Steven A. Schwartz

Bio

STEVEN A. SCHWARTZ, has prosecuted complex class actions in a wide variety of contexts. Notably, Mr. Schwartz has been successful in obtaining several settlements where class members received a full recovery on their damages. Representative cases include:

  • Rodman v. Safeway – Mr. Schwartz is lead trial counsel in this pending class action in the Northern District of California brought against Safeway, Inc. The lawsuit alleges that beginning in 2010 Safeway secretly began marking up the prices of groceries delivered through Safeway.com, Genuardis.com, and Vons.com in violation of its terms and conditions. The Court certified a national class and issued a series of orders granting summary judgment in Plaintiff’s favor as to liability and damages claims. In December 2015, the Court entered a $41.9 million judgment, which represents the full amount of the markups plus prejudgment interest.
  • In re Apple iPhone/iPod Warranty Litigation, No. CV-10-01610 (N. D. Cal.). Plaintiffs alleged that Apple improperly denied warranty coverage for iPhone and iPod Touch devices based on external “Liquid Submersion Indicators” (LSIs), which are small paper-and-ink laminates, akin to litmus paper, which are designed to turn red upon exposure to liquid. Apple placed the external LSIs in the headphone jack and/or dock connector of certain iPhone and iPod Touch devices and denied warranty coverage if an external LSI had turned pink or red. Apple agreed to pay $53 million to settle the case.  The Court approved the national settlement, and eligible Settlement Class Members received checks representing approximately 117 percent of their damages.
  • Wong v. T-Mobile, No. 05-cv-73922-NGE-VMM (E.D. Mich.).  This case involved allegations that T-Mobile overcharged its subscribers by billing them for services for which they had already paid a flat rate monthly fee to receive unlimited access.  The parties reached a settlement requiring T-Mobile to refund class members with a 100% net recovery of the overcharges, with all counsel fees and expenses to be paid by T-Mobile in addition to the class members’ recovery.
  • Shared Medical Systems 1998 Incentive Compensation Plan Litig., March Term 2003, No. 0885 (Phila. C.C.P.).  This case was brought on behalf of employees of Defendant Siemens who had their incentive compensation reduced by 30%, even though they had earned the full amount of their incentive compensation based on the targets, goals and quotas in their incentive compensation plans.  After securing national class certification and summary judgment as to liability, on the eve of trial, Mr. Schwartz negotiated a net recovery for class members of the full amount that their incentive compensation was reduced, with all counsel fees and expenses in addition to class members’ recovery.
  • In re Pennsylvania Baycol: Third-Party Payor Litig., September Term 2001, No. 001874 (Phila. C.C.P.) This case was bought by various Health and Welfare Funds in connection with the withdrawal by Bayer of its anti-cholesterol drug Baycol.  After the court certified a nationwide class of third-party payors and granted plaintiffs’ motion for summary judgment as to liability, the parties reached a settlement providing class members with a net recovery that approximated the maximum damages (including pre-judgment interest) suffered by class members. That settlement represented three times the net recovery of Bayer’s voluntary claims process (which was accepted by various large insurers like AETNA and CIGNA).
  • In re Certainteed Corp. Roofing Shingle Products Liability Litigation, No, 07-MDL-1817-LP (E.D. Pa.).  Mr. Schwartz served as Chair of Plaintiffs’ Discovery Committee. That case alleged that CertainTeed sold defective shingles. The parties reached a settlement which was approved and valued by the Court at between $687 to $815 million.
  • In re DVI, Inc. Securities Litigation, No. 2:03-CV-05674-LDD (E.D. Pa.). Mr. Schwartz served as Plaintiffs’ Liaison Counsel in this securities fraud case, which resulted in a series of settlements totaling almost $24 million, which represented a recovery of more than one-third of class members’ provable damages.
  •  Wolens, et al. v. American Airlines, Inc. Mr. Schwartz served as plaintiffs’ co-lead counsel.  Plaintiffs alleged that American Airlines breached its AAdvantage frequent flyer program contracts when it retroactively increased the number of frequent flyer miles needed to claim travel awards. In a landmark decision, the United States Supreme Court held that plaintiffs’ claims were not preempted by the Federal Aviation Act. 513 U.S. 219 (1995). The parties reached a settlement in which American agreed to provide class members with mileage certificates that represented the full extent of their alleged damages, which the Court valued, after retaining its own valuation expert, at between $95.6 million and $141.6 million.
  • In Re Coin Fund Litigation, (Superior Court of the State of California for the County of Los Angeles).  Mr. Schwartz served as plaintiffs’ co-lead counsel and successfully obtained a settlement from defendant Merrill Lynch in excess of $35 million on behalf of limited partners, which represented a 100% net recovery of their initial investments.
  • Nelson v. Nationwide, March Term 1997, No. 045335 (Phila. C.C.P.).  Mr. Schwartz served as lead counsel on behalf of a certified class of Pennsylvania physicians and chiropractors who were not paid by Nationwide Mutual Insurance Company for physical therapy/physical medicine services provided to its insureds. After securing judgment as to liability from the Philadelphia Court of Common Pleas and Pennsylvania Superior Court, Mr. Schwartz negotiated as settlement whereby Nationwide agreed to pay class members approximately 130% of their bills.
Practice Areas:
Education:
  • Duke University School of Law, J.D., 1987
    • Law & Contemporary Problems Journal, Senior Editor
  • University of Pennsylvania, B.A., 1984 – cum laude
Memberships & Associations:
  • National Association of Shareholder and Consumer Attorneys (NASCAT) Executive Committee Member
  • American Bar Association
  • Pennsylvania Bar Association
Admissions:
  • United States Supreme Court
  • Pennsylvania Supreme Court
  • Third Circuit Court of Appeals
  • Sixth Circuit Court of Appeals
  • Eighth Circuit Court of Appeals
  • Ninth Circuit Court of Appeals
  • Eastern District of Pennsylvania
  • Western District of Pennsylvania
  • Eastern District of Michigan
  • District of Colorado
Honors:
  • AV® rated by Martindale-Hubbell
  • Pennsylvania Super Lawyer, 2006-2015