Class Action/Commercial

Lemmings v. Second Chance Body Armor, et al., No. CJ-2004-62 (Mayes County District Court, Okla.) (Goodpaster, J.) (Feb. 9, 2005) (certifying national class of purchasers and users of defective bullet proof vests); Order Preliminarily Approving Settlement (July 12, 2005) ($29 million settlement); Order Finally Approving Settlement (Sept. 2005), see Sara Hoffman Jurand, Zylon Body Armor Fails To Protect and Serve Police, Lawsuit Claims, TRIAL (Mar. 2005), pp. 14-19; Editorial, Hollow Victimization Claims Clog Courts, WASHINGTON EXAMINER (Nov. 8, 2006) ("Civil lawsuits have a legitimate place in our legal system, and this is as fine an example as any."); see Sara Hoffman Jurand, Lawsuits Forced Recall of Defective Bulletproof Vests, TRIAL (Sept. 2005); Allison Torres Burtka, Settlement Follows Jury Verdict in Body Armor Case, TRIAL (Jan. 2007), pp. 75-76; Jeff Tucker, City to Get Refund on Bulletproof Vests, THE PUEBLO CHIEFTAIN (May 8, 2006); Arkansas News Bureau, Police Agencies to Receive Refunds for Defective Body Armor, ARKANSAS NEWS (Apr. 21, 2006); Four State Agencies to Recover 94% of Body-Armor Cost, ARKANSAS DEMOCRAT GAZETTE, (Apr. 21, 2006); Keith Matheny, Executives' Plan for Bonuses Is 'Audacious,' Traverse City Record-Eagle, p. 1 (July 18, 2005); Chad Previch, Cities Settle Bulletproof Vest Lawsuit, THE OKLAHOMAN, p. 1A (July 14, 2005). Glenn May, Deal To Help Fund Vests, PITTSBURGH TRIBUNE-REVIEW (July 14, 2005); Keith Matheny, Lawyers File for Class Action Against Second Chance Armor, TRAVERSE CITY RECORD-EAGLE (Apr. 10, 2005).

In re Synthroid Marketing Litigation, MDL No. 1182 (J.P.M.L., August 21, 1997) (co-lead counsel); Andrews Pharmaceutical Litigation Reporter (September 1997), pp.12449-51 (re: settlement); 1998 U.S.Dist. Lexis 12936, 1998 WL 526556 (N.D. Ill. Aug. 17, 1998) (rejecting proposed $98 million consumer settlement); 188 F.R.D. 287, 295 (N.D. Ill. 1999) (rejecting notions to dismiss); (Order of July 19, 1999) (certifying national class); (Order of August 4, 2000, approving settlement) ("Class counsel for the plaintiff classes and the representatives of the defendants are all experienced and highly competent . . . Class counsel has done a fine job in terms of a speedy and professional resolution of a major class action. Apart from the substantial award to the class members, there are two major benefits to class counsels' accomplishment: the Dong study has been released so that it may be evaluated to determine whether there are in fact bioequivalents for Synthroid, and, as a result of this litigation, the Food and Drug Administration has begun an analysis of the matter. This may result in a substantial savings to society at large of the cost of this medicine."); No. 00-3164, 264 F.2d 712 (7th Cir. 8/31/01) Class Action Litigation Report (BNA) (9/14/01) (adopting market-based approach to attorney fees)

Bonilla et al. v. Trebol Motors Corporation, et al., No. 92-1795 (JP) (D.P.R.) ($129,000,000 jury verdict in civil RICO class action against Volvo and local distributor; reversed in part on appeal) (describing the firm's abilities on March 27, 1997, as follows: "We have no trouble concluding that the experience and resources of Kanner & Whiteley, L.L.C. was a major reason that the plaintiffs' class was able to so successfully present its case to the jury and achieve such an estimable result. Mr. Kanner, who served as lead counsel at trial, has perhaps as much experience litigating complex class action suits as any attorney in the United States. He has authored, chaired, consulted on, contributed to, and given articles, symposiums, classes, books, practice guides, etc. More importantly, his resume is replete with instances in which he served as counsel in complex class action suits. His experience was essential to the success realized by the plaintiffs in this action."); see also, Wall Street Journal (August 1, 1996), aff'd in part, rev'd in part, remanded in part, 150 F.3d 62, 77, 92 (1st Cir. 1988)

Talalai v. Cooper Tire & Rubber Co., MID-L-8839-00 MT, Mass Tort 249, (Law Div. Middlesex Cty.) (11/1/01 Opinion and Order Certifying Class and Preliminarily Approving Settlement) ("The attorneys of Kanner & Whiteley, L.L.C., P.C. have substantial jury trial experience with a number of multi-million-dollar verdicts, including a number of successful class action trials. The firm is known for its willingness to try class actions to verdicts and has done so on at least three occasions, winning every time"); Opinion and Order Approving Settlement (9/13/02), p. 74 ("In this case, the parties are represented by highly experienced and competent counsel").

Talalai, et al. v. Cooper Tire & Rubber Co., No. MID-L-8839-00MT, 2001 WL 34090282 (N.J. Super. L. Ct. April 16, 2001) (Corodemus, JSC, denying motion to dismiss under state consumer fraud law), reprinted at Tire Defects Report, June 5, 2001, p. 6; Krystyan v. Cooper Tire & Rubber Co., No. 00-039524-CP, Mich. Cir. Ct., County of Wayne, March 23, 2001, (Colombo, L.J., denying motion for summary disposition); D'Alessio v. Cooper Tire & Rubber Co., No. 00-395-P-C (Me. Sup. Ct. May 16, 2001) (Humphrey, J., denying motion to dismiss); Dunn v. Cooper Tire & Rubber Co., No. 08-00-C-2620, (N.D. Dist. Ct. April 23, 2001) (Wefald, J., denying motion to dismiss)

Tompkins, et al. v. BASF Corporation, et al., Civ. No. 96-59 (Trail County, North Dakota) (May 13, 1997) (final judgment approving multi-million dollar settlement arising from price and marketing fraud involving agricultural products)

Junkert v. First Bank National Association, CV-98-01577 (Cass Cty, N.D.) (Order of December 29, 1999) (certifying privacy class action against bank that sold customer list to telephone solicitors); discussed in Russell Gold, North Dakota Strengthens Privacy Rules, Wall St.J. p D2 (June 13, 2002) and Adam Clymer, North Dakota Tightens Law On Bank Data and Privacy, N.Y. Times, p A31 (June 13, 2002)(settlement spurred statewide referendum to reinstate limits on banks' sharing of personal information and to promote privacy rights)

Danton v. Cymaticolor, No. 84-2866 (D.N.J.) (Thompson, J.) (securities class action successfully settled)

Slattery v. Costello, No. 83-0982, 586 F. Supp. 162 (D.D.C. July 28, 1983) (First civil RICO class action and early application of civil RICO to service contract)