We prosecute class actions on behalf of consumers and employees. All too frequently, insurance companies, banks, health clubs, manufacturers, and other companies take advantage of consumers, depriving them of amounts of money that are too small to sue for on an individual basis. In a similar way, many companies regularly violate their employees’ rights to overtime, expense reimbursement, meal and rest breaks, and other workplace protections or benefits. A class action lawsuit is brought by one or more people seeking to represent all others in the same situation so that these violations stop and damages are recovered for the group. Currently under attack by business groups seeking to end these powerful lawsuits, the class action remains a critical tool for protecting the rights of consumers, employees, and anyone else who is one of many people suffering a similar injury may be too small to pursue on an individual basis.
Kerr & Wagstaffe is committed to helping people protect their rights and seek redress for past wrongs. If you have been injured by a company that is doing the same thing to many others, please contact us for a free consultation. All of our class action work is done on a contingency fee basis – we do not charge anything unless we win or reach a settlement.
We are currently working on the following class actions. If you would like further information about any of these cases, have information to provide to us about them, or want to get involved, please click on the contact us link for the case in question.
Doe v. University of the Pacific
With the Victim’s Justice Initiate, Kerr & Wagstaffe LLP represents a female athlete who was sexually assaulted, and then forced to leave UOP because of the university’s inadequate response to the assault. The case is currently pending on appeal.
DeCoster v. Mele, et al.
The firm represented a 17 year-old student who was wrongly held in juvenile detention for nearly two months. The lawsuit against the government led to a settlement and dismissal of the charges against the student, with the District Attorney’s office publicly acknowledging its lack of evidence.
Prudential Servicemembers and Veterans Life Insurance Case
We represent a number of beneficiaries of servicemembers and veterans who are suing The Prudential Insurance Company of America for refusing to pay military life insurance benefits when they are due, and instead using the beneficiaries’ money as its own while paying trivial amounts of interest under a so-called “retained asset account” or “checkbook” scheme. The case is brought as a nationwide class action, which we are pursuing in Massachusetts with several other law firms from around the country. The current complaint alleges that Prudential’s conduct harmed approximately 60,000 people, and that Prudential made over $800 million in “float” by failing to pay the benefits when they were due. Contact us
L.A. Fitness Monthly Membership Class Action
Kerr & Wagstaffe filed a class action on behalf of monthly members of L.A. Fitness who were charged dues after cancelling their monthly memberships. The lawsuit alleges that L.A. Fitness used improper contract forms and unfairly charged dues to monthly members after they had given notice of cancellation. The Los Angeles Superior Court has approved a settlement in the case. The settlement involves former members, who are entitled to choose monetary payments or 45 day club access passes, and current members, whose contracts will be improved to eliminate the challenged practices. Over 1.1 million class members will benefit from the settlement, which was approved on appeal. Details of the settlement can be found at www.gymsettlement.com. For questions, contact us here.
Notable Past Cases
24 Hour Fitness Monthly Member Class Action
We brought a class action against 24 Hour Fitness, challenging the company’s practice of charging monthly members one to two months of additional dues after members tried to cancel their memberships. We alleged that this practice, which is common in the gym industry, violated the Health Studio Services Act and was unfair and unconscionable. The case was aggressively litigated for two years, after which a settlement was reached, providing partial refunds and/or free services to all 1.8 million class members. The settlement, valued at over $70 million, was approved by the San Francisco Superior Court, and class benefits have been paid.
Radford v. HFS North America LLC
We brought a class action against HFS North America on behalf of over 1,000 California delivery truck drivers, who make nightly deliveries to each of the Starbucks Coffee Stores in the state. Our clients alleged that HFS failed to provide meal and rest breaks by forcing drivers to adhere to a delivery schedule that made it impossible to take breaks, and that the company failed to pay them for all of the time they were working. The defendant, represented by a large national firm, vigorously disputed the claims and aggressively litigated the case for more than a year and a half. We were able to use the company’s own information, including sophisticated GPS data, to build a model demonstrating the company’s liability, which led to a $3 million settlement for the class members.