Erisa Investment Class Action

This class action involved allegations that over 2,500 ERISA 401(k) plans had been charged significant, undisclosed management fees by First Mercantile Trust (“FMT”), a fund to fund manager of qualified employee investment plans. Learn more »

Excessive Attorney Fee Class Action

This action involved allegations that a well known plaintiff law firm, Wilkes & McHugh, P.A., had charged its clients an excessive legal fee in violation of Tennessee’s Medical Malpractice Act (“TMMA”). Specifically, Wilkes & McHugh represented hundreds of families in personal injury and wrongful death actions against nursing homes located in Tennessee, routinely charging them contingency fees of between 40% to 45%. Plaintiffs alleged that these cases were controlled by the TMMA, which caps a plaintiff attorney’s fee at one-third of all damages awarded. See, First Amended Class Action Complaint. (1) Learn more »

Option Holder Class Action

In this matter, our firm represented current and former employees who had been granted stock options in a publicly-held company under a 1998 employee option plan. Learn more »

Truck Driver Class Action

This class action was brought by truck drivers who alleged that they had lost money as the result of attending a student trucking driving academy conducted by Swift Transportation Co., Inc., the largest trucking driving operation in the United States. Learn more »

Excessive Tax Collection Fee Class Action

Linebarger, Goggan, Blair & Sampson, LLP is a national law firm that specializes in the collection of delinquent property taxes and other debts owed to governmental entities. Learn more »

Federal Express Overharge Class Action

Every day Federal Express makes deliveries to both commercial and residential addresses throughout the nation. When the address is a business, Fed Ex has one charge; when the address turns out to be a residence, Fed Ex is entitled under its shipping contract to add a “surcharge” of $3.50, the theory being that residences present more difficult deliveries than do office buildings and other businesses. Learn more »

Defective Firework Causes Loss of Eye

In this action, our client’s left eye was blown out by a defective firework manufactured in China and sold at a fireworks stand in Shelby County, Tennessee. Specifically, our client lit a fuse on a cylindrical “artillery shell” style firework , which was supposed to burn for 5 seconds before discharging flaming projectiles (in order to allow him to move a safe distance away from the firework). When he lit the firework, however, it immediately exploded and fired at angle such that a flaming mortar flew directly into his eye, destroying the eye and eye socket. Learn more »

Defective Plastic Stool Causes Femur Break and Permanent Limp

We had the privilege of representing a housewife who suffered a life-long injury when a plastic stool broke and caused her to fall. She had purchased a plastic folding stool from TJ Max and has used it on or two times before her fall. While getting ready for church on Sunday, she stood on the stool to examine her dress in her bathroom mirror when, without warning, the stool shattered; she fell in an odd position, breaking her right femur in nine different places. Despite multiple surgeries and extensive physical therapy, our client was left with a permanent limp. Learn more »

Unsuitable Investment Advice

In this matter, we represented a retired employee of UPS who held over $ 1.8 million in UPS stock that he had acquired over the years under certain employee stock plans. Upon retirement, Merrill Lynch approached him and recommended that he diversify his UPS stock by purchasing as “pre-paid forward contract” (a type of contract in which Merrill Lynch would loan him money against his UPS stock in order to make diversified investments in the stock market, with the repayment of the loan to be based upon the price of the UPS stock at the end of a given time period). Learn more »

Life Insurance Sales Practices

In this action our firm represented a middle age couple who had been sold numerous variable whole life insurance policies from New England Life Insurance. Although they already owned life insurance policies, our clients were promised by New England's agents that their purchase of variable whole life policies should be used to fund their retirement needs. Learn more »
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