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Significant Court Opinions and Articles

Feinstein Doyle Payne & Kravec, LLC lawyers often handle cases that involve important issues and have been instrumental in achieving the following results:
  • Astiana v. Kashi Co., 291 F.R.D. 493 (S.D. Cal. 2013). A consolidated food mislabeling case brought by numerous plaintiffs alleging that Kashi Company violated food labeling laws by marketing its products as “All Natural” and containing “Nothing Artificial.” In response to Plaintiffs’ motion for class certification, the Court entered an Order certifying “All Natural” and “Nothing Artificial” classes, and appointing FDPK as counsel for both classes.
  • Cheatham v. RCA Rubber Co., 2012 WL 1745524, 193 L.R.R.M. (BNA) 2304 (M.D. Tenn. May 16, 2012), a currently pending certified ERISA class action in which the court granted plaintiffs’ motion for summary judgment as to liability of subsidiary corporation and denied defendant parent company’s cross-motion for summary judgment as to liability for subsidiary’s retiree health care obligations.  The court entered its Opinion on May 16, 2012.
  • Clemons v. Norton Healthcare, Inc. Retirement Plan, 271 F.R.D. 562 (W.D. Ky. 2011), a currently pending certified class action seeking contractual lump-sum pension benefits on behalf of pension plan participants.
  • Hayden v. Freight Car America, No. CA 07-0201, 2008 WL 375762  (W.D. Pa. Jan. 11, 2008), an ERISA class action resulting in a preliminary injunction and settlement ensuring payment of retirement benefits valued at approximately $20,000,000 to railroad manufacturing employees laid off shortly before they attained pension eligibility.
  • Lippman v. Office of Personnel Management, PH-O831-08-0212-I (MSPB May 7, 2008), a consolidation of 158 individual appeals before the Merit Systems Protection Board that resulted in a multi-million dollar recovery for a nationwide group of retired VA nurses.
  • Ubaldi v. SLM Corp.,852 F. Supp. 2d 1190 (N.D. Cal. 2012), holding that Sallie Mae, a major loan servicer for private student loans nationwide, was not protected by National Bank Act preemption based on Plaintiff’s allegation that Sallie Mae merely rented a federally-regulated bank’s charter, and acted as the true, “de facto” lender for student loans.
  • Yost v. First Horizon National Corp., 2010 WL 4116986 (W.D.Tenn. 2009).  Plaintiffs brought this class action to recover losses to the First Horizon Corporation Savings Plan in violation of ERISA.  In response to defendants’ motion to dismiss, the court issued anOrder stating that plaintiffs had properly stated a claim that defendants had breached their fiduciary duty by continuing to invest plan assets in First Horizon stock when it was no longer prudent to do so.  The case settled in 2012.
  • Zeisel v. Diamond Foods, Inc., Case No. 10-01192 JSW, 2011 WL 2221113 (N.D.Cal.).  Plaintiff brought this food mislabeling class action following a February 2010 letter from the FDA warning Diamond Foods that there was not sufficient evidence to link eating walnut with heart health and that the company had violated food labeling rules by marketing walnuts as if they were intended to treat a medical condition.  In response to plaintiff’s motion for class certification, the court entered an Order on June 7, 2011, granting plaintiff’s motion and certifying a nationwide class.


Feinstein Doyle Payne & Kravec, LLC

Pittsburgh Office

429 Fourth Avenue, Suite 1300

Pittsburgh, PA 15219

Phone: +1 (412) 281-8400

Toll Free: +1 (888) 355-1735

Fax: +1 (412) 281-1007

New York Office

29 Broadway, 24th Floor

New York, NY 10006-3205

Phone: +1 (212) 952-0014