Verdicts & Settlements

CLASS ACTION SETTLEMENTS

Demmick, et al. v. Cellco Partnership, et al., U.S.D.C, District of New Jersey, Case No. 2:06-CV-2163. Mr. Gignac served as Class Counsel in this action representing multiple certified nationwide and statewide classes of cellular telephone customers charged excessive rates for calls under their applicable calling plans. The case was settled in 2014 as a $64.2 million common fund comprised of cash and calling units and was granted final approval on May 1, 2015.

Stern, et al. v. New Cingular Wireless Services, Inc., et al., U.S.D.C, Central District of California, Case No. 8:09-CV-1112-CAS (AGRx). Mr. Gignac served as Class Counsel in this action representing a certified class of cellular telephone customers seeking to recover damages for the imposition of inadequately disclosed non-governmental surcharges. The case was settled in 2009-2010. Under the terms of the settlement, the potential recovery for the class is more than $250 million in cash benefits. The settlement approval was affirmed in May of 2012 after an appeal to the 9Th Circuit by certain objectors.

In Re: Verizon Wireless Data Charges Litigation, Federal District Court for New Jersey, Civil Action No. 3:10-civ-01749-FLW-LHG. Mr. Gignac served as Class Counsel in this action representing a national class of cellular telephone customers who were wrongfully charged for data charges. The case was settled in 2012 and, in conjunction with a parallel FCC action, resulted in $52.8 million being credited or refunded to the class members.

Lozano v. AT&T Wireless Services, Inc., et al., U.S.D.C., Central District of California, Case No. CV 02-00090-AHS (AJWx). Mr. Gignac served as Class Counsel in this action representing a certified class of cellular telephone customers seeking to recover damages for inadequate disclosures related to “out-of-cycle” billing. The case was settled in 2009-2010. Under the terms of the settlement, the potential recovery for the class was more than $42 million in cash benefits.

Stern v. AT&T Mobility Corporation, et al., U.S.D.C., Central District of California, Case No. CV 05-8842 CAS (CTx). Mr. Gignac served as Class Counsel in this action representing a certified class of cellular telephone customers seeking to recover damages for the imposition of inadequately disclosed service fees. The case was settled in 2009-2010. Under the terms of the settlement, the potential recovery for the class was more than $38 million in cash benefits.

Rolnik, et al. v. AT&T Wireless Services, Inc., et al. Case No. L-180-04 (Superior Court of New Jersey: Essex Division). Mr. Gignac served as Class Counsel in this class action seeking to recover damages for defendant’s failure to prorate the monthly service fees charged to its customers during their final month of service prior to termination. The case was settled in 2005 for cash and Cash Equivalent Calling Cards totaling more than $49 million.

Roark, et al. v. GTE California Inc., et al., Case No. 01035862 (Santa Barbara Sup. Ct.). Mr. Gignac served as Class Counsel in this class action case seeking to recover for overcharges on long distance telephone calls erroneously carried by AT&T and improperly billed by Verizon California. The case was settled in 2003 for cash and Cash Equivalent Calling Cards totaling $20 million.

Gottlieb, et al. v. SBC Communications Inc., et al., Case No. CV 00-04139 AHM (C.D. Cal.). Mr. Gignac served as Class Counsel in this class action case alleging ERISA violations in connection with defendant’s unilateral liquidation of shares of the Air Touch Stock Fund in its employees’ 401(k) plans. The case was settled in 2002 for $10 million.

Behar International Counsel v. T-Mobile USA, Inc. Case No. GIC 820372 (San Diego Superior Court). Mr. Gignac served as Class Counsel in this class action seeking to recover damages for defendant’s failure to disclose the circumstances under which its customers would be charged international roaming charges while traveling overseas. The case was settled in December of 2006. Under the terms of the settlement, class members received bill credits, in-kind benefits and prospective injunctive relief valued in excess of $3.9 million.

Scott, et al. v. Snell et al., Case No. 01AS07849 (Sacramento Superior Court). Mr. Gignac served as Class Counsel in this class action seeking to recover damages for defendants’ failure to pay fair consideration to the minority shareholders in connection with a going private transaction. The case was settled in 2005 for $1.25 million – representing nearly a 100% increase in the amount paid to the shareholders at the time of the merger.

Smith, et al. v. Eastern Pacific Energy, Inc., et al., Case No. BC 193285 (L.A. Sup. Ct.). Mr. Gignac served as Class Counsel in this case arising out of the deceptive and misleading practices engaged in by defendants in order to induce individuals to agree to act as sales representatives in the direct access electricity market. The case was settled in July of 2000 for 3 million shares and/or options to purchase shares in the publicly-traded company into which Eastern Pacific Energy had been merged during the pendency of the litigation.

In re Paradise Memorial Park Litigation, Lead Case No. BC 130375 (L.A. Sup. Ct.). Mr. Gignac served as Class Counsel in this consolidated class action case arising out of the mishandling of decedents’ remains and the recycling of graves at a Los Angeles area cemetery. The case was settled in 1999 for $8 million.

In re Advanta National Bank Credit Card Terms Litigation, MDL Docket No. 1233 (E.D. Penn.). Mr. Gignac served as Class Counsel in this multi-district litigation arising out of the defendant’s failure to honor the fixed rate of interest which was to be charged on balance transfers. The case was settled in December of 1998 for $7.5 million.

O’Connor, et al. v. Blue Cross of California, et al., Case No. BC 118896 (L.A. Sup. Ct.). Mr. Gignac served as Class Counsel in this case arising out of defendants’ alleged failure to extend to their existing policy holders a 20% discount in premiums which was being offered to new customers for the same insurance benefits. The case was settled in January of 1997 on a claims-made basis with all qualifying class members receiving 100% of the premiums which were overcharged. The aggregate value of settlement was in excess of $3 million.

Barela, et al. v. Ralphs Grocery Company, et al., Consolidated Case No. BC 070061 (L.A. Sup. Ct.). Mr. Gignac served as Class Counsel in this consolidated class action case arising out of an alleged agreement among five major grocery chains to fix and maintain the retail prices of milk sold in the Southern California market. The case was resolved through a series of settlements between 1995 and 1999 for $13.8 million in cash, coupons and food products.

Koertge v. LG Electronics USA, Inc., U.S.D.C., District of New Jersey, Case No: 2:12-cv-06204-JLL-MAH. Mr. Gignac served as Class Counsel in this class action relating to defective surround sound home theater systems. The case was settled in 2013 with approximately 11,000 class members being provided relief in the form of an extended four-year warranty (valued at more than $1 million), 100% reimbursement for expenses incurred for past repairs, free future repairs, and an amortized refund for any system that failed after two repairs.