions have a defect that causes them to fail within only a few years of operation. If you have purchased a Samsung plasma television and experienced this problem, please contact the attorneys below. |
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| Consumer Protection | Samsung Television Litigation |
Chimicles & Tikellis, along with its co-counsel, has filed a proposed class action lawsuit against Samsung in the United States District Court for the District of New Jersey. The lawsuit alleges that plasma, LCD and DLP televisions sold by Samsung suffer from a design defect that causes them to fail prematurely. According to the complaint, when these televisions fail during normal use they will no longer turn on, or will shut down so frequently that they are essentially useless. The complaint alleges that Samsung was aware of this design defect, but failed to disclose it to consumers. |
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| Consumer Protection | Samsung Television Litigation |
Chimicles & Tikellis, along with its co-counsel, has filed a proposed class action lawsuit against Samsung in the United States District Court for the District of New Jersey. The lawsuit alleges that plasma, LCD and DLP televisions sold by Samsung suffer from a design defect that causes them to fail prematurely. According to the complaint, when these televisions fail during normal use they will no longer turn on, or will shut down so frequently that they are essentially useless. The complaint alleges that Samsung was aware of this design defect, but failed to disclose it to consumers. |
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| Consumer Protection | Sirius and XM Satellite Radio – Billing Practices |
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| Consumer Protection | Sirius XM Overcharge |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of subscribers to Sirius XM (“Sirius”) satellite radio. Sirius discloses that it charges a $2 “Invoice Administration Fee” to customers that pay their bill by check or by money order. C&T is investigating reports that Sirius also assesses the fee to consumers who pay by credit card. If you are a Sirius subscriber and have been charged an Invoice Administration Fee after paying for your service with a credit card, please contact me. |
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| Consumer Protection | Sloan Optima Flushometer |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who purchased Sloan Optima Flushometer. C&T is investigating whether these devices suffer from a design defect that causes premature failure. |
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| Consumer Protection | Snapple Acai Mixed Berry Red Tea Immunity |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers that have purchased Snapple Acai Mixed Berry Red Tea Immunity products ("Acai drinks"). C&T is investigating whether the labels on the Acai drinks falsely suggest that they will support a healthy immune system. If you have bought one or more Snapple Acai Mixed Berry Red Tea Immunity products, please contact the attorneys below. |
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| Consumer Protection | Sony Playstation®3 - PS3 - 3.21 firmware update |
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| Consumer Protection | Sovereign Bank Overdraft Fees Litigation |
Chimicles & Tikellis has filed a putative class action lawsuit against Sovereign Bank in the United States District Court for the District of New Jersey. The complaint alleges that Sovereign Bank has a systematic practice of re-ordering electronic debit transactions from the highest dollar amount to the lowest dollar amount for the purpose of maximizing the amount of overdraft charges assessed by the bank. According to the complaint, this systematic re-ordering of these debit transactions has no relation to the date or time that the transactions were actually initiated by the customer. |
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| Consumer Protection | Sprint Everything Messaging Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers that purchased "Everything Messaging" cell phone plans from Sprint Nextel. The "Everything Messaging" plans purport to provide consumers with "unlimited" text, picture, and video messaging. It has been reported, however, that Sprint Nextel nevertheless charges consumers with this plan for sending pictures on their cell phones. |
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| Consumer Protection | Suzuki XL-7 Engine Oil Sludge |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of owners and lessees of Suzuki XL-7 vehicles. These Suzuki vehicles may suffer from a design defect causing the vehicle's engine to accumulate oil sludge within the internal engine components and oiling system. When this occurs, the vehicle may unexpectedly “cut-out” during normal driving. Additionally, some individuals have reported having to replace their entire engine as a result of the oil sludge problem. |
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| Consumer Protection | T-Mobile Unlimited T-Zones Double Billing |
Full Recovery Settlement of T-Mobile Overcharging Case |
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| Consumer Protection | Toyota Sudden Acceleration Recall - Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against Toyota on behalf of consumers that have purchased or leased one or more of the recalled vehicles listed below. Toyota recently announced that it was recalling 2.3 million of these cars due to “accelerator pedal problems.” Toyota is reportedly in the process of developing a “fix” to address this defect, but has not yet announced what that remedy will be. |
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| Consumer Protection | Trilegiant Discount Buying Clubs |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers that were unwittingly enrolled in a discount buying club membership. It has been alleged that consumers were lured into risk-free trial periods for the memberships, which were then converted into monthly memberships for which a charge was assessed. The memberships purportedly offer savings for various products and services. A lawsuit based on this conduct was recently filed against Trilegiant by the Iowa Attorney General. |
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| Consumer Protection | Unsolicited Texting |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who have received unsolicited text messages selling products and services. C&T is investigating whether this alleged practice violates the Telephone Consumer Protection Act. If you have received an unsolicited text message for a product or service, please contact the attorneys below. |
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| Consumer Protection | US Bank, NA Overdraft Fees Litigation |
Chimicles & Tikellis has filed a putative class action lawsuit against US Bank, NA (“US Bank”) in the United States District Court for the District of Oregon. The complaint alleges that US Bank has a systematic practice of re-ordering electronic debit transactions from the highest dollar amount to the lowest dollar amount for the purpose of maximizing the amount of overdraft charges assessed by the bank. |
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| Consumer Protection | Vizio Televisions |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of consumers who have purchased Vizio televisions that abruptly stop working. Specifically, C&T is investigating whether certain Vizio televisions suffer from a defect that results in the screen failing to display images. If you have purchased a Vizio television and experienced this problem, please contact the attorney below. |
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| Consumer Protection | Volvo Sunroof Leaks - S40, S60, S80, V50, V70, and XC90 Vehicles |
Chimicles & Tikellis has filed a putative class action lawsuit in the Untied States District Court for the District of New Jersey on behalf of current and former owners and lessees of the following Volvo vehicle models: S40, S60, S80, V50, V70, XC90 vehicles (the “Class Vehicles”). The complaint alleges that the sunroofs in the Class Vehicles suffer from a design defect that inevitably leads to extensive damage by allowing an ingress of water into the Class Vehicles. |
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| Consumer Protection | Volvo Sunroof Leaks - S40, S60, S80, V50, V70, and XC90 Vehicles |
Chimicles & Tikellis has filed a putative class action lawsuit in the Untied States District Court for the District of New Jersey on behalf of current and former owners and lessees of the following Volvo vehicle models: S40, S60, S80, V50, V70, XC90 vehicles (the “Class Vehicles”). The complaint alleges that the sunroofs in the Class Vehicles suffer from a design defect that inevitably leads to extensive damage by allowing an ingress of water into the Class Vehicles. |
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| Consumer Protection | Volvo XC90 Transmission Failure Class Action |
Chimicles & Tikellis has filed a proposed class action lawsuit against Volvo Cars of North America, LLC and Volvo Car Corporation (together, “Volvo”) in the United States District Court for the District of New Jersey. According to the complaint, Volvo’s SUV XC90 T6 model years 2003 to 2005 are predisposed to transmission slippage, premature clutch wear, overheating, and other problems that ultimately result in serious and expensive damage to the vehicles’ transmission. |
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| Consumer Protection | Wal-Mart’s Sam’s Club Membership Backdating |
Chimicles & Tikellis is investigating a potential class action lawsuit against Wal-Mart. Consumers can buy from Wal-Mart annual memberships to shop at Sam’s Club wholesale-style markets. It has been reported that when consumers allow their annual memberships to Sam’s Club to lapse and subsequently renew them, Wal-Mart will backdate the start of the new membership to the end of the old one (rather than begin it on the day it was actually purchased). |
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| Consumer Protection | Walmart.com APO Shipping Fee |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of military personnel living on military bases abroad who have made online purchases from Walmart.com. Generally, the United States heavily subsidizes mail shipped to an Army Post Office address, or “APO,” so that the postage cost is equal to (or not much greater than) the cost of shipping to a domestic address. C&T is investigating whether Walmart.com profited from this system by improperly tacking on an additional surcharge to items shipped to destinations with an APO address. |
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| Consumer Protection | WellPoint Health Insurance - Policy Cancellations for Serious Health Issues |
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| Consumer Protection | Wells-Fargo Overdraft Fees - Potential Litigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against Wells Fargo and other banks related to insufficient funds/overdraft fees. Specifically, C&T is investigating whether Wells Fargo and other banks automatically re-sequence electronic debit transactions from highest to lowest dollar amounts instead of posting them in the order in which they occurred. This alleged practice drives customers’ checking accounts into a negative balance as quickly as possible, and results in duplicative overdraft charges. |
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| Consumer Protection | Whirlpool Front Load Washing Machines Litigation |
On June 20, 2008, Chimicles & Tikellis LLP, along with co-counsel, filed a class action complaint against Whirlpool Corporation ("Whirlpool") in the federal District Court for the Northern District of Illinois on behalf of consumers who purchased allegedly defective Duet, Duet HT, and Duet Sport front load washing machines manufactured and sold by Whirlpool (collectively, the "Washing Machines"). |
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| Antitrust | Automotive Wire Harness Systems - Price Fixing |
Chimicles & Tikellis has filed a class action lawsuit in the Eastern District of Michigan against several suppliers of automotive wire harness systems. Automotive wire harness systems are automotive electrical distribution systems and wires contained in virtually all modern cars. The entities named as defendants in the complaint are Delphi Automotive LLP, Furukawa Electric Co., LTD, Lear Corp., Leoni AG, Sumitomo Electric Industries, LTD., S-Y Systems Technologies GMBH, Yazaki Corp., and Yazaki North America, Inc. |
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| Antitrust | Automotive Wire Harness Systems - Price Fixing |
Chimicles & Tikellis has filed a class action lawsuit in the Eastern District of Michigan against several suppliers of automotive wire harness systems. Automotive wire harness systems are automotive electrical distribution systems and wires contained in virtually all modern cars. The entities named as defendants in the complaint are Delphi Automotive LLP, Furukawa Electric Co., LTD, Lear Corp., Leoni AG, Sumitomo Electric Industries, LTD., S-Y Systems Technologies GMBH, Yazaki Corp., and Yazaki North America, Inc. |
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| Antitrust | Automotive Wire Harness Systems - Price Fixing Investigation |
Chimicles & Tikellis is investigating a potential class action lawsuit against Delphi Automotive, Furukawa Electric, Lear Corp. Leoni AG, Sumitomo Electric Industries, S-Y Systems, and Yazaki Corp. C&T is investigating whether these entities conspired to fix the prices for automotive wire harness systems. Automotive wire harness systems are automotive electrical distribution system and wires contained in virtually all modern cars. |
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| Antitrust | Blue Cross Blue Shield of Michigan |
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| Antitrust | In re Aftermarket Filters Antitrust Litigation |
Chimicles & Tikellis LLP, along with its co-counsel, filed this price fixing class action lawsuit in the United States District Court for the District of Connecticut against several leading automobile filter manufacturers, including Champion, Purolator, Honeywell, Wix Filtration Products, Cummins, Baldwin Filters, Bosch, Mann + Hummel, Arvinmeritor, and United Components (collectively, the “Defendants”). |
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| Antitrust | In re Airline Ticket Commission Antitrust Litigation |
Chimicles & Tikellis LLP served as co-lead counsel in this antitrust class action, filed on behalf of travel agents in the United States, in the United States District Court for the District of Minnesota. The firm was counsel to the American Society of Travel Agents, the largest travel agent trade association in the world. The basis for the suit was the defendant airline companies’ imposition of caps on the commissions payable to travel agents. On January 28, 1997, the Court approved settlements totaling $86 million. |
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| Antitrust | In re Fasteners and Zippers Antitrust Litigation |
Chimicles & Tikellis LLP filed a class action complaint on behalf of a class of individuals and entities who, from January 1, 1999 to the present (the "Class Period"), purchased fasteners and zippers directly from William Prym GmbH & Co., KG; Prym Consumer USA, Inc.; Prym Fashion, Inc.; YKK Corporation; YKK Corporation of America, Inc.; YKK (U.S.A.), Inc.; YKK Snap Fasteners America, Inc.; Coats plc; Coats North America de Republica Dominicana, Inc.; and/or Scovill Fasteners, Inc. (collectively, “Defendants”). |
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| Antitrust | In re Live Concert Antitrust Litigation |
Chimicles & Tikellis is a member of the executive committee for this multidistrict litigation titled In re Live Concert Antitrust Litigation, MDL 05-1745 alleging antitrust violations in the concert promotion and concert ticket market. |
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| Antitrust | Minivan Conversion – Antitrust Potential Litigation |
Minivan Conversion – Antitrust Potential Litigation |
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| Antitrust | Offshore Helicopter Services - Antitrust Class Action |
Chimicles & Tikellis LLP is Plaintiff’s counsel in this class action which alleges that between 2001 and 2005 the largest providers if offshore helicopter services in the Gulf of Mexico conspired to fix prices in rendering those services. The Complaint, which is pending before the United States District Court for the District of Delaware, asserts that as a result of Defendants’ anti-competitive behavior consumers of helicopters services in the Gulf were harmed by having to overpay. Defendants have sought dismissal
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| Civil Rights | GEO |
The parties in a class action lawsuit against The GEO Group, Inc. ("GEO") have agreed to a settlement valued up to $2.99 million to resolve a class action lawsuit involving allegedly unconstitutional strip searches. The settlement with GEO, a private entity that contracts with counties and other government bodies to manage and operate their prisons, provides relief for certain pre-trial detainees who were strip searched upon their admission into six different jails across the United States.
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| Civil Rights | GEO |
The parties in a class action lawsuit against The GEO Group, Inc. ("GEO") have agreed to a settlement valued up to $2.99 million to resolve a class action lawsuit involving allegedly unconstitutional strip searches. The settlement with GEO, a private entity that contracts with counties and other government bodies to manage and operate their prisons, provides relief for certain pre-trial detainees who were strip searched upon their admission into six different jails across the United States.
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| ERISA Employee Benefits | Kodak Employee Retirement Plans |
If you are a current or former Kodak employee, or are a member of the Eastman Kodak Employees’ investment plan or profit sharing retirement plan, you may be entitled to compensation for losses in your Kodak retirement fund. If you purchased or held Kodak stock in one of these plans at any time from January 1, 2010 thru January 19, 2012, you may have a claim in a possible Kodak class action lawsuit against Kodak. |
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| Medical Providers Disputes With Insurers | Progressive Medical Provider MVFRL Interest Litigation |
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| Wage & Compensation Claims | Allstate Agent Compensation |
Chimicles & Tikellis is investigating a potential class action lawsuit against Allstate. C&T is specifically investigating allegations that Allstate undercompensated its agents during 2006 by breaching their end of the contract. If you were an Allstate agent in 2006 and would be interested in assisting in our investigation, please contact: |
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| Wage & Compensation Claims | Non-payment of Underwriter Overtime |
Chimicles & Tikellis is investigating a proposed class action lawsuit on behalf of underwriters that process lender loan applications due to possible non-payment of overtime benefits. The Fair Labor Standard Act (“FLSA”) requires “covered” employers to compensate all nonexempt employees at a rate of not less than one and one-half times the regular rate of pay for work performed in excess of forty hours in a workweek. Some employers may be unlawfully classifying loan underwriters as exempt from overtime payments under federal law, de
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| Wage & Compensation Claims | Overtime/Off-the-Clock |
Chimicles & Tikellis is investigating claims on behalf of employees who have not received overtime compensation after working in excess of 40 hours during a one-week period. C&T is also investigating claims on behalf of employees who have been required to perform work tasks “off the clock,” before and after their scheduled shifts and/or and during breaks, but who have not been compensated for this time. If you believe you are entitled to compensation for overtime or for being forced to work off-the-clock, please contact the attorneys below. |
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| Wage & Compensation Claims | Shared Medical Systems 1998 Incentive Compensation Plan Litigation |
Chimicles & Tikellis LLP is lead counsel in this action brought in 2003 in the Philadelphia County Court of Common Pleas. The case is brought on behalf of approximately 1,300 persons who were employees of Defendant Siemens Medical Solutions Health Services Corporation (formerly Shared Medical Systems, Inc.) who had their 1998 incentive compensation plan (“ICP”) compensation reduced 30% even though the employees had completed their performance under the 1998 ICP contracts and had earned their incentive compensation based on the targets, goals and quotas in the ICPs. |
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| Other Complex Litigation | Background Checks |
When an employer uses consumer reports to evaluate its employees or employment applicants, the Fair Credit Reporting Act (FCRA) places three different obligations on the employer.
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| Other Complex Litigation | California Utility User Tax Refund Cases |
Beginning in 2006, Chimicles & Tikellis LLP, along with co-counsel, filed telephone tax refund claims on behalf of taxpayers in the City of Los Angeles, the County of Los Angeles, and the City of Long Beach, California, alleging that telephone taxes had been improperly collected on certain local and bundled telephone services to which the tax code did not apply. The refund claims were denied and Chimicles & Tikellis filed three class action lawsuits seeking to recover the allegedly improper taxes.
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| Other Complex Litigation | California Utility User Tax Refund Cases |
Beginning in 2006, Chimicles & Tikellis LLP, along with co-counsel, filed telephone tax refund claims on behalf of taxpayers in the City of Los Angeles, the County of Los Angeles, and the City of Long Beach, California, alleging that telephone taxes had been improperly collected on certain local and bundled telephone services to which the tax code did not apply. The refund claims were denied and Chimicles & Tikellis filed three class action lawsuits seeking to recover the allegedly improper taxes.
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| Other Complex Litigation | DuPont Imprelis Class Action |
C&T, along with its co-counsel, has filed a class action lawsuit against DuPont on behalf of landscapers, lawn care professionals and other persons, entities, organizations and municipalities that purchased and/or applied Imprelis. Imprelis is a herbicide manufactured by DuPont, and is sold only to lawn care professionals (as opposed to residential consumers). |
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| Other Complex Litigation | DuPont Imprelis Class Action |
C&T, along with its co-counsel, has filed a class action lawsuit against DuPont on behalf of landscapers, lawn care professionals and other persons, entities, organizations and municipalities that purchased and/or applied Imprelis. Imprelis is a herbicide manufactured by DuPont, and is sold only to lawn care professionals (as opposed to residential consumers). |
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| Other Complex Litigation | Franchise Agreements |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of franchisees against franchisors. Specifically, C&T is investigating reports that some franchisors may have made misrepresentations that were designed to induce franchisees to enter into franchise agreements. C&T is also investigating reports that certain franchisors may have violated their franchise agreement by raising rent, selling products within a geographic region in violation of an exclusivity provision, or otherwise improperly changing the terms in the contract. |
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| Other Complex Litigation | In re Long-Distance Telephone Service Federal Excise Tax Refund Litigation |
Chimicles & Tikellis LLP, along with its co-counsel, scored a major victory in a decision by the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) that was released on August 7, 2009. C&T, which is a member of the court-appointed Plaintiffs’ Executive Committee, represents a proposed nationwide class of taxpayers who paid a telephone excise tax to their telephone providers, which then remitted it to the Internal Revenue Service (“I.R.S.”). |
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| Other Complex Litigation | In re Long-Distance Telephone Service Federal Excise Tax Refund Litigation |
Chimicles & Tikellis LLP, along with its co-counsel, scored another major victory in a decision by the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) that was released on July 1, 2011. C&T, which is a member of the court-appointed Plaintiffs’ Executive Committee, represents a proposed nationwide class of taxpayers who paid a telephone excise tax to their telephone providers, which then remitted it to the Internal Revenue Service (“I.R.S.”). |
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| Other Complex Litigation | In re Long-Distance Telephone Service Federal Excise Tax Refund Litigation |
Chimicles & Tikellis LLP, along with its co-counsel, scored another major victory in a decision by the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) that was released on July 1, 2011. C&T, which is a member of the court-appointed Plaintiffs’ Executive Committee, represents a proposed nationwide class of taxpayers who paid a telephone excise tax to their telephone providers, which then remitted it to the Internal Revenue Service (“I.R.S.”). |
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| Other Complex Litigation | Myriad Genetics |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of Medicare patients that have received a BRAC 1 genetic test from Myriad Genetics. There have been reports that Myriad is categorizing the test as “screening” instead of “diagnostic”, resulting in Medicare denying coverage and patients paying for the test out of pocket. Patients with the BRAC 1 gene have a predisposition to developing breast cancer. The BRAC 1 genetic test is an influential test in determining a patient’s treatment. |
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| Other Complex Litigation | Non-Filer Excise Tax |
On January 9, 2009, Chimicles & Tikellis, along with its co-counsel, filed an action against the federal government in the United States District Court for the Middle District of Pennsylvania. The complaint filed by C&T alleges that the government improperly collected the Communications Excise Tax, a 3% excise tax levied on certain long distance telephone services. |
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| Other Complex Litigation | Non-Filer Excise Tax |
On January 9, 2009, Chimicles & Tikellis, along with its co-counsel, filed an action against the federal government in the United States District Court for the Middle District of Pennsylvania. The complaint filed by C&T alleges that the government improperly collected the Communications Excise Tax, a 3% excise tax levied on certain long distance telephone services. |
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| Other Complex Litigation | Soybean Shipment Overcharge |
Chimicles & Tikellis is investigating a potential class action lawsuit on behalf of persons, farmers, or entities that have shipped soybeans via the railroad. A recent study reports that nearly half of the freight rates charged by railroad shippers are potentially excessive. This potential overcharge is reportedly $120 million per year. If you have shipped soybeans on a domestic railroad provider, please contact the attorneys below. |
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| Other Complex Litigation | STERIS Corporation |
On March 3, 2011, the United States District Court for the Northern District of Ohio granted preliminary approval to a proposed settlement reached in a class action lawsuit filed by Chimicles & Tikellis LLP (“C&T”) against STERIS Corporation (“STERIS”). The lawsuit is related to STERIS’ marketing and sale of the STERIS SYSTEM 1® Sterile Processor (the “SS1 Device”), a tabletop liquid chemical system that provides rapid, low-temperature processing of surgical instruments such as endoscopes and bronchoscopes. On Ju
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| Other Complex Litigation | STERIS Corporation |
On March 3, 2011, the United States District Court for the Northern District of Ohio granted preliminary approval to a proposed settlement reached in a class action lawsuit filed by Chimicles & Tikellis LLP (“C&T”) against STERIS Corporation (“STERIS”). The lawsuit is related to STERIS’ marketing and sale of the STERIS SYSTEM 1® Sterile Processor (the “SS1 Device”), a tabletop liquid chemical system that provides rapid, low-temperature processing of surgical instruments such as endoscopes and bronchoscopes. On Ju
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| Other Complex Litigation | Violations of the Servicemembers Civil Relief Act (SCRA) |
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