
Consumer Fraud Litigation
Kanner & Whiteley, L.L.C. has become a leader in protecting consumer rights. The firm has successfully prosecuted numerous mass tort and class actions involving consumer fraud throughout the United States and Puerto Rico and has coordinated multi-state litigation in this area, as well. The firm has obtained multi-million dollar verdicts for consumers, holding manufacturers accountable for fraudulent representations or omissions in a variety of industries, including insurance pharmaceuticals, automotive, chemical, medical devices, and agricultural products. These cases include the following:
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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); (Final Approval Hearing 9/23/05, Judge James D. Goodpaster) ("Having been in this business some 40 years and having been through some litigation right here from this bench and personally I think that the lawyers for the claimants and for Toyobo have done an outstanding job and I really do thank you all for the hard work that all of you have done in putting this settlement together."); (2/9/05 Order Certifying Class Action with Findings of Fact and Conclusion of Law) ("Plaintiffs' lawyers are qualified, experienced and generally able to conduct the proposed litigation and there are no antagonistic interests between the representative party and the class. Plaintiffs have retained attorneys that are qualified and skilled in complex and consumer class litigation."), see Sara Hoffman Jurand, Zylon Body Armor Fails To Protect and Serve Police, Lawsuit Claims, TRIAL (Mar. 2005), pp. 14-19; Order Preliminarily Approving Settlement (July 12, 2005) ($29 million settlement); 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."); Order Finally Approving Settlement (Sept. 2005), 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).
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Waxler Transportation Co. Inc. et al. v. Trinity Marine Products, Inc., et al. No. 49-741, 25th JDC, Parish of Plaquemines, $18 Million national class settlement with barge manufacturer approved and continuing litigation against paint manufacturer. Plaintiff Waxler Transportation Co., Inc., through duly authorized counsel, agreed to settle, in part, the class action.
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Tompkins, et al. v. BASF Corporation, et al., Civ. No. 96-59 (Trail County, N.D.) (May 13, 1997) (multi-million dollar settlement arising from marketing fraud involving agricultural products)
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Ren-Dan Farms, et al. v. Monsanto Co., et al., No. 68,466 (10th Jud. Dist. Ct., Natchitoches, LA) ($7 million national class action settlement fund for farmers arising from damages caused by "genetically altered cotton")
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In re Synthroid Marketing Litigation , 264 F.3d 712 (7th Cir. 2001) (multi-million dollar national class action settlement against drug manufacturers)
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Wallace v. American Agrinsurance, Inc. et al. , No. LR-C-99-669 (E.D. AR.) (certifying and approving multi-million dollar settlement of rice farmer claims against crop insurance company)
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Talalai, et al. v. Cooper Tire & Rubber Co., No. MID-L-8839-00MT, Mass Tort 259, (Law Div. Middlesex Cty.)(multi-million dollar national class action settlement against tire manufacturer)
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Hanson v. Acceleration Life, et al., Civ. No. A3:97-152 (D. N.D. Mar. 18, 1999) (certifying litigation class, rejecting file rate doctrine, and denying summary judgment); Order of December 11, 1999 (approving final settlement of $14.7 million for a class of long-term care policyholders who had suffered rate increase of up to 700%.)
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Milkman v. American Travellers Life Insurance Co. , No. 03775 (June Term 2000) (Ct. Comm. Pleas, April 1, 2002 certifying and approving a multi-million dollar settlement class of long-term care policyholders who had received rate increases.
In prosecuting these cases, the firm has developed expertise in these highly technical areas and has developed teams of well-qualified experts to assist in the firm's litigation. The firm has also developed a network of highly qualified attorneys in various states throughout the United States to participate and assist in nation-wide campaigns against manufacturers for their unfair, deceptive and illegal conduct regarding the marketing and sale of various products.
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PRACTICE AREAS
Toxic Torts
Consumer Fraud
Environmental and Natural Resource Damages Law
Insurance Fraud and Coverage Litigation
Natural Resource Damages
Product Liability
Commercial Litigation
Farming and Agricultural Law
RICO and Antitrust
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