 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. 
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 Appointed Co-Lead Counsel of Mattel Lead Toy Litigation
Judge Fischer of the United States District Court for the Central District of California yesterday recognized the firm’s expertise in this area by appointing it as co-lead counsel, along with Coughlin Stoia, to represent the families whose children have purchased Mattel toys that are contaminated by lead paint.
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.
Colonial BancGroup Class Action
Aetna and CIGNA Class Actions Coca-Cola VitaminWater Litigation Purchasers of Text Messaging Litigation Against Wireless Phone Service Providers One-A-Day WeightSmart Litigation Texas Homeowners Injured by Houston Oil Refinery Explosion File Lawsuit Against Valero Energy Corporation NSF Disorder Linked to Gadolinium MRI Dye Funeral Homes File Class Action Claims Against Prepaid Funeral Contracts Seller Puerto Rican Ocean Cargo Shippers Seek Damages for Antitrust Violations Health and Welfare Plans Seek Reimbursement for Overpayment of Wellbutrin XL Antidepressant Health and Welfare Plans Seek Reimbursement for Overpayment of Trasylol Investigation into UBS Offshore Banking Practices
Investigation into Quest Diagnostics Investigation into Madoff Investment Fraud Investigation into Victoria's Secret CVS Caremark Violates Patient Privacy to Push Januvia Express Scripts Medical Data Breach Investigation NuvaRing Birth Control Investigation Heparin – Blood Thinner Nationwide Recall Fentanyl Pain Patch Investigation Into Air Fresheners Containing Phthalates Life Insurance Policies & Retirement Plans Investigation  |
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