CONSUMER LITIGATION
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Colbert v. Dymacol, Inc., , 305 F.3d 1256
(3d Cir. 2002)(appeal vacated and dismissed, March 10, 2003)
Donovan Searles LLC co-counseled this class action involving over
186,000 Pennsylvania consumers under the Fair Debt Collection
Practices Act. The case involved cutting edge issues involving
the intersection of Rule 68 offer of judgments and Rule 23 class
actions. The case was argued twice before the Court of Appeals
for the Third Circuit, once before a panel of three judges and
subsequently on rehearing en banc before all thirteen judges of
the Court. Following a successful remand of the case to the
district court, plaintiff eventually reached a settlement that
resulted in a payment to the class members in the maximum amount
they would have won had the case gone to trial.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Williams v. Empire Funding Corp., 183 F.R.D. 428 (E.D. Pa. 1998),
109 F.Supp.2d 352 (E.D. Pa. 2000)
Donovan Searles, LLC co-counseled this class action against a predatory
lender who deprived consumers of their right to rescission under the
federal Truth-In-Lending Act through the use of a deceptive
"two-contract scheme" whereby a home improvement company named
Fredmont Builders targeted low income areas, going door-to-door
promoting a program of home improvements and repairs which the
sales people claimed were associated with the federal government.
The Court certified a class of over three hundred consumers and,
following further litigation, the parties reached a settlement
involving rescission of mortgages and payment of damages, with
a total settlement value in excess of $1,000,000.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Samuel v. Equicredit Corp.,
C.A. No. 00-6196 (E.D. Pa.)
Donovan Searles, LLC served as co-counsel to the plaintiff
and a class of twelve thousand Pennsylvania residential homeowners
who were victimized by practices and policies of a sub-prime
home equity lender. Following vigorous litigation, the case
settled in consideration of a $2,500,000 payment to the class,
as well as substantial relief for class members whose homes
were in the midst of foreclosure as a result of the defendant’s actions.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Stewart v. Fairbanks Capital Corp., Philadelphia
Court of Common Pleas, March Term, 2003, No. 2075
Donovan Searles, LLC is lead counsel in this class action
against a mortgage servicer for imposing improper and excessive
fees and charges added to class members’ mortgage accounts,
including forced-placed hazard insurance charges. The
defendants removed the case to federal court and plaintiff
successfully moved to have the case remanded to state court,
where it is currently proceeding.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Fry v. Hayt, Hayt & Landau, 198 F.R.D. 461 (E.D. Pa. 2000)
Donovan Searles, LLC co-counseled this debt collection
class action involving over 55,000 class members who received
deceptive dunning letters from the defendant debt collector
law firm. Plaintiff achieved a settlement valued in excess
of $453,000.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Samuel-Basset v. Kia Motors America, Inc.,
212 F.R.D. 271 (E.D. Pa. 2002)
Donovan Searles, LLC is co-counsel in this class action
involving 10,000 Pennsylvania consumers against Kia Motors America, Inc.
The class claims arise from a systematic defective brake system in
Kia Sephia automobiles, model years 1995-2001. The district court
granted plaintiff’s motion for class certification and Kia has
appealed that ruling to the Third Circuit Court of Appeals.
A decision is expected in early 2004.
[ Complaint ]
[ Press Release ]
[ Notice to Class ]
[ Settlement Notice ]
[ Court Decision ]
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Little v. Kia Motors America, Inc., No. UNN-L-800-01 (Law Division Aug. 20, 2003)
Donovan Searles, LLC as co-counsel in this New Jersey
class action against Kia, similar to the Samuel-Basset case
in Pennsylvania. On August 20, 2003, the New Jersey Superior
Court certified a class of New Jersey consumers to pursue
breach of warranty and Consumer Fraud Act claims arising
from the allegedly defective braking system.
[Complaint ]
[Press Release ]
[Notice to Class ]
[ Settlement Notice ]
[Court Decision ]
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Piper v. Portnoff Law Associates, Ltd., 262 F.
Supp. 2d 520 (E.D. Pa. May 15, 2003), 216 F.R.D. 325
(E.D. Pa. July 8, 2003); 2003 WL 21771745 (E.D. Pa. July 31, 2003)
Donovan Searles, LLC represents a class of over six
hundred residential homeowners who have been dunned by a debt
collection law firm for collection of water/sewer bills owed
to the City of Bethlehem, Pennsylvania. Donovan Searles,
LLC obtained a preliminary injunction of the scheduled
Sheriff Sale of the representative plaintiff’s home by the
defendant law firm in its attempt to collect a $254 water/sewer bill.
The lawsuit seeks to hold the defendant debt collector law firm
to the standards and requirements of federal and state debt
collection laws and also seeks to recover damages for the
class in the form of excessive and improper attorney’s fees
charged by the defendants. The district court entered
summary judgment on behalf of plaintiff and the class, and
defendants have appealed that ruling to the Third Circuit Court of Appeals.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Newton v. United Companies Financial Corp.,
24 F. Supp. 2d 444 (E.D. Pa. 1998)
Donovan Searles, LLC co-counseled this
five day bench trial on behalf of four low-income plaintiffs
against a sub-prime home equity lender for violations of
the Home Ownership and Equity Protection Act and the Equal
Credit Opportunity Act. Plaintiffs prevailed on virtually
all their claims, achieving rescission of the mortgages
and awards of money damages.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Miller v. Washington Mutual Home Loans, Inc.,
Docket No. L-3363-03 (Supreme Court of New Jersey - Law Division)
Donovan Searles, LLC is co-counsel to
plaintiff and a class of New Jersey consumers who were
charged illegal fees for paying off their residential
mortgages. Defendant has moved to dismiss on the
grounds of federal preemption, and a decision is
expected by the end of 2003.
.
[Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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Braun v. Wal-Mart Stores, Inc., 2003 WL
1847695 (Pa. Com. Pl. January 15, 2003)
Donovan Searles, LLC is co-counsel to t
he plaintiff and class in this action to recover unpaid
wages earned by Wal-Mart employees for overtime work.
Plaintiff has obtained a court ruling prohibiting Wal-Mart
from conducting ex parte interviews with current and former
employees who are class members. Discovery is currently
proceeding, and a decision on class certification is expected in 2004.
[ Complaint ]
[ Press Release ]
[ Settlement Notice ]
[ Court Decision ]
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