Whatley Drake & Kallas
Whatley Drake & Kallas

Whatley Drake & Kallas LLC has the expertise, knowledge, skill and resources to develop and litigate a complex case through to verdict. The firm has earned a national reputation for being bold and fearless in taking on large corporations, established institutions, and the financially powerful whose actions have resulted in injuries to others. While the firm is proud of its many outstanding clients, it also welcomes the opportunity to serve as co-counsel with and to accept referrals from other lawyers.


Whatley Drake & Kallas Announces Settlement with Vita Coco
The United States District Court for the Southern District of New York has granted preliminary approval of a settlement resolving legal claims brought on behalf of consumers against All Market Inc. d/b/a Vita Coco concerning its Vita Coco products. To view a copy of the press release, please click [here]
Whatley Drake & Kallas Announces Settlement with CytoSport
The Los Angeles Superior Court has granted preliminary approval of a settlement resolving Proposition 65 and related legal claims brought on behalf of consumers against CytoSport concerning MuscleMilk®, MonsterMilk® and other products. To view a copy of the press release, please click [here]
Patrick Sheehan to Speak on Class Actions
On May 17-18, 2012, CLE International will be hosting its 8th Annual Conference on Class Actions at the Hyatt Regency Century Plaza in Los Angeles. For the second consecutive year, Patrick Sheehan of Whatley Drake & Kallas will be speaking on pre-certification strategies and tactics.

For more information on this conference, please visit the conference website: http://www.cle.com/ClassActions
WHATLEY, DRAKE & KALLAS NAMED TO NATIONAL LAW JOURNAL'S PRESTIGIOUS "PLAINTIFFS' HOT LIST" AND FEATURED IN AN ARTICLE HIGHLIGHTING ITS HEALTHCARE PRACTICE
BIRMINGHAM, ALA and NEW YORK, NY -Whatley, Drake & Kallas, LLC is pleased to announce that it was recently honored by being included in the National Law Journal's 2011 "Plaintiffs' Hot List" and featured in an article highlighting the firm’s healthcare practice.
The "Plaintiffs' Hot List" is a yearly compilation of firms from across the country that have performed “exemplary, cutting-edge work on the plaintiffs’ side” and “have scored at least one significant plaintiffs’ win within the past year and possess an impressive track record of wins within the past three-five years.” Whatley Drake & Kallas was one of twenty firms selected for the list. It was also specifically recognized in a feature article entitled “In Insurance Fights, a Healthy Return for Firm – With Wellpoint Case, Whatley Drake & Kallas Adds to Reputation as Tough Foe in Health Care Battles.” The article highlighted the recent settlement, on behalf of a class of approximately 120,000 California consumers, of litigation against Wellpoint (Anthem Blue Cross), as well as the firm’s prior accomplishments in healthcare litigation. The recent settlement involved critical issues of protecting patients’ ability to access individual health insurance coverage, despite pre-existing conditions, rising health care costs and the interplay with the federal Patient Protection and Affordable Care Act.
DEATH SPIRAL SETTLEMENT APPROVED
COURT APPROVES SETTLEMENT IN THE ANTHEM BLUE CROSS DEATH SPIRAL LITIGATION – A California Court granted final approval on August 26, 2011 of a settlement between a Class of all current California residents who were enrolled in the PPO Share 500, PPO Share 1000, PPO Share 1500, and PPO Share 2500 individual Anthem Blue Cross Health Plans and were sent notices of closure in or about September 2009, and who continue to maintain their health insurance coverage through Anthem Blue Cross whether in a Closed Block Plan or in another individual health plan offered by Anthem Blue Cross as of the date of the Settlement Agreement. In the litigation, Plaintiffs alleged that Anthem Blue Cross violated the California “Death Spiral” statute by failing to provide current enrollees with the required notices and options when it announced the closure of its PPO Share 500, PPO Share 1000, PPO Share 1500, and PPO Share 2500 plans. Plaintiffs filed the Action to stop the alleged practices of consumers being trapped in these closed plans and subjected to what is known as a “death spiral,” where the premiums in the plans increase dramatically because no new enrollees are being added and many younger and healthier consumers move to open plans. Under the Settlement, Class Members have the option of remaining in their closed health care plans and benefiting from caps on future rate increases, or they may move without medical underwriting to another open plan regulated by the California Department of Managed Health Care or specific plan regulated by the California Department of Insurance (identified on Ex. E to the Settlement Agreement. By allowing Settlement Class Members to switch plans without any medical underwriting, providing clear and conspicuous notice of their options and providing caps on rate increases minus an additional 2%, the potential for being trapped in a “death spiral” is alleviated until 2014, after which currently under the federal Patient Protection and Affordable Care Act “PPACA” any consumer may switch to any new plan without medical underwriting. For more information about this Settlement, please visit www.fellerbluecrosssettlement .com
Whatley to Speak on Doctors' Unions at ASMAC Meeting
Joe Whatley is speaking on collective bargaining by doctors at the annual meeting of the American Society of Medical Association Counsel at the annual meeting in Ashville, North Carolina on September 25, 2011. Whatley Drake & Kallas represents medical societies and doctors throughout the country. The firm also has a history of representing unions. With the growing concentration of health insurance companies, it is more important than ever that doctors be allowed to deal fairly with insurance companies that set the reimbursement rates for health care providers.
WDK Appointed Lead Counsel in Lead Contaminated Fruit Juice Litigation
The law firm of Whatley, Drake & Kallas, LLC (WDK) today announced that it was appointed lead counsel for consumers in the ongoing consumer protection litigation concerning lead contaminated juice and other fruit-based products. The lawsuit alleges that the defendants represent to consumers that certain of their fruit juice and other fruit-based products are safe and healthy for consumers, specifically children, but fail to disclose that, in fact, they contain lead, which has long been associated with a variety of health risks and is particularly harmful to children, who are more susceptible to chemical toxicity than adults.
Whatley Drake & Kallas and Consumer Watchdog Announce Settlement in Anthem Blue Cross "Death Spiral" Litigation
Anthem Blue Cross Consumers in "Death Spiral" Will Have Options to Change Coverage, Benefit from Rate Caps Under Class Action Settlement

Santa Monica, CA. A California Superior Court judge has preliminarily approved the settlement of a class action lawsuit alleging that Anthem Blue Cross, the California subsidiary of the nation's largest health insurer, WellPoint Inc., used enormous rate hikes to force patients into lower-benefit and higher-deductible health coverage in violation of state law.

The lawsuit, filed on March 1, 2010, by the nonprofit organization Consumer Watchdog, and the law firms of Whatley, Drake & Kallas, the Consumer Law Group, and the Stuart Law Firm, sought to stop Blue Cross from shoving its policyholders into what is known as a "Death Spiral"–the industry term for what happens when a health insurer "closes" certain health coverage policies to new customers, and later raises rates to those remaining in the closed policy until those enrollees can no longer afford coverage. Since older patients or those with preexisting conditions often cannot switch to a comparable or better policy under existing law, they are trapped in the closed policy and subject to bigger and bigger premium increases until they are forced to accept greatly inferior coverage or drop coverage altogether.

Under the settlement, class members will be allowed to move to any new coverage they want or have their rates capped if they chose to stay in their existing policies. Consumer Watchdog praised Blue Cross for giving patients the rights they were due under the law.


 
Patrick Sheehan to Speak on Class Actions
On May 12-13, 2011, CLE International will be hosting its 7th Annual Conference on Class Actions at the Fairmont Hotel in San Francisco. On Thursday, May 12, 2011, Patrick Sheehan of Whatley Drake & Kallas will present “Precertification Strategies and Tactics: Forum/Removal Considerations, Early Dispositive Motions and Discovery.” For more information on this conference, please visit the conference website:

http://www.cle.com/product.php?proid=1269&src=Featured&page=Class_Actions.


AAJ Disaster Relief Efforts
AAJ has annouced free legal assistance for our fellow Alabamians in the aftermath of Wednesday's tragic storms. If you need insurance claims or other assistance, or more information, please go to http://www.alabamajustice.org/AL/index.cfm?event=showPage&pg=PressReleases
Joe Whatley on Dan Rather Reports
On Tuesday March 8, 2011, WDK partner Joe Whatley will be interviewed on Dan Rather Reports: Betty vs. Goliath. The interview will focus on Betty Dukes vs Wal-Mart, the largest class action case ever, which is now before the Supreme Court. The case involves gender discrimination and the nation's largest employer. The show will air at 8:00PM EST, 7:00PM CST
Risk of Healthcare Fraud Charges Increases
Healthcare fraud has become an important area of concern for all health care providers. This week Justice Department indicted 114 people with charges of healthcare fraud. On Sunday the Birmingham News also reported on the recent increase in health care fraud penalties in Alabama. In our experience, we have found that almost all healthcare professionals are honest and hard-working. We are investigating instances of false charges of health care fraud, and we are available to assist those who are falsely accused.
Joe Whatley Participates in Panel on Judicial Activism in Federal Courts

On February 8, 2011, Joe Whatley participated in a Panel sponsored by the American Constitutional Society at the NYU Law School on the topic of “Federal Courts, Inc.: Is a new brand of judicial activism gripping the Supreme Court and our other federal courts?” Nathan Koppel of the Wall Street Journal referred to the panel as “a veritable who’s who of high-wattage thinkers”. The lawyers at Whatley Drake & Kallas regularly participate in programs designed to improve access of citizens to the courts.

WDK IS REVIEWING ABUSES FROM RAC AUDITS
Especially after healthcare reform, healthcare providers are finding themselves subject to abusive audits. Whatley Drake & Kallas is working with a team of health care experts to investigate and combat these abuses. If you are subject to such an audit or wish to discuss an abusive audit, call Edith Kallas at 212.447.7019.
WDK SUCCESSFULLY HANDLES COMMERCIAL CONTINGENT FEE LITIGATION FOR SMALL BUSINESSES
Whatley Drake & Kallas has developed expertise in representing small businesses in contingent fee litigation. We have found that small businesses often have valuable claims that they cannot afford to bring if they must pay lawyers by the hour. We have successfully handled matters like these for small businesses. If you believe you have a claim like this, call Joe Whatley at 212.447.7011 or 205.488.1226 to answer your questions. He can give examples of successful claims WDK has handled for small businesses on a contingent basis.
WDK IS ACTIVE IN DEVELOPING ACOS FOR DOCTORS AND MEDICAL ASSOCIATIONS
Whatley Drake & Kallas is working closely with doctors and state medical associations to develop Accountable Care Organizations (ACOs), which will be one of the most important developments under the Health Care Reform Law. ACOs provide doctors with opportunities to control health care delivery to serve their patients.
Joe Whatley Speaks on Recent Developments in Insurance Antitrust
Joe Whatley recently spoke as a featured panelist for the American Bar Association Section of Antitrust Law. The panel featured experienced insurance-antitrust lawyers from both sides of the Insurance Brokerage case. Members of the antitrust section will be able to download an MP3 audio recording of the panel discussion through the ABA website.
Blue Shield of California Sued for Faulty Physician Ratings
The California Medical Association, which represents nearly 35,000 doctors statewide, has retained Whatley Drake & Kallas to pursue claims against Blue Shield of California. The suit alleges that the health insurer’s physician rating system is inaccurate and misleads consumers because it relies on inaccurate data and is designed to steer patients toward cheaper physicians. See the story in the Los Angeles Times for more information.
FDA Requires NSF Warnings for Gadolinium
The FDA has approved a requirement for new warning labels on gadolinium-based contrast agents, which are used in magnetic resonance imaging. The warnings make patients and doctors aware of the risk of a rare and potentially fatal condition known as nephrogenic systemic fibrosis (NSF). NSF can cause damage to the skin, eyes, joints and internal organs. For more information read the FDA News Release.
Dangerous Drug Health Alerts
Whatley Drake & Kallas is investigating potential cases involving prescription drugs with dangerous side effects.  These include diabetes treatment drugs Avandia and Actos, weight loss drug Meridia, and acne treatment drug Accutane.  If you or someone you know has used these drugs, please follow the links above for more information.
Jack Drake Featured on The Pillars

Birmingham web magazine The Pillars recently featured a story about Whatley Drake & Kallas partner Jack Drake's ties to Birmingham, his career as a lawyer and community activist, and his passion for justice and the arts. Read the full article to learn more about everything from Jack's involvement in the civil rights movement to his impressive collection of modern art.

Monroe Journal Features Joe Whatley
The Monroe Journal recently featured a story about Whatley Drake & Kallas partner Joe Whatley's journey from growing up in Monroeville to leading a successful plaintiff's practice that regularly prevails over large and well funded corporations at trial. The article details Joe's experiences growing up in Monroeville and the lessons that small-town life taught him about the practice of law. The full text of the article can be found here.
Patrick Sheehan to Speak on Class Action Pre-certification Tactics
The early stages of a class action lawsuit are critical because tactical decisions made then set the stage for the remainder of the litigation. On Tuesday, May 18, 2010 at 1 p.m. Eastern, Strafford Publications will be hosting a webinar on Class Action Pre-certification Tactics to address issues that arise prior to class certification. Patrick Sheehan of Whatley Drake & Kallas will present the plaintiffs’ perspective on pre-certification pleading, discovery and settlement issues. Those interested in attending the webinar may visit the Strafford Publications website for more information.
Whatley Drake & Kallas Investigation into Gulf Coast Oil Spill
Whatley Drake & Kallas is preparing to file cases on behalf of those who have been damaged by the massive oil spill in the Gulf of Mexico. It is estimated that over 200,000 gallons of oil per day are spilling out into the waters of the Gulf of Mexico. This spill has led to significant damage to the vulnerable fisheries and delta eco-systems along the coast and caused millions of dollars in losses for companies involved in the fishing and seafood industries, companies involved in the tourism and hospitality industries, property owners, and even local governments. These losses have been caused by the negligence of BP and others in failing to properly maintain the oil well, failure to quickly repair the damaged equipment, and failure to put in place adequate systems to contain and repair damage caused by a potential oil leak.
Edith Kallas to Speak at Connecticut Conference on Women in Medicine
On Wednesday, May 5th, the Connecticut State Medical Society will hold its 2nd annual Professional Development Conference for Women in Medicine. Edith Kallas of Whatley Drake & Kallas will participate in the event by leading a discussion on the topic of negotiating skills for career advancement.
WHATLEY DRAKE & KALLAS PREPARED TO REPRESENT DOCTORS AND OTHER PROVIDERS AS HEALTH CARE REFORM BECOMES A REALITY
Last night the U.S. House of Representatives gave final approval to the healthcare reform bill that passed in the Senate on Christmas Eve. The bill represents a far-reaching overhaul of the nation's health care system.  There will likely be additional changes to the bill as part of the reconciliation process.  We will attempt to keep our clients informed regarding continuing developments in this area and the impacts we foresee for everyone involved in our healthcare system. As part of our on-going effort to keep our clients informed on this historic development, we have posted on our website an analysis of the bill done by the Kaiser Family Foundation and the Special Alert from the American Medical Association explaining why the AMA supports healthcare reform.
Jack Drake's Art Collection Featured in B-Metro Magazine
Jack Drake's art collection is featured in this month's edition of B-Metro Magazine. Describing his taste in art, Jack says, "I like work that is refreshingly different, has something to say and is well made from a craft standpoint. I like artists who have a clear idea of what they want to say throughout their work and who take risks." To see photographs of art from Jack's collection and the collections of other local art lovers, please see the original article.
Whatley Drake & Kallas Announces "Death Spiral" Lawsuit Targeting Anthem Blue Cross
Anthem Blue Cross, the California subsidiary of the nation’s largest health insurer, WellPoint Inc., has used enormous rate hikes to force patients into lower-benefit and higher-deductible health coverage in violation of state law, according to a class action lawsuit filed today by Blue Cross policyholders and consumer advocates. The suit was filed by the nonprofit and nonpartisan consumer advocacy group Consumer Watchdog; the law firm of Whatley, Drake & Kallas, LLC; Alan Mansfield of the Consumer Law Group, and Tony Stuart of the Stuart Law firm.
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 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.
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.
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
White v. Countrywide Financial Corp et al 
Yesterday, Judge Sabraw of the Southern District of California appointed Whatley Drake & Kallas to serve as co-lead counsel representing the plaintiffs in the MDL proceeding related to Countrywide's Mortgage lending practices. Joe Whatley stated, "We are honored by the appointment, and we intend to do everything we can to represent the victims of scheme cooked up by those in control of Countrywide and the Wall Street bankers that they worked with." The cases are brought on behalf of the millions of people who have subprime mortgage loans through Countrywide. Many of the class members have had their homes foreclosed on, and many others face likely foreclosure.
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
The list appears in the May, 2008 issue of Business Alabama and Alabama Super Lawyers magazines. Only 5 percent of the total attorneys in Alabama 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 Named to National Law Journal's Prestigious 'Plantiffs' Hot List'
The "Plaintiffs' Hot List" is a yearly compilation of "exemplary" firms from across the country that "devote at least half of their resources to plaintiffs' work, and which have achieved at least one significant win during that period." Whatley Drake was one of thirteen firms selected for the list.