
PLG Obtains Refunds for Allstar Fitness Club Members
Just a few months after filing a class action suit on behalf of 400 former Allstar Fitness Club members who had unused prepaid memberships and services when the Monroe, Washington club closed its doors in September, 2007, PLG negotiated and obtained preliminary approval of a class action settlement that will provide those former members with full refunds with interest. Final approval of the settlement is expected to occur in May, 2008, with refund checks mailed in September.
PLG Obtains $5.1 Million Settlement on Behalf of Washington Borrowers in Deceptive Lending Case Against Subprime Lender
After winning pivotal class certification and summary judgment motions, PLG negotiated a class action settlement with NovaStar Mortgage in which it agreed to pay $5.1 million to resolve the claims of approximately 1,600 of NovaStar’s Washington borrowers. The case settled just days before trial and resulted in full compensation to Washington borrowers who obtained higher interest loans due to NovaStar’s undisclosed payments to their mortgage brokers. PLG co-counseled with Bergman and Frockt in this unprecedented settlement with a subprime lender regarding the impact to borrowers of undisclosed fees.The reported decisions in the case include Pierce v. NovaStar Mortgage, Inc., 489 F. Supp. 2d 1206 (W.D. Wash. 2007), Pierce v. NovaStar Mortgage, Inc., 238 F.R.D. 624 (W.D. Wash. 2006), and Pierce v.NovaStar Mortgage, Inc., 422 F. Supp. 2d 1230 (W.D. Wash. 2006).
PLG Successfully Prosecutes Copyright and Trademark Infringement Claims concerning Jonathan Livingston Seagull
Soon after prevailing in two groundbreaking summary judgment motions concerning the copyright and trademarks in the famous novel, PLG successfully negotiated a settlement with a multi-billion dollar company that was alleged to have unlawfully used for decades the intellectual property of the author of and photographer for the famous book, who PLG represented. See Richard Bach and Russell Munson v. Forever Living Products (2005-2007), 473 F. Supp. 2d 1110 (W.D. Wash. 2007) and 473 F. Supp. 2d 1127 (W.D. Wash. 2007).
PLG wins Venue Appeal for Dying Asbestos Plaintiff
After Weyerhaeuser successfully dismissed a 21-year old Arkansas resident’s case against Weyerhaeuser in Washington, PLG was retained for the appeal and obtained a reversal of that “forum non conveniens” dismissal. See Sales v. Weyerhaeuser Co., 138 Wn. App. 222, aff’d, --- P.3d ----, 2008 WL 324353 (2008).
PLG Trial Victories Affirmed on Appeal
PLG successfully tried a Consumer Protection Act case against a large realty firm, obtaining a judgment—after a two week jury trial. In 2007, the Court of Appeals affirmed the liability judgment and awarded PLG attorney fees on appeal. See Ruebel v. Camano Island Realty, Inc., 2007 WL 2823285 (Wash. Ct. App., Div. 1, Oct. 1, 2007). PLG also successfully tried an adverse possession case for the defendant Tyee Yacht Club, which the Court of Appeals affirmed. Burke v. Tyee Yacht Club, 2007 WL 1129656 (2007)
Hospital Unfair Pricing Cases
In the first suit of its kind nationally, PLG obtained a class action judgment against a major hospital system (Virginia Mason) for grossly differential pricing of outpatient procedures when performed at its hospital-based clinics instead of at its non-hospital or neighborhood clinics. That suit was followed by a class action settlement for patients of the University of Washington Medical Center who brought similar claims. Here is the link to the final judgment against Virginia Mason. Here is the link to the Court’s order granting final approval. An article describing the importance of this litigation against Virginia Mason can be found at http://www.fortherecordmag.com/archives/ftr_03202006p32.shtml. For an article in the health care journal Health and Business Policy and other commentary discussing the Virginia Mason and UWMC cases as "groundbreaking," click on this link: http://www.healthbusinessandpolicy.com/PricingLawsuits.htm. Here is the link to the press released regarding the Universtiy of Washington settlement.
Hospital Charges to Uninsured Patients
In the first settlement of its kind against a non-profit hospital system, PLG negotiated a class action settlement on behalf of all uninsured patients at Providence’s Oregon hospitals—the largest non-profit hospital system in Oregon, entitling those patients to refunds or adjustments in their past bills and lower charges for hospital services in the future. Multnomah County Circuit Court Judge Marilyn Litzenberger granted final approval to the class action settlement on June 23, 2006. Here is the link to the press release regarding the final approval. Thereafter, PLG negotiated a similar settlement with Legacy Hospital System, the second largest non-profit hospital system in Oregon, on behalf of all its uninsured patients. Here is the link to the press release regarding the final approval.