Gogel & Gogel
Recent Cases and Settlements
REPRESENTATIVE CONSUMER PROTECTION CASE LIST

1. Collecting Credit Card Debts Discharged in Bankruptcy

LaMontagne v. Hurley State Bank, et al., C.A. No. 97-30093-MAP (W.D. Mass. 1999) Litigation filed in U.S. District Court in Springfield, MA, resulted in a national settlement.

In Re General Electric Capital Corp. Bankruptcy Debtor Reaffirmation Agreements Litigation, MDL NO. 1192 (N.D. Ill 1998)(co-class counsel in Multi-District Litigation)

Lafromboise v. Greenwood Trust Company and Novus Services, Inc., C.A. No. 97-30091-MAP (W.D. Mass. 1998) Litigation filed in U.S. District Court in Springfield, MA resulted in a national settlement.

Hurst v. Federated Department Stores, Inc., (D. Mass. 1998)(co-class counsel with one other firm)

2. Mailing Unsolicited Credit Cards to Consumers

Kopach v. First USA Bank, C.A. No. 98 C 8238 (N.D. Ill. 1999)(settlement was for the statutory cap; co-counsel with one other firm)

3. Packing Credit Card Charges

In Re: Providian Financial Corp. Credit Card Terms Litigation, MDL Docket No. 1301; Phillips v. Providian Bancorp Services, et al (D. Mass. 1999) -- Providian packed credit card statements with various fictitious and unauthorized charges resulting in a nationwide probe of the company. Phillips was the lead case in Massachusetts, which was consolidated into Multi-District Litigation in the Eastern District of Pennsylvania. Assigned to the discovery team.

4. Prescription Drug Overpayments

Morse v. PCS, Inc. and Banker?s Life Insurance Company, C.A. No. 99 C 0193 (N.D. Ill. 1999) -- New Bedford, MA senior initiated a national Federal Court RICO class action against an insurance company and prescription benefit management company for charging illegal health insurance co-payments due to the wrongful designation of the generic breast cancer drug tamoxifen as a brand-name drug. The case was certified as a national RICO class action and settled under confidential terms.

5. Overtime Wage Violations

Smoot v. Ames Department Store, C.A. No. 3:98 CV 2441 (RNC) (D. Conn. 1998) -- Federal court class action alleging that Ames failed to properly pay certain of its employees it deemed exempt from overtime wages. The case is certified as a class action. Prior to a resolution of the case, Ames filed a Chapter 11 Bankruptcy petition. After litigation in bankruptcy court an allowed claim was approved by the Court.

6. Health Care:

Valle v. Clean Harbors -- ERISA case filed in the U.S. District Court after a Health Insurance Company refused payment for a jaw reconstruction to correct a clef palate. The litigation resulted in full payment of the minor child's medical expenses.

Contributions to Consumer Organizations

As part of the settlement terms in bankruptcy and credit card cases, after demand, the defendants have made contributions to consumer organizations.

Lafromboise v. Greenwood Trust Company and Novus Services, Inc.
$243,539 to the National Foundation for Credit Counseling

LaMontagne v. Hurley State Bank, et al
$35,000 to the National Foundation for Credit Counseling

Kopach v. First USA Bank
$100,000 to the Jump$tart Coalition for Personal Financial Literacy
$100,00 to the National Consumers League

Find a Lawyer
Advertising. In accordance with rules established by the Supreme Judicial Court of Massachusetts. This web site must be labeled "advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice, or legal opinion on any specific facts or circumstances.This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.