Joe Whatley Selected to Present on Class Action Issues
Whatley Drake & Kallas partner Joe Whatley has joined a panel of leading litigators and class action experts to present on the topic of limitations and restrictions on class action lawsuits. The panel is sponsored by the American Constitution Society for Law and Policy and is part of a half-day symposium on access to justice in the federal courts that will occur on January 21, 2010 at the New York University School of Law. The symposium is free and open to the public but space is limited, so pre-registration at the American Constitution Society website is recommended. Joe Whatley’s participation on the panel represents the Whatley Drake and Kallas commitment to stay on the leading edge of issues related to class action litigation and to fight for public access to our system of justice.

WHATLEY DRAKE & KALLAS PREPARED TO REPRESENT DOCTORS AND OTHER PROVIDERS AS HEALTH CARE REFORM BECOMES A REALITY
On Christmas Eve, the Senate passed the healthcare reform bill in the Patient Protection and Affordable Care Act. On Christmas Eve, the Senate passed the healthcare reform bill in the Patient Protection and Affordable Care Act. The bill will now go to conference to resolve the differences between the bill passed by the Senate and the bill passed by the House. Whatley Drake & Kallas has a long history of representing doctors and other health care providers. The firm has closely monitored the developing health care reform, and will be prepared to represent doctors and other health care providers with legal issues that arise under the new law.

Whatley Drake & Kallas Appointed Co-Lead Counsel in Colonial ERISA Litigation
The law firm of Whatley, Drake & Kallas, LLC (WDK) today announced that it was appointed co-lead counsel for Colonial Bank employees in the ongoing ERISA fiduciary litigation concerning Colonial Bank. The lawsuit alleges that Colonial Bank employees lost their retirement savings when the fiduciaries of their 401(k) Plan maintained investments in Colonial BancGroup stock. The stock has been rendered worthless by the bankruptcy of Colonial BancGroup.

BPA Motion to Dismiss Ruling
Whatley Drake & Kallas, LLC announces that a federal district court has held that manufacturers of baby bottles, “sippy” cups, and other similar products may not escape liability to consumers who purchased their products that contained Bisphenol-A (“BPA”), merely because the Food and Drug Administration (“FDA”) had approved of the use of BPA in these products.

Joe Whatley Admitted to American College of Trial Lawyers
Joe Whatley has been inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America. Fellowship in the College is extended by invitation to experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.

WDK Announces Landmark Settlement in Mattel Toy Lead Paint Litigation
Co-lead counsel Whatley Drake & Kallas has reached a landmark settlement in a multi-district litigation concerning the largest recall of children’s toys in recent history by Mattel and its subsidiary Fisher-Price, In re Mattel, Toy Lead Paint Products Liability Litigation, MDL 1897 (C.D. Cal.). In 2006 and 2007, Mattel recalled over 14 million toys in the U.S. alone, due to excessive lead, lead paint, and hazardous magnets. The settlement provides tens of millions of dollars in monetary relief as well as significant injunctive relief.

Whatley Drake & Kallas Attorneys Selected as 2009 New York Super Lawyers
The firm is pleased to announce that Edith Kallas and Deborah Clark-Weintraub were selected for inclusion in New York Super Lawyers — Metro Edition ® 2009. Only 5 percent of New York Metro area attorneys are selected for inclusion on the Super Lawyers list. Attorneys are chosen by their peers through a polling, research and selection process conducted by Law & Politics magazine. Super Lawyers evaluates several factors of professional achievement including verdicts, settlements, representative clients, experience, honors, awards, bar and professional activity, pro bono and community service.

Whatley Drake & Kallas Sponsors Race For The Cure
For the third year running, Whatley Drake and Kallas will be sponsoring the Race for the Cure in the Birmingham area. Not only is WDK serving as a sponsor, but WDK will also be sponsoring a race team as well. The 18th Annual Race for the Cure at Linn Park in downtown Birmingham, Alabama takes place on Saturday, October 10, 2009. Few Alabama traditions touch the hearts of so many like the Komen North Central Alabama Race for the Cure. Every year thousands of people come out to give moms, dads, aunts, uncles, sisters, brothers, daughters, sons and friends the gift of life, support and hope.

Whatley Drake & Kallas Appointed Co-Lead Counsel in Cox Cable Antitrust Litigation
On August 14, 2009, Judge Robin J. Cauthron of the Western District of Oklahoma appointed WDK as Co-Lead Counsel in the multidistrict litigation pending against Cox Enterprises, Inc. The suit alleges that Cox Enterprises, Inc. engaged in anti-competitive practices involving illegally tying cable service to the rental of a set-top cable box.

Court Sustains RICO and Other Claims Against Countrywide Financial Corp.
A federal district court has denied Countrywide Financial Corp.’s motion to dismiss a consolidated class action complaint against the lender. Judge Dana M. Sabraw, who is overseeing the multidistrict litigation against Countrywide entitled In Re Countrywide Financial Corp Mortgage Marketing and Sales Practices Litigation, sustained all claims for the majority of plaintiffs. The plaintiffs in the consolidated actions Levas v. Bank of America Corp., Jackson v. Countrywide Financial Corp. and White v. Countrywide Financial Corp. accuse Countrywide of steering borrowers into risky and inappropriate subprime mortgages irrespective of their suitability to borrowers in order to maximize profits. Whatley Drake & Kallas, LLC is co-lead interim class counsel in the multidistrict litigation.

Whatley Drake & Kallas Announces the Filing of Class Actions against WellPoint On Behalf Of Medical Associations and Physicians
Continuing its commitment to physicians and the organized medicine community, Whatley Drake & Kallas filed a class action lawsuit in the Central District of California on behalf of medical associations and physicians against WellPoint, Inc., alleging that the company used flawed data and other improper pricing methods to dramatically under-reimburse physicians for out-of-network services provided to plan enrollees. The action is brought on behalf of classes of physicians, as well as the American Medical Association (AMA) and several state medical associations. The lawsuit, filed in California federal court, contends that the health insurance company used a flawed system to systematically underpay physicians for out-of-network medical services.

Whatley Drake & Kallas Attorneys Recognized as Best Lawyers in Birmingham
The April 2009 issue of Birmingham Magazine includes a listing of the "Best Lawyers" in Birmingham based on the magazine's research into which lawyers are most highly regarded by the legal community. Whatley Drake & Kallas was well represented on the list, with six lawyers receiving honors. Jack Drake and Joe Whatley were recognized in the area of personal injury; Tom Butler was recognized in Business Litigation; Glen Connor was recognized in ERISA cases; Richard Rouco was recognized in White Collar Defense and Antitrust; and Ashley Cranford was recognized as a rising star. These awards are evidence of Whatley Drake & Kallas' reputation in the legal community for outstanding legal work. A digital version of the list may be found online.

Whatley Drake & Kallas Investigating the Offshore Banking Practices of Global Giant, UBS
A July 2008 United States Senate Report concluded that UBS employed its offshore banking practices to structure Swiss accounts held by U.S. clients to avoid U.S. tax reporting requirements. Very recently, UBS entered into a deferred prosecution agreement with the U.S. government, under which UBS agreed to pay a $780 million fine and to disclose the identities of these U.S. clients. The government is reportedly seeking the identity of 52,000 U.S. clients and it is believed that certain of these individuals will face criminal prosecution, as well as IRS proceedings to recover back-taxes, interest, and substantial penalties. Continuing its tradition as a leading advocate for taxpayers that have fallen victim to fraudulent tax shelters, Whatley Drake & Kallas is investigating whether these individuals may have claims against UBS and others for tax advice, services, and representations in connection with these offshore accounts. For more information, please visit www.taxshelterlitigators.com.

Whatley Drake & Kallas Announces the Filing of Class Actions against Aetna and CIGNA On Behalf Of Medical Associations and Physicians
Continuing its commitment to physicians and the organized medicine community, Whatley Drake & Kallas filed class action lawsuits in the District of New Jersey on behalf of medical associations and physicians against Aetna Health, Inc. and CIGNA Corporation, alleging that the companies used flawed data and other improper pricing methods to dramatically under-reimburse physicians for out-of-network services provided to plan enrollees. The actions are brought on behalf of classes of physicians, as well as the American Medical Association (AMA) and several state medical associations. The two lawsuits, filed on Monday in New Jersey federal court, contend that the two health insurance companies used a flawed system to systematically underpay physicians for out-of-network medical services.

Second Circuit Strikes Down Class Action Waiver in an Arbitration Clause
In a pivotal ruling by the Second Circuit in In Re American Express Merchants’ Litigation, the court refused to enforce a mandatory class action waiver provision contained in the arbitration clause in card acceptance agreements between American Express and merchants. The court relied in part upon an amicus brief submitted by Trial Lawyers for Public Justice on behalf of the plaintiffs, which was co-authored by Edith Kallas and Ilze Thielmann of Whatley Drake & Kallas, along with other counsel.

Judge Rules Lead Toy Litigation Claims May Proceed
November 24, 2008, the federal district court for the Central District of California ruled that plaintiffs who purchased children’s toys containing lead or lead paint may proceed with their claims against Mattel, Fisher-Price, Wal-Mart, Target, Toys “R” Us, Kmart and KB Toys.

Whatley Drake & Kallas Appointed Co-Lead Counsel for Bisphenol-A MDL
On November 25, 2008, Whatley Drake & Kallas was appointed Co-Lead counsel in the Bisphenol-A (BPA) multidistrict litigation pending in the Western District of Missouri.

Whatley Drake & Kallas Appointed Co-Lead Counsel in Wells Fargo Mutual Fund Litigation
Kreek, et al v. Wells Fargo & Co., et al
On November 12, 2008, Judge William Alsup of the Northern District of California appointed WDK Co-Lead Counsel in a class action suit against Wells Fargo & Co. in which defendants are alleged to have entered into undisclosed revenue-sharing agreements with brokerages and selling agents which were financed by charging investors excessive and improper fees. The suit was brought on behalf of purchasers of Wells Fargo Mutual Funds between November 4, 2000 and April 11, 2006, against Wells Fargo & Company, Wells Fargo Fund Management, LLC, and Wells Fargo Funds Trust, and alleges that defendants’ failure to disclose the illegal revenue sharing arrangements violated the federal securities laws.

WDK ACHIEVES IMPORTANT CAFA VICTORY FOR PLAINTIFFS
On January 20, 2009, the United States Court of Appeals issued the mandate, allowing the citizens of South Carolina who are battling abuses of Pay Day Lending Companies to reduce to the state courts to litigate their claims. After learning of the victory, Whatley stated: “The Class Action Fairness Act was never intended to move all class litigation to federal court. This is an important victory for plaintiffs who seek to benefit from our system of federalism and present their cases to state courts.”

Whatley Drake & Kallas Attorneys Recognized As Securities Super Lawyers 2008
The list appears in the 2008 issue of New York Super Lawyers — Metro Edition ®. Only 5 percent of the total attorneys in the New York Metro area are selected for inclusion on the Super Lawyers list. Attorneys are chosen by their peers through a polling, research and selection process conducted by Law & Politics magazine.

Whatley Drake & Kallas Appointed Co-Lead Counsel in Countrywide Mortgage and Sales Practices Litigation

Texas Homeowners Injured by Houston Oil Refinery Explosion File Lawsuit Against Valero Energy Corporation

Whatley, Drake & Kallas Is Investigating Potential Claims Including Leukemia and Other Injuries Related to Refinery’s Long History of Benzene Discharge        Whatley, Drake & Kallas, LLC (WDK) has filed a lawsuit in Harris County Texas District Court on behalf of residents who were injured by toxic chemicals released in an early morning explosion on August 4, 2008 at a Houston oil refinery operated by San-Antonio-based Valero Energy Corporation. Homeowners living in the refinery’s surrounding Manchester neighborhood suffered symptoms including difficulty breathing and burning eyes when sulphur fumes and other chemicals were released into the air after the explosion. The residents claim that the oil refinery is a private nuisance that has caused personal injuries and diminished property value.

Fifth Circuit Holds Plaintiffs Are Not Required to Prove Adverse Effect on Competition to Prevail in a Packers and Stockyards Act Suit
Wheeler et al. v. Pilgrim's Pride Corp.
The United States Court of Appeals for the 5th Circuit issued an important opinion expanding the rights for poultry and livestock producers. Chicken farmers for Pilgrim’s Pride Corp. filed a suit alleging that the company’s founder operated his chicken farm under a more lucrative arrangement than the company extended to its other farmers.

Whatley Drake & Kallas Appointed Co-Lead Counsel in Anemia Drug Class Action
WDK has been appointed Co-Lead Counsel for the plaintiff class of health and welfare funds in consolidated multi-district litigation against anemia drug manufacturer Amgen, Inc., the world’s largest biotechnology company.

Whatley Drake & Kallas Appointed Interim Class Counsel in Prepaid Funeral Benefits Class Action
WDK has been appointed Interim Class Counsel in a class action lawsuit filed on behalf of hundreds of funeral homes located across the country against a major seller of pre-need, prepaid funeral benefit contracts and several other affiliated companies and individuals.

Whatley Drake & Kallas Attorneys Recognized in Alabama Super Lawyers 2008

Whatley Drake & Kallas Appointed Co-Lead Counsel of Mattel Lead Toy Litigation

Whatley, Drake & Kallas Named to National Law Journal's Prestigious 'Plantiffs' Hot List'