Gary Lynch Appointed To Executive Committee In Target Data Breach MDL
On May 22, 2014, a federal district judge issued an order appointing Gary Lynch to serve on the five-person Executive Committee responsible for overseeing the prosecution of nationwide litigation against Target Corporation. All cases stemming from the data breach which the retailer experienced in late 2013 have been consolidated before U.S. District Judge Paul A. Magnuson in the District of Minnesota. Lynch Carpenter was initially retained by numerous financial institutions which suffered damages as a result of measures the institutions were forced to take to protect their account holders from suffering identity theft and financial loss. The Executive Committee will work in conjunction with lead and liaison counsel to coordinate the litigation on behalf of both consumers and financial institutions.
The case is In re: Target Corporation Customer Data Security Breach Litigation, MDL No. 2522 in the U.S. District Court for the District of Minnesota.
Gary Lynch Quoted In Wall Street Journal Risk Compliance Journal On Target Data Breach Litigation
In February of 2014, Lynch Carpenter filed multiple class action lawsuits against Target Corporation on behalf of credit unions who suffered injury as a result of the security breach compromising Target store customers’ names, credit and debit card numbers, card expiration dates, personal identification numbers, and card verification values. The cases are currently pending in the United States District Court for the Western District of Pennsylvania. Lynch Carpenter founding partner Gary F. Lynch was recently quoted in the Wall Street Journal Risk & Compliance Journal regarding the suits.
ResCap Settlement Clears
As was reported previously on www.lynchcarpenter.com, Bruce Carlson is co-lead counsel on behalf of a class of approximately 45,000 residential mortgage borrowers whose claims were recently settled as part of the ResCap bankruptcy proceedings in the Southern District of New York. The settlement was for an allowed claim amount of $300 million dollars.The bankruptcy court granted final approval of the settlement on November 27, 2013. However, the effective date of the settlement was tied to confirmation of the bankruptcy plan. We are pleased to report that the bankruptcy plan was confirmed by Judge Glenn on December 11, 2013. In confirming the plan, Judge Glenn noted that the ResCap bankruptcy was the most legally and factually complex matter that he has presided over since becoming a judge.
A more detailed description of the settlement is provided in the class notice section of this website.
Lynch Carpenter Wins Approval Of Class Settlement In ResCap Bankruptcy
FINAL APPROVAL GRANTED IN KESSLER SETTLEMENT FOR
ALLOWED CLAIM AMOUNT OF $300 MILLION DOLLARS
On November 27, 2013, the United States Bankruptcy Court for the Southern District of New York granted final approval of a class settlement with an allowed claim amount of $300 million dollars. The negotiation of the settlement was reported previously on this website. Bruce Carlson, who was co-lead counsel for the class in connection with this settlement, filed the first case initiating this litigation on behalf of residential mortgage borrowers more than (12) twelve years ago. A related case remains pending against PNC Bank in the Western District of Pennsylvania.
Kessler Class
Lynch Carpenter is pleased to announce a substantial settlement on behalf of a class of approximately 44,000 residential mortgage borrowers. Bruce Carlson and Lynch Carpenter are co-lead counsel for the Class. The settlement was negotiated as part of the bankruptcy proceedings in the case captioned In re: Residential Capital, LLC, et al., Case No. 12-12020 (United States Bankruptcy Court, Southern District of New York). In connection with the settlement the debtor has agreed to an allowed claim amount of $300 million for the Class. The settlement was preliminarily approved on August 23, 2013 and the Final Approval hearing is scheduled for November 19, 2013. A Notice which describes the settlement in more detail is posted in the Class Notice section of this website. Any questions regarding this settlement should be directed to Bruce Carlson.
Lynch Carpenter Named as Co Lead Counsel in Massive Predatory Lending Class Certified Against PNC
On July 31, 2013, the United States District Court for the Western District of Pennsylvania (Schwab, J.) issued an Opinion and Order certifying a class of second mortgage loan borrowers against Pittsburgh based PNC Bank N.A. The Order appoints Lynch Carpenter and Bruce Carlson as co-lead counsel on behalf of the class. In this case, Lynch Carpenter asserts that Class Members were defrauded in connection with their second mortgage loans and, as a result, paid grossly excessive fees in connection with the loans. PNC’s financial exposure in this case exceeds $500 million dollars. Please contact Bruce Carlson with any questions regarding this litigation.
Lynch Carpenter ATM Accessibility Cases Continue To Generate Favorable Law For The Blind And Visually impaired
As noted in a blog posted previously on this website, Lynch Carpenter has filed a substantial number of cases nationally challenging the ongoing failure of banks and financial services providers to comply with ATM accessibility requirements for the blind and visually impaired. These cases assert claims under the Americans with Disabilities Act (“ADA”) and, where appropriate, parallel state laws. A number of bank defendants have filed baseless, cookie-cutter motions to dismiss challenging the standing of the named plaintiffs in these cases. On July 12, 2013, a United States Magistrate Judge sitting in the Middle District of Pennsylvania issued a comprehensive Report and Recommendation in Klaus v. Jonestown Bank and Trust Co. recommending the denial of a standing-based motion to dismiss. This is the sixth opinion endorsing plaintiffs’ position in the cases filed by Lynch Carpenter. By Order dated August 13, 2013, United States District Judge Christopher C. Connor adopted the Magistrate Judge’s Report and Recommendation denying the defendant bank’s motion to dismiss. To date, no court has granted a motion to dismiss in any of these cases.
Lynch Carpenter Files Appeal Challenging Retroactive Elimination Of Consumer Rights
On July 15, Lynch Carpenter and attorneys from Public Citizen in Washington, D.C. filed an appeal in the Fifth Circuit Court of Appeals. The appeal centers around the important issue of whether an amendment that eliminates statutory consumer rights will apply retrospectively to pending lawsuits based on events that took place before the change in the law.
In a lawsuit filed in 2010, Plaintiff Lisa Mabary alleged that Defendant Home Town Bank violated her rights as a consumer by charging ATM transaction fees without providing proper notice. In December 2012, while the litigation was ongoing, Congress amended the law upon which the lawsuit was based, eliminating future lawsuits of that nature. Congress did not include a specific instruction for retrospective application in the amendment. In March 2013, Judge Ellison of the United States District Court for the Southern District of Texas dismissed the case and denied class certification, finding that the amendment applied retrospectively, effectively eliminating the basis of Plaintiff Mabary’s lawsuit.
Lynch Carpenter and Public Citizen are appealing Judge Ellison’s ruling in order to protect consumers who filed legitimate lawsuits to vindicate their rights. If the district court’s opinion is upheld, legitimate pending lawsuits could be eliminated by a change the law, even if a valid case has been pending for months or years and Congress does not explicitly intend a retrospective application. This variety of retrospective application seriously jeopardizes the ability of consumers to bring private lawsuits to enforce consumer rights laws. This type of loophole would allow defendants to escape liability for consumer rights violations after the fact through corporate lobbying and anti-consumer legislation.
In this case, Lynch Carpenter will be attempting to achieve its fourth recent federal appellate court reversal.
The case is Mabary v. HomeTown Bank, No. 13-20211, in the United States Court of Appeals for the Fifth Circuit.
Magistrate Judge In Southern District Of Texas Recommends That Class Be Certified In EFTA Case
On July 11th, 2013, a Magistrate Judge in the United States District Court for the Southern District of Texas issued an opinion recommending that a class certification motion filed by Lynch Carpenter on behalf of plaintiffs be granted. The opinion rejects the attempt by the defendant in this case to distort the actual requirements of Rule 23.
Lynch Carpenter Files Class Action Complaint Against Philadelphia Penthouse Club
On May 31, 2013, CLSK filed a class/collective action complaint against the Penthouse Club (Philadephia). The plaintiff is an exotic dancer. The Complaint alleges that the defendant misclassified plaintiff and the class as independent contractors instead of employees, thereby depriving them of substantial compensation and other benefits. This case is one of several similar cases that CLSK has filed throughout the country.