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Notable Cases

  • Kinkel v. Cingular Wireless , 223 Ill.2d 1 (Ill. 2006), Complex Litigation Group LLC co-lead counsel in case in which Illinois Supreme Court unanimously ruled that arbitration clause in Cingular's cell phone contract violated public policy, and was thus unenforceable.
  • Group Health Insurance Out-of-Network and Medpay "Fee Review" Litigation Complex Litigation Group LLC has long been at the forefront of litigation against the insurance industry's use of flawed and fraudulent computerized fee programs such as Ingenix. Group Health insurers use these programs to calculate "usual and customary" (UCR) reimbursement deductions for out-of-network treatment, while automobile insurers use these programs to calculate what is purportedly a "reasonable" fee for automobile insurance coverage (known as "medical payment" or PIP coverage). Complex Litigation Group LLC has filed over a dozen such lawsuits since 1999, and is currently in leadership roles in litigation against Allstate Insurance Company, Farmers Insurance Exchange, 21 st Century, Wellpoint/Blue Cross, Aetna and Cigna
  • AOL Unauthorized Charges Litigation. Complex Litigation Group LLC was co-lead class counsel in lawsuit challenging AOL's imposition of allegedly unauthorized charges on AOL account holders. The case settled for over $50 million (cash / direct account credits), plus attorneys' fees and expenses. O'Leary et al v. America Online, Inc., et al., No. 03 L 491 (Illinois Circuit Court, 20 th Judicial District).
  • Nationwide Ins. Co. "Medical Payments" Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit that challenged Nationwide Insurance Company's use of allegedly biased claims valuation software to pay medical claims. The settlement was granted final approval in March 2008, and provides benefits to the class in excess of $60 million, plus attorney fees and expenses. Cashman v. Allied Insurance, et al., No. CV 05-415-TUC-RCC (D. AZ) and Garza v. Nationwide Ins. Co., et al., No. 02-06322 (148 th Judicial District, Texas).
  • T-Mobile "Early C ancellation Fee" Litigation. Complex Litigation Group LLC one of Rule 23(g) Interim Class Counsel in national class action challenging T-Mobile's ETFs. The parties have reached a $11.5 million settlement that has been preliminarily approved by the United States District Court, District of New Jersey. Millron, et al. v. T-Mobile USA, Inc.,, No. 08-cv4149-JLL (D.N.J.)
  • Internet Hotel Tax Litigation. Complex Litigation Group LLC represents Lyndhurst, New Jersey, Monroe County, Florida, Worcester County, Maryland, Goodlettsville and Brentwood, Tennessee and Fairview Heights, Illinois, among others, in lawsuits challenging Internet Travel Companies' calculation and payment of taxes. See, e.g., County of Monroe, Florida v. Priceline.Com, et al., No. 09-10004 (S.D. Fla.) and The City of Goodlettsville, Tennessee v. Priceline.com, Inc., et al, 08-cv-00561 (M.D. Tenn.).
  • Sprint "Early Cancellation Fee" Litigation. Complex Litigation Group LLC one of Rule 23(g) Interim Class Counsel in national class action challenging Sprint's "Early Termination Fees" on cell phone users. The parties have reached a $17.5 million settlement that has been preliminarily approved by the United States District Court, District of New Jersey. Larson, et al. v. Sprint Nextel, et al., No. 07-cv-05325-JLL (D.N.J.)
  • Carey v. Kerr McGee Chemical Corp., et al. Complex Litigation Group LLC was co-lead counsel in case of first impression in Illinois to recognize claim for "medical monitoring." Carey v. Kerr McGee Chemical Corp., 60 F.Supp.2d 800 (N.D. Ill. 1999). Case settled for $5 million on behalf of class of minor children who resided in West Chicago, Illinois. Carey v. Kerr McGee Chemical Corp., No. 96 C 8583 (N.D. Ill.)
  • Phillips v. Ford Motor Co ., 435 F.3d 785 (7 th Cir. 2006) FW co-lead counsel in case of "first impression" under Class Action Fairness Act ("CAFA"), holding that post-CAFA amendments adding named plaintiffs to putative class action complaint did not constitute "commencement" of new action.
  • "Total Loss" Automobile Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit that challenged several insurance companies' use of allegedly biased claims valuation software to pay "total loss" claims. The case settled for $50 million, plus attorneys' fees and expenses. In re Total Loss Class Action Litigation, Nos. 01 L 157, No. 01 L 149, 01 L 158, 03 L 1267, et al. (Illinois Circuit Court, 3 rd Judicial District)
  • Old Kent Bank "Improper Collection" Practice . Complex Litigation Group LLC lead counsel in lawsuit challenging Old Kent's debt collection practices. The case settled for direct payment to class members that represented 100% recovery. Ibrahim v. Old Kent Bank, No. 99 C 999 (N.D. Ill.)
  • USAA "Medical Payments" Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit challenging USAA Insurance Company's payment of medical bills and use of allegedly biased claims valuation software. The case settled for $35 million, plus attorneys' fees and expenses. Bemis v. United Services Automobile Association, et al., No. 00 L 224 (Illinois Circuit Court, 3 rd Judicial District).
  • Trilegiant / Cendant Unauthorized Charge Litigation . Complex Litigation Group LLC co-lead class counsel in lawsuit challenging imposition of allegedly unauthorized charges on consumers who purportedly signed up for various "memberships" offered by Trilegiant and its marketing partners. The case settled for $25 million cash, plus injunctive relief and attorneys' fees and expenses. Pederson v. Trilegiant Corp. f/k/a Cendant Membership Services, Inc, No. 01 L 1126 (Illinois Circuit Court, 3 rd Judicial District)
  • Horace Mann "Medical Payments" Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit challenging Horace Mann's use of allegedly biased claims valuation software to pay medical claims. The case settled for $1.5 million, plus attorneys' fees and expenses. Aleman v. Horace Mann Ins. Co., No. DC-03-176 (District Court, 229 th Judicial District, Texas)
  • Homecomings "Junk Fee" Litigation. Complex Litigation Group LLC co-lead counsel in lawsuit that challenged imposition of third party fees on mortgages. The case settled for $15 million, plus attorneys' fees and expenses. Knight v. Homecomings Financial Network, No. 03 L 1923 (Illinois Circuit Court, 3 rd Judicial District).
  • Ashland Oil "Valvoline Motor Oil"Litigation . Complex Litigation Group LLC lead counsel in lawsuit that challenged misrepresentations in the sale of Valvoline motor oil. The case settled for $3 million, plus attorneys' fees and expenses. Blackwell v. Ashland, Inc. d/b/a The Valvoline Company, No. 99 CI 00129 (Greenup County, Kentucky)
  • Travelers "Medical Payments" Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit that challenged Travelers Insurance Company's use of allegedly biased claims valuation software to adjust and pay insured persons' and medical providers' claims. The case settled for $15 million, plus attorneys' fees and expenses. Ragan v. Travelers Property Casualty Company, No. 00 L 224 (Illinois Circuit Court, 3 rd Judicial District).
  • Chase "Disposition Fee" Litigation. Complex Litigation Group LLC lead class counsel in lawsuit that challenged Chase Manhattan's imposition of "Disposition Fees" on lease holders at scheduled lease termination. The case settled for $10 million, plus attorneys' fees and expenses. Hall v. Chase Manhattan Automotive Finance Corp. d/b/a Chase Auto, No. 99 CH 360 (Illinois Circuit Court, Cook County, Illinois).
  • Hollywood Video "Late Fees" Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit that challenged Hollywood Video's imposition of "late fees" on its customers. The case settled for $13 million, plus attorneys' fees and expenses. DeFrates v. Hollywood Entertainment Corp., No. 02 L 707 (Illinois Circuit Court, 20 th Judicial Circuit).
  • Liberty Fire/Liberty Mutual Medpay Litigation (personal Lines) (Oregon). $5.5 million settlement; Complex Litigation Group LLC co-lead class counsel in national settlement of claims challenging Liberty's payment of medical bills, which allegedly exceeded "usual and customary" charges and/or reductions taken pursuant to PPO agreements. Froeber v. Liberty Mutual Ins. Co., No. 00 C 15234 (Circuit Court Marion County, Oregon).
  • Behr Sealant Litigation (Illinois/California). Complex Litigation Group LLC class counsel in case that first sought and obtained certification of a national class (excluding Washington state), after which the case settled through prior pending California action for $100 million. Caliper v. Masco Corporation, Behr Process Corp., et al., No. 01 L 232 (Illinois Circuit Court, 20 th Judicial Circuit).
  • UPS "Excess Insurance" Litigation. Complex Litigation Group LLC co-lead class counsel in lawsuit challenging insurance charges imposed by UPS. The case was settled for $48 million, including attorneys' fees and expenses. Triad Industries v. United Parcel Service, No. 00 L 600 (Illinois Circuit Court, 3 rd Judicial Circuit).

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