Listed below are some examples of Illinois state and federal cases that exemplify our years of experience with complex class action cases.
-- Miller v. Royal Maccabees Life Insurance Company, 97 CH 04324 (Cir. Ct. Cook Cty.) - Schad, Diamond & Shedden recovered $127.6 million including $93 million in cash and $34.6 million savings on future cost of insurance charges. The plaintiff policyholders filed a class action complaint in the Circuit Court of Cook County, Illinois against an insurance company charging that the company breached its contract with policyholders, violated consumer fraud laws and breached its fiduciary duty to policyholders by illegally raising cost of insurance (COI) rates. The court appointed Schad, Diamond & Shedden class counsel in this action. After the recovery was made the court praised Schad, Diamond & Shedden, stating that it achieved an "extraordinary result for the Class" and did a "remarkable job in litigating the case" which was "aggressively contested at every turn".
-- PrimeCo Personal Communications, L.P v. Illinois Commerce Commission and the City of Chicago, 98 CH 5500 (Cir. Ct. Cook Cty.) – Class action against Illinois municipalities for alleged misrepresentations and other fraudulent conduct relating to improper charges on wireless and landline customers’ phone bills. Schad, Diamond & Shedden, P.C. was appointed class counsel in this action. The firm recovered in excess of $31 million on behalf of wireless customers.
-- Mielke v. Laidlaw Transit, Inc., 00 C 00669 (N.D. Ill.) – Representative action filed on behalf of employees of transportation company based on its alleged failure to pay its employees overtime wages in violation of the Fair Labor Standards Act. The firm successfully recovered unpaid wages on for employees.
-- Pandolfi, et al v. Viking Office Products, Inc., 97 CH 8875 (Cir. Ct. of Cook Cty.) Lead counsel in a nationwide deceptive trade practices case seeking to recover charges paid for worthless delivery insurance -- approximate $22 million recovery.
-- Rhyne, et al. v. American Home Products Corp., et al., 98 CH 4099 (Cir. Ct. of Cook Cty.) Co-lead counsel in a pending case on behalf of Illinois consumers of diet drugs fenfluramine (Pondimin) and dexfenfluramine (Redux) for medical exams and tests recommended by the U.S. Department of Health and Human Services to screen for serious heart conditions associated with the drugs.
-- Kong, et al. v. Nova Cellular Co., et al., 95 CH 6227 (Cir. Ct. of Cook Cty.) Lead counsel in a nationwide settlement class of people that were deceptively overcharged for cellular phone services -- approximate $4 million recovery.
-- Morrow v. Parson Group, L.L.C., 98 C 5605 (N.D. Ill.) (Judge Pallmeyer) Co-lead counsel in a Fair Labor Standards Act nationwide collective action for unpaid overtime pay on behalf of dozens of skilled employees of a temporary staffing company.
-- Jones v. McKenzie Leasing Corporation, 94 L 6809 (Cir. Ct. of Cook Cty.) Counsel in a consumer fraud and Rental Purchase Agreement Act case against a rent-to-own company for failing to make required disclosure and for charging unconscionably high prices -- approximate $2.5 million recovery.
-- In re Financial Partners, 82 C 5910 (N.D. Ill.). Co-lead counsel in a securities fraud case which involved not only suing the principals of the scheme but also suing the Berwyn National Bank and three commodities brokerage firms -- approximate $8.6 million recovery.
-- Kenny v. Reliable Corporation, 84 L 51465 (Cir. Ct. of Cook Cty.) Co-lead counsel in a consumer fraud class action involving charging consumers for insurance on the delivery of office supplies when the supplies were already insured by the shipper -- approximate $500,000 recovery.
-- Barkman v. Wabash, Inc., et al., 85 C 611 (N.D. Ill.). Co-lead counsel in a securities fraud case involving self-dealing during a merger transaction -- approximate $8.5 million recovery.
-- Forester v. Jewel Companies, Inc., 86 C 8498 (Cir. Ct. of Cook Cty.) Counsel in a personal injury class action involving milk tainted with salmonellosis -- approximate $2 million recovery.
-- Gaskill v. Financial Concepts, 88 C 3404 (N.D. Ill.). Counsel in a securities fraud class action involving a Ponzi scheme -- approximate $43 million recovery.
-- Hess v. I.R.E. Real Estate Income Fund, 88 CH 4670 (Cir. Ct. of Cook Cty.) Lead counsel in a securities fraud case -- approximate $8.9 million recovery (class members received 150% return on funds invested).
-- Hess v. I.R.E. Real Estate Income Fund, 629 N.E.2d 520 (Ill. App. 1993, established that class actions may be brought under the Illinois Securities Law and that class action tolling applies to statutory causes of action.
-- Spicer v. Chicago Board Options Exchange, 89 C. 2139 (N.D. Ill.) Co-lead counsel in commodities and securities fraud class action against a financial exchange involving the 1987 stock market crash -- approximate $10 million recovery.
-- Cagan v. West Suburban Bank of Lombard, 90 C 5582 (N.D. Ill.). Lead counsel in securities fraud and RICO class action against a bank for aiding and abetting a Ponzi scheme -- approximate $650,000 recovery.
-- Naunheimer v. World Cup USA 1994, Inc., 94 CH 5151 (Cir. Ct. of Cook Cty.) Co-lead counsel in a consumer fraud case arising from the sale of World Cup soccer tickets -- approximate $2 million recovery.
-- Stern v. Ryan, et al., 03 C 9079 (N.D. Ill.). Shareholder derivative action against Aon Corporation’s directors and officers for misrepresentations made to shareholders.
-- Gillard v. Mastercard International, Inc., 03 CH 6659 (Cir. Ct. Cook Cty.) – Class action filed on behalf of cardholders against credit card holding company for alleged fraudulent conduct and unfair business practices involving a ‘Foreign Currency Conversion Fee' charged to cardholders.
-- Robertson v. Kryptonite Corporation, 04 CH 15408 (Cir. Ct. Cook Cty.) Class action filed on behalf of consumers against manufacturer for alleged misrepresentations and deceptive business practices involving its U-Lock bike locking system.
Pending Representative Actions
-- Schafer v. Bausch & Lomb, Inc., 06 CH 7559 (Cir. Ct. Cook Cty.) – Class action filed against manufacturer of ReNu w/MoistureLoc contact lens solution. ReNu w/MoistureLoc is alleged to have caused fungal eye infections, corneal scarring and blindness.
-- In re Universal Service Fund Telephone Billing Practice Litigation, MDL No. 1468 Class action filed against cellular phone service provider based on its alleged misrepresentations involving improper charges made to its customers. Lawrence W. Schad was appointed to the executive litigation committee in this action.
-- Hoffman Ventures v. Essex, LLC, et al., 02 CH 20211 (Cir. Ct. Cook Cty.) – Class action filed on behalf of investors against financial services entities for alleged fraudulent conduct involving a Ponzi scheme which resulted in substantial losses to investors.
-- In re Mutual Funds Investment Litigation, MDL No. 1586 – Class actions filed against mutual fund managers based on their violations of securities laws relating to unlawful market timing and other improper fund trading activities.
-- In re Wireless Telephone Federal Cost Recovery Fees Litigation, MDL no. 1559 – Class actions filed against cellular phone service providers based on their alleged misrepresentations to customers about a “Federal Cost Recovery Fee”.
-- Slodki v. American Resorts International, Ltd., 02 CH 1787 (Cir. Ct. Cook Cty.) -- Class action based on alleged fraud in connection with defendants' timeshare program.
-- McFarland v. Unicare Life & Health Insurance Company, 01 CH 10549 (Cir. Ct. Cook Cty.) – Class action filed on behalf of policyholders against insurance company for its failure to provide required services to policyholders in violation of Illinois consumer fraud laws.
-- Alport v. Peoples Energy Corporation, 04 CH 001931 (Cir. Ct. Cook Cty.) – Class action filed against energy services providers based on alleged unfair business practices and misrepresentations made to their customers relating to customers’ gas storage and artificially inflated gas prices.
-- Qui Tam /False Claims Cases -- Schad, Diamond & Shedden, P.C. has brought more than sixty Whistleblower cases against businesses that have knowingly refused to pay millions of dollars in sales taxes to state governments.
