$13,500,000 Verdict in Carbon Monoxide Poisoning Case

posted on:
January 15, 2008

author:
Staff

category:
Personal Injury and Product Liability | Landmark Verdict

March, 1992 – In this case, our clients lost a family member and had 3 injured by carbon monoxide poisoning. Their home had a gas powered hot water heater which caused the poisoning. It did not have a vent safety shutoff switch which it should have had. If it had that switch, the family would have been saved from a huge loss. The jury sent a message to Defendant to put these safety switches on their hot water heaters in the future.

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Ethicon’s Physiomesh used in hernia repair linked to complications, higher incidence of surgical recurrence

posted on:
December 9, 2016

author:
Jennifer Walker-Journey

Johnson & Johnson subsidiary Ethicon has been plagued in recent years with litigation over its transvaginal mesh used to resolve symptoms of pelvic organ prolapse and stress urinary incontinence in women. The women allege that transvaginal mesh, made from a fibrous plastic product called polypropylene, can migrate within or erode inside the body, and perforate or puncture organs, causing chronic pain, infections and even death.

Now the company’s hernia repair device, Physiomesh, also made from polypropylene, is under scrutiny from reported similar complications. Physiomesh is a flexible polypropylene mesh designed to reinforce the abdominal wall, preventing future hernias from occurring.

Ethicon continues to deny that polypropylene implanted in the body can cause life-threatening complications. Yet, in May 2016, the company issued a market withdrawal of the products, a Food and Drug Administration (FDA) designation for products with a “minor violation” during which “the firm removes the product from the market or corrects the violation.” The withdrawal came in response to independent studies that revealed high rates of complications associated with the Physiomesh.

When Ethicon withdrew Physiomesh from the U.S. market, it also issued recalls of Physiomesh in Europe and Australia – actions that are more serious than market recalls and issued when a product has the possibility of causing adverse health consequences.

Meanwhile, complaints continue to mount against Ethicon’s hernia mesh. Studies in Germany and Denmark found higher rates of hernia recurrence and re-operation in patients who were implanted with Physiomesh compared to similar devices.

At least two lawsuits have been filed against Ethicon over alleged Physiomesh side effects. A Florida woman alleges she was seriously injured when the hernia mesh migrated and blocked her intestines. The mesh could not be removed because it had embedded into her abdominal wall. An Illinois man is suing Ethicon alleging his Physiomesh caused him to develop infections, abscesses and an intestinal fistula. His case is set for trial in January 2018.

Source: Record Reform

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Beasley Allen recognizes firm’s leading lawyers

posted on:
December 9, 2016

author:
Staff

category:
Community

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., announced that Principals Ted. G. Meadows and Rhon E. Jones were selected as the firm’s Litigators of the Year for 2016. The annual recognition is presented to the attorney(s) who demonstrates exceptional professional skill throughout the course of the year and best represents the firm’s ideal of “helping those who need it most.” Meadows practices in the firm’s Mass Torts section and has been key in leading the litigation against Johnson & Johnson for ovarian cancer illnesses and deaths related to the company’s talcum powder products. Jones is head of the firm’s Toxic Torts section, and headed up litigation related to the BP oil spill.

In addition to selecting the overall “top attorneys,” Beasley Allen recognized excellence in each of its sections, naming the Lawyer of the Year in each. Honorees for 2016 are Chris D. Glover, Personal Injury Section Lawyer of the Year; LaBarron N. Boone, Products Liability Section Lawyer of the Year; Archie Grubb, Fraud Section Lawyer of the Year; David Dearing and Danielle Ward Mason, Mass Torts Section Lawyers of the Year; and John Tomlinson, Toxic Torts Section Lawyer of the Year.

“I am proud of the talented lawyers we have working at the firm,” Principal & Founder Jere L. Beasley said. “The lawyers who were recognized this year have displayed outstanding abilities and talents in their profession, and we are blessed to have them as part of our team. And that is key. Part of what makes them successful is their appreciation that our work is a team effort, and that they couldn’t do what they do without the support of their fellow lawyers and staff here at the firm. This is a recognition that is well-deserved.”

In addition to the professional awards given each year, the Board of Directors elect to recognize an attorney each year in memory of Beasley Allen lawyer Chad Stewart, who passed away in 2014. The Chad Stewart Award was created to recognize a lawyer who best exemplifies Chad’s spirit of service to God, his family and the practice of law in the task of “helping those who need it most.” The 2016 Chad Stewart Award was presented to Roman Shaul. Roman practices in the firm’s Consumer Fraud section, and worked alongside Chad in his practice. He is an attorney dedicated to his clients, and focused on helping others.

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Second pipeline explosion death highlights importance of workplace safety

posted on:
December 9, 2016

author:
Kendall Dunson

It’s often not until a situation turns bad that safety is brought to the forefront.

Earlier this week, the Occupational Safety and Health Administration (OSHA) confirmed the death of a second victim in the Oct. 31 Colonial Pipeline explosion, bringing the fatality count to two.

The explosion occurred while contractors were working to repair a gas leak in a remote location 30 miles south of Birmingham, Ala., that affected Georgia-based Colonial Pipeline’s Line 1, which pushes an estimated 1.3 million gallons of gasoline a day through the state, according to Al.com.

Nine contractors – all but one from L.E. Bell Construction – were working a mile west of the original leak when a worker accidently stuck the line while excavating, according to releases by Alabama Governor Robert Bentley’s office.

The subsequent explosion left one contractor fatally injured and sent four more to UAB’s burn center. This week we learned the death toll has risen. Additionally, two fires caused by the explosion burned 31 acres of land, and though no residences were close by, they required fire crews to build an earthen dam to contain the flames, according to Al.com.

“Typically we don’t see external damage to a pipeline from ground-level activity, whether it’s human or weather-related, except for some third party striking the pipeline with a piece of excavation equipment,” Brigham McCown, former administrator of the federal Pipeline and Hazardous Materials Safety Administration, told AL.com. “That’s now the leading cause of pipeline spills and accidents.”

A Forbes article about the explosion poses the question, “Do we need fewer pipelines – or more?” The question hints at one of the main concerns associated with oil and gas pipelines: safety. What – if anything – could have been done to prevent this? Was everyone following protocol when this occurred?

As any personal injury attorney knows, accidents happen. Though there is no apparent evidence of wrongdoing in the Colonial Pipeline Explosion at this time, all too often we find that when serious injuries or death occurs on the job, it was tragically preventable. It’s disasters like the explosion that make clear how important safety regulations are for the safety of workers and those who live in the communities in which they work.

If you have any questions about whether a serious work-related injury could qualify for compensation, please contact Kendall Dunson, an attorney in our Personal Injury section, for a free and confidential evaluation of your claim. He can be reached at 800-898-2034 or email Kendall.Dunson@beasleyallen.com.

Sources:
Al.com – Second death confirmed
Al.com – First death confirmed
Al.com – Alabama pipeline leak
Governor Bentley’s initial response
Governor Bentley declares State of Emergency
Al.com – Hunting Grounds
Forbes

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U.S. Supreme Court Upholds Verdict Against State Farm In Whistleblowers’ Hurricane Katrina Fraud Case

posted on:
December 8, 2016

author:
Kurt Niland

The U.S. Supreme Court unanimously upheld a jury verdict Tuesday against State Farm and Casualty Co. in a whistleblower case that accused the insurer of defrauding the federal government by manipulating Hurricane Katrina property damage reports.

State Farm appealed the case all the way to the nation’s highest court, claiming it should have been dismissed because the plaintiffs’ lawyer leaked the existence of the lawsuit to the press when it remained under seal.

Justice Anthony Kennedy wrote in an opinion for the court upholding the Fifth U.S. Circuit Court of Appeals decision in favor of whistleblowers Cori and Kerry Rigsby, sisters who formerly worked as adjusters for an Alabama contractor assessing property damage after Hurricane Katrina decimated parts of the Gulf Coast in 2005.

The Rigsbys accused State Farm of misclassifying wind-damage reports, which would have been payable by State Farm, as flood damages, which made them the federal government’s liability. The federal government insures property owners for flood damages whereas private insurers do not.

The Rigsbys won their case in 2013 when a federal jury in Mississippi ordered the insurer to pay $750,000 in damages, with the Rigsbys collecting $227,000 of that as a whistleblower award.

State Farm appealed, claiming the case needed to be dismissed because the Rigsby’s lawyer leaked information to the press about the existence of the case before it was public. The Associated Press, New York Times, and ABC News all published stories about the case, although none of the stories specifically mentioned the Rigsby lawsuit.

The Rigsby’s lawyer was later disbarred after he was convicted of trying to influence a judge in another, unrelated case.

According to PBS News Hours, the Supreme Court’s decision “dealt almost exclusively with the provisions of the federal False Claims Act that call for the existence of whistleblower lawsuits to remain secret for at least two months.” Justice Kennedy wrote that there is no federal law requiring a lawsuit to be dismissed upon that violation.

Although the Supreme Court ruling marks a hard-fought victory for the whistleblowers, it is bound to have wider implications in parts of the Gulf Coast.

PBS News Hours reports that the Rigsby case gives rise “to other claims that Illinois-based State Farm defrauded the National Flood Insurance Program. Last year, Mississippi filed its own civil fraud lawsuit against State Farm, saying the state paid as much as $522 million to State Farm policyholders after the company manipulated the reports of adjusters and engineers to limit its responsibility.”

Sources:
PBS News Hour
Righting Injustice

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Consumer Products Safety Commission initiative to review battery industry, lithium-ion battery problems

posted on:
December 8, 2016

author:
William Sutton

A growing number of exploding electronic devices powered by lithium-ion batteries have prompted calls for more government oversight, or at least a better system for more closely monitoring the batteries and their use.

In October, Elliot Kaye, Consumer Products Safety Commission (CPSC) chairman, won full support from the bipartisan CPSC for a new initiative to review the battery industry – specifically, the lithium-ion battery segment. According to a National Public Radio story, the CPSC will work with other agencies and companies to compile a comprehensive review of the lithium-ion battery problem.

Armed with a broader understanding of the industry and the problem, Kaye hopes the initiative will uncover better standards, practices and designs to prevent hazards altogether – a goal praised by the National Law Review.

In addition to the increasing demands on lithium-ion batteries and their unstable and often volatile reaction under pressure, Kaye believes that competitive pressures within the battery industry also contribute to disastrous outcomes. Based on his years of experience, he says that ideal standards and systems “go out the window” when competition pushes manufacturers to their limits, and this must also be addressed.

For that reason, another key focus of the initiative is to determine what else is missing in terms of safety. The initiative directs the CPSC to identify “gaps in standards, international cooperation, enforcement, [or] something else.”

After stepping down as chairman next year, Kaye plans to assume a commissioner role and will spearhead the initiative. Based on the CPSC’s bipartisan support following the initial announcement, both Kaye and the initiative seem to have the support of the new administration.

If you would like more information about lithium-ion batteries, you can contact Will Sutton, a lawyer in Toxic Torts Section. He can be reached at 800-898-2034 or by email at William.Sutton@beasleyallen.com.

Sources:
National Public Radio
National Law Review
Beasley Allen

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Beasley Allen appointed to leadership role in Johnson & Johnson talc MDL

posted on:
December 6, 2016

author:
Staff

Beasley Allen attorney Leigh O’Dell has been selected to serve as Co-Lead Counsel for consolidated Multidistrict Litigation (MDL) in New Jersey federal court concerning talcum powder’s link to ovarian cancer. Michelle Parfitt of Ashcraft & Gerel, a firm based in Washington, D.C., will also serve as Co-Lead Counsel.

The lawsuits allege that defendant Johnson & Johnson is liable for personal injuries or wrongful deaths that resulted from ovarian or uterine cancer in women who used the company’s talc products for feminine hygiene. More than 70 cases are pending in the MDL. Judge Freda L. Wolfson, United States District Judge for the District of New Jersey in Trenton, was appointed by the Judicial Panel on Multidistrict Litigation to preside over the MDL.

“I feel very honored to serve on behalf of the thousands of women who are suffering and many dying of ovarian cancer as a result of their long-term use of talcum powder,” O’Dell said. “Despite numerous credible scientific studies showing an increased risk of ovarian cancer, Johnson & Johnson has never warned users of their Baby Powder or other talcum-powder based products. Internal documents make clear that J&J and its principal supplier of talc have been aware of the risks of ovarian cancer for many years. Rather than act responsibly and warn consumers, Johnson & Johnson suppressed safety information and actively misled women about the dangers of genital talc use. The company’s conduct is reprehensible, and we look forward to continuing to pursue justice on behalf of these deserving women and their families.”

Already this year three juries have found Johnson & Johnson liable for injuries or wrongful death resulting from the use of its talc-containing products such as Johnson’s Baby Powder and Shower to Shower body powder for feminine hygiene.

In October, a jury awarded Plaintiff Deborah Giannecchini $70.075 million after agreeing the products contributed to the development of her ovarian cancer. The verdict included $575,000 in medical damages, $2 million in compensatory damages, and $65 million in punitive damages against Johnson & Johnson and $2.5 million in punitive damages against Imerys Talc America, Inc., which supplies talc to Johnson & Johnson. This was the first jury verdict against Imerys in this litigation.

On May 2, a jury awarded Gloria Ristesund $55 million, which included $5 million in actual damages and $50 million in punitive damages. In February, another jury awarded the family of Jacqueline Fox $72 million, holding Johnson & Johnson liable for her ovarian cancer death. In that verdict, $62 million was punitive damages. The purpose of awarding punitive damages is to punish a company for wrongdoing and to compel it to change its actions.

Scientific research, including more than 20 well-executed scientific studies, shows that women who have ever used talcum powder for genital hygiene are at a 30-60 percent increased risk of developing ovarian cancer compared to those who have never used it. In the U.S., ovarian cancer affects about 24,000 women a year and is the fifth leading cause of cancer death among women. It is estimated that 14,000 women die from talc-related ovarian cancer each year. One medical expert calculates that this use of talcum powder leads to nearly 10 percent of the new ovarian cancer cases reported annually. This modifiable risk factor, if eliminated, could prevent the diagnosis and save the lives of thousands of woman each year. Yet Johnson & Johnson has ignored and attempted to discredit these scientific studies, and still refuses to provide warning labels on talc-containing products about the link between talc and ovarian cancer.

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Safe holiday travel requires preparation

posted on:
December 6, 2016

author:
Staff

An estimated one in three Americans pack their cars with people and presents over the holiday season and take to the roads for their celebrations, according to AAA, a nonprofit organization for motor clubs.

As traffic increases, so too does the chance the trip may not end as merrily as expected. Fortunately, incorporating preventative steps into holiday travel plans can help ensure motorists arrive before the table is set for dinner instead of after everyone has finished dessert.

Before embarking on a holiday excursion, AAA recommends getting the vehicle making the trip inspected to ensure its tires, brake lights, turn signals, brake fluid, etc. will last the span of the drive. The organization recommends mapping the route to a destination in advance, anticipating increases in traffic and the weather. Having roadside assistance set up and a phone charger might also come in handy.

While on the road, ensure each person in the vehicle is correctly using an appropriate safety harnesses, whether that be a seat belt, child safety seat, or booster seat.

If traveling with children, accompany them into any bathroom and remind them not to talk to strangers. AAA recommends keeping valuables in the trunk of the car while traveling in order to help prevent theft, and the American Red Cross encourages drivers to be “well rested and alert,” additionally making arrangements to have multiple drivers in case tiredness or intoxication becomes an issue.

Perhaps the most important tip is to “expect the unexpected on the road,” according to Safe Kids Worldwide. As tempting as it can be to reverse the two, safety should be the priority rather than making good time. Remember: No text message or play list is worth the risk. Last year AAA planned to rescue nearly 900,000 drivers during the end-of-year travel season, and the National Safety Council anticipated between 250 and 350 vehicle fatalities.

However, buckling up, slowing down and avoiding distraction greatly increases the chances of motorists’ holiday travel outlooks remaining merry and bright.

Sources:
AAA – Travel Forecast
AAA – Travel Tips
American Red Cross
Safe Kids Worldwide
National Safety Council

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Johnson & Johnson, DePuy Orthopaedics hit with $1 billion verdict in third hip implant bellwether trial

posted on:
December 1, 2016

author:
Staff

Texas jurors deliberated for less than a day before returning a verdict finding Johnson & Johnson and its DePuy Orthopaedics Inc. unit liable for injuries related to the Pinnacle metal-on-metal hip implant. The jury awarded the six Plaintiffs in the bellwether trial $1.04 billion, which includes between $4 million and $6 million per plaintiff in damages for physical injuries and pain and suffering, and $1 million each to four spouses for loss of consortium. The verdict also includes more than $504 million in punitive damages against both DePuy and Johnson & Johnson.

Punitive damages are intended to punish a company for misconduct by hitting them where it hurts – in the pocketbook. The message is to prioritize patient safety before profits.

The lawsuit alleged the metal-on-metal hip design caused trillions of microscopic metal particles to shed with every step, which Plaintiffs say led to bone erosion, tissue damage, infection, inflammation and blood poisoning known as metallosis. The cobalt-chromium alloy socket-and-ball-head hip implant system has been under scrutiny since patients who had received them noticed that their new hip was failing at an alarming rate – some as little as five years. Artificial hips made from other materials can last up to 20 years or more.

Jurors found DePuy and Johnson & Johnson each liable for negligent design defect, negligent failure to warn, strict liability failure to warn, failure to recall, negligent misrepresentation, intentional misrepresentation and fraudulent concealment. Law 360 reports, “J&J was also found liable for aiding and abetting DePuy in each of the seven causes of action. The jury found J&J did not conspire with DePuy on the design defect claim, but did find J&J liable for conspiracy on the other six claims.”

This was the third bellwether trial in a multidistrict litigation (MDL) involving the Pinnacle metal-on-metal hip implant. The cases are consolidated under Judge Ed Kinkeade in U.S. District Court for the Northern District of Texas.

J&J won the first bellwether trial, which involved one plaintiff from Montana. A group of five Plaintiffs won the second bellwether trial, with a jury awarding a whopping $502 million verdict. However, because those Plaintiffs were from Texas, that verdict was reduced by almost two-thirds to $150 million because of a cap on punitive damages under Texas law. The six Plaintiffs in this latest trial are from California, so the verdict is not subject to a punitive damages cap.

Beasley Allen lawyer Navan Ward is a member of the Plaintiffs Steering Committee (PSC) for the Pinnacle MDL and was heavily involved with the second MDL trial. “After consecutive multi-plaintiffs trial verdicts against J&J and DePuy,” Navan states, “evidence is clear that the Pinnacle metal-on-metal hips are problematic and the defendants should do the right thing in order to compensate and resolve the remainder of these cases that are filed in various cases around the country, as well as in the MDL.”

Navan is Beasley Allen’s lead attorney on the metal-on-metal hip implant litigation. He was not only selected to the Pinnacle PSC, but also selected to the PSC for the DePuy “ASR” Hip Implant Recall MDL. Navan also was appointed as Co-Lead Counsel for the Plaintiffs Executive Committee in the Biomet M2a Magnum Hip Implant Products Liability MDL. For more information about hip litigation, contact Navan at Navan.Ward@beasleyallen.com.

The next bellwether trial is scheduled to begin in September 2017, with 10 Plaintiffs from New York. The MDL is In re: DePuy Orthopaedics Inc. Pinnacle Hip Implant Products Liability Litigation, case number 3:11-md-02244, in the U.S. District Court for the Northern District of Texas.

Source: Law360

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At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Safety tips to prevent battery explosions and fires this holiday season

posted on:
December 1, 2016

author:
William Sutton

It is a festive time of year for many. A time to enjoy decorations adorning homes, shopping centers and city landscapes. The time of year when the latest and greatest gadgets eagerly await, and start flying off store shelves to become holiday gifts of cheer.

Most of these gifts and decorations will be powered by lithium-ion batteries. The recent news stories about exploding lithium-ion batteries in devices such as smartphones, electronic cigarettes and hoverboards should spark caution throughout this season. These fiery incidents remind consumers that regardless of size, batteries can be dangerous.

Flameless candles are the latest item on a growing list of exploding devices powered by lithium-ion batteries. Marketed as safer alternatives to traditional wax candles, these devices are frequent substitutes in many decorations. A community center in one small Canadian town witnessed the damage even a dime-size lithium-ion battery can do under the right conditions. The center had to temporarily close after a decorative flameless candle caught fire and damaged part of the building.

Experts recommend the following tips to keep the holiday season happy and bright:

  • Read the owner or operator’s manual for any product purchased.
  • Use the battery and battery charger that comes with the device. The device, battery and charger were specifically designed to work together. Never use a third party charger, which may be cheaper, but could also be dangerous.
  • Never store batteries with exposed positive or negative leads.
  • Before disposal, always cover the battery in plastic tape to avoid possible short circuits.
  • Always recycle batteries properly.
  • Keep all batteries out of the reach of children. Swallowing or mishandling a battery could be fatal.

If you would like more information about lithium-ion batteries, you can contact Will Sutton, a lawyer in Toxic Torts Section. He can be reached at 800-898-2034 or by email at William.Sutton@beasleyallen.com.

Sources:
Richmond News
Fox19 News
Beasley Allen

Free Legal Consultation
At Beasley Allen, there is never a fee for legal services, unless we collect for you. Contact us today by filling out a brief questionnaire, or by calling our toll free number, 1-800-898-2034, for a free, no-cost no-obligation evaluation of your case.

Beasley Allen named to Executive Committee in Wells Fargo ERISA litigation

posted on:
November 30, 2016

author:
Staff

category:
Fraud

Lawyers at Beasley Allen have been appointed to the Executive Committee in litigation filed on behalf of Wells Fargo employees claiming that the bank’s fake-account scandal is jeopardizing their retirement accounts. Wells Fargo employees have seen the value of their 401(k) retirement plan plunge during this disaster because the plan is heavily invested in the bank.

“The fake-account fraudulent scheme Wells Fargo imposed on consumers ultimately caused harm to its own employees,” said W. Daniel “Dee” Miles, III, head of Beasley Allen’s Consumer Fraud section. “Many of the same people responsible for the fake-account fraudulent scheme also managed the Employee Benefit plan. Those responsible for the Wells Fargo Plan invested Heavily in Wells Fargo stock on behalf of the plan, despite having knowledge of the fraudulent scheme. When the scheme was revealed the stock tanked, causing harm to Wells Fargo employees who participated in the plan. This class action we’ve filed seeks to rectify that harm to those employees.”

The lawsuit alleges the Wells Fargo fraud violated employees’ rights under the Employee Retirement Income Security Act (ERISA). Wells Fargo’s 401(k) matching funds are in the form of Wells Fargo stock. The lawsuit alleges Wells Fargo hid the truth from its employees and violated fiduciary duties owed to the plan participants.

In September, Wells Fargo agreed to pay the U.S. $185 million in penalties and $5 million to customers it defrauded by pressuring employees to meet sales quotas by opening fake customer accounts. The scheme was so common that it led to the creation of more than two million checking, savings, and credit card accounts using customers’ personal information without their consent. The bank then charged customers fees for maintaining the accounts.

Beasley Allen is one of only six firms appointed to a leadership role in the entire Wells Fargo litigation. There are a number of other lawsuits filed in relation to the fraudulent activities.

• A class action was filed on behalf of consumers against Wells Fargo for opening unauthorized accounts, and the Los Angeles City Attorney filed a complaint as well. Another class action was filed in Utah District Court on behalf of consumers who were victims of the Wells Fargo scheme. The 2015 cases settled, but the consumer case in Utah is still ongoing.
• Another set of cases brought by Wells Fargo employees deal with employees who were fired or demoted over the last 10 years for refusing to open bogus accounts to meet Wells Fargo’s aggressive sales goals.
• Wells Fargo shareholders filed suit in California alleging Wells Fargo misled investors about its financial performance and the success of its sales strategies causing stock to trade at inflated prices. The suit alleges violations of the 1934 Securities and Exchange Act, including allegations of insider trading.

The ERISA lawsuit was filed by Beasley Allen Crow Methvin Portis & Miles P.C., along with Lockridge Grindal Nauen PLLP, Grant & Eisenhofer P.A., and Elias Gutzler Spicer LLC. The case is Allen v. Wells Fargo , D. Minn., No. 0:16-cv-03405, complaint filed Oct. 7 in the United States District Court for the District of Minnesota.

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