• SRK was nominated for the prestigious Global Pensions Award 2008 as Class Action Law Firm of the Year. Nominations are made by pension funds around the world.
• Partner Robert Roseman recently spoke on a panel discussing Pan European-U.S. shareholder rights and activism at the European Pensions Show in London, widely regarded as the premier institutional investor conference in the United Kingdom.
• SRK has filed consumer fraud class actions against General Motors, Mercedes Benz and other companies on behalf of people who are about to lose their OnStar or Tele Aid service. Many people with 2001 through 2005 model year vehicles will soon lose service, or be forced to pay for costly upgrades to their vehicles, due to a pending change from analog to digital phone service nationwide. Car manufacturers and telematics providers such as OnStar have known about the pending change since 2001, but did nothing to warn consumers. Instead they continued to sell cars with equipment they knew would become obsolete.
SRK is spearheading litigation in both Michigan (relating to GM and other manufacturers that provide OnStar equipment) and New Jersey (relating to Mercedes Benz and its Tele Aid product) to force the defendants to either provide free upgrades or compensate owners for their loss. For a copy of the GM/OnStar complaint click here. For a copy of the Mercedes/Tele Aid complaint, click here.
• In a similar case, SRK recently sued the security company ADT, alleging that it failed to disclose to home security customers that their security systems would soon become obsolete due to the change from analog to digital technology after February, 2008. SRK brought suit in federal court in Florida seeking to represent a nationwide class of homeowners. The complaint seeks to force ADT to provide upgrades to its alarm systems at no cost, or to reimburse customers who have already paid for upgrades. A trial is currently scheduled to begin on June 23, 2008. A copy of the ADT complaint is available.
• SRK lawyers were part of the trial team that won a major victory against defendant drug companies AstraZeneca and Bristol Myers Squibb relating to their unlawful inflation of the Average Wholesale Price for several drugs. In re Pharmaceutical Industry Average Wholesale Price Litigation. After a three-month bench trial, Judge Patti Saris of the U.S. District Court in Massachusetts found that the two drug companies had violated the Massachusetts Consumer Protection Act by falsely inflating the price of their drugs, and ordered defendants to pay double damages. The trial judgment is now on appeal.
The case, has been going on for several years, and has resulted to date in settlements of more than $230 million.
• In a related drug overcharge case, SRK obtained certification for a nationwide class of consumers and third-party payors against McKesson Corp. The case is based on allegations that McKesson and First Data Bank conspired to inflate the Average Wholesale Price ("AWP") for over 400 brand name prescription drugs. The class covers purchases from August 1, 2001 through March 15, 2005. SRK estimates consumer damages from $200-800 million and third-party payor damages in excess of $5 billion. Copies of the complaint and the class certification order are available. A trial is anticipated in early 2009.
• SRK continues to lead the major antitrust case for direct purchasers alleging a conspiracy in the selling of oriented strand board ("OSB"), a wood-based building material used in most residential construction. In re OSB Antitrust Litigation, Master File No. 06-CV-00826 (E.D. Pa.). The suit alleges that the major OSB manufacturers conspired to fix, raise, maintain and stabilize the prices at which OSB was sold in the United States. Trial is scheduled to begin on June 3, 2008.
To date, settlements totaling $41.9 million have been reached with five of the nine defendants. A settlement of $2 million with Huber received final approval from the Court. The Court has preliminarily approved settlements with Ainsworth and Georgia Pacific for $8.6 and $9 million, respectively. Defendants Tolko and Weyerhauser have recently agreed to settle for $4.325 and $18 million, respectively. A sixth defendant, Potlatch Corporation, has also agreed to settle the case but the details of that settlement are confidential at this time.
• Associate Rachel Kopp recently spoke on a panel entitled, "Say What? Enhancing Communication Across the Generations" as part of the Mid-Year Event sponsored by the Pennsylvania Bar Association Commission on Women in the Profession held in Philadelphia. The panel focused on developing best practices for promoting effective communication among women lawyers from different generations.