ERISA SETTLEMENT January 26, 2015 Settlement Reached in In re Regions Morgan Keegan ERISA Litigation Feinstein Doyle Payne & Kravec, LLC, as Interim Co-Lead Class Counsel with Keller Rohrback L.L.P., is pleased to announce the approval of the ERISA settlement in In re Regions Morgan Keegan ERISA Litigation, pending in the United States District Court for the Western District of Tennessee (Memphis Division). The settlement provides for the payment of $22,500,000 allocated as follows: 65.555% In House Plans Regions Stock Settlement Subclass 10.667% In-House Plans Excessive Fee Settlement Subclass 15.111% In-House Plans Bond Fund Settlement Subclass 10.667% Customer Plans Settlement Subclass Click here to review the Final Approval Order: Final Approval Order FDPK’s Ellen Doyle and Joel Hurt filed the lawsuit in March 2008. The lawsuit involved ERISA claims against the Regions Defendants made by participants in Regions’ In-House retirement plans and more than 450 customer plans for which the defendants provided trustee, custodial, investment advisory or investment management services. The ERISA claims asserted by the In-House plan participants arose from allegedly imprudent plan investments in Regions Stock, Regions Morgan Keegan proprietaryMutual Funds and RMK Bond Funds. The claims asserted by the Customer Plans arose from investment in the RMK Bond Funds. The ERISA settlement resolved claims by four Subclasses, three for the In-House Plans and one for the Customer Plans, which the Court preliminarily certified for settlement purposes. The settlement provides recovery of needed retirement funds for all class members. Settlement website: http://www.rmkerisasettlement.com/
SETTLEMENT NEWS June 5, 2014 Settlement News – Settlement Reached in Kashi All Natural / Nothing Artificial Action CLICK HERE TO SUBMIT A CLAIM Feinstein Doyle Payne & Kravec, LLC, as co-lead class counsel with Faruqi & Faruqi LLP, announce the settlement news that they have obtained preliminary approval of a $5 million class action Settlement. The settlement is on behalf of California consumers who purchased certain Kashi food products listed below. This lawsuit began because of allegations that Kashi food products were falsely and misleadingly labeled, marketed and sold as being “All Natural” or containing “Nothing Artificial,” but contained certain challenged ingredients. Click here to review the Consolidated Amended Complaint detailing the allegations made in the case. If approved by the Court, the proposed settlement will result in cash refunds for California residents who purchased certain Kashi products between August 24, 2007 and May 1, 2014 in California who submit a valid claim form. Claims can be submitted online at http://www.naturalclasssettlement.com/claim through August 25, 2014. Further information about this settlement can be found in the Notice of Class Action Settlement, or by visiting www.NaturalClassSettlement.com, or by calling the Settlement Administrator at 1-844-322-8154. The Kashi products at issue in the Settlement are listed below: GoLean Chewy Chocolate Almond Toffee Protein & Fiber Bars GoLean Chewy Cookies and Cream Protein & Fiber Bars GoLean Chewy Malted Chocolate Crisp Protein & Fiber Bars GoLean Chocolate Malted Crisp Protein & Fiber Bars GoLean Chewy Oatmeal Raisin Cookie Protein & Fiber Bars GoLean Chewy Peanut Butter Chocolate Protein & Fiber Bars GoLean Chocolate Malted Crisp Protein & Fiber Bar GoLean Crunchy! Chocolate Almond Protein & Fiber Bars GoLean Crunchy! Chocolate Caramel Protein & Fiber Bars GoLean Crunchy! Chocolate Peanut Protein & Fiber Bars GoLean Crunchy! Chocolate Pretzel Protein & Fiber Bars GoLean Crunchy! Cinnamon Coffee Cake Protein & Fiber Bars GoLean Oatmeal Raisin Protein & Fiber Bar GoLean Peanut Butter & Chocolate Protein & Fiber Bar GoLean Roll! Caramel Peanut Protein & Fiber Bar GoLean Roll! Chocolate Peanut Protein & Fiber Bar GoLean Roll! Chocolate Turtle Protein & Fiber Bar GoLean Roll! Fudge Sundae Protein & Fiber Bar GoLean Roll! Oatmeal Walnut Protein & Fiber Bar TLC Baked Apple Spice Soft-Baked Snack Bars TLC Blackberry Graham Soft-Baked Snack Bars TLC Cherry Dark Chocolate Chewy Granola Bars TLC Cherry Vanilla Soft-Baked Snack Bars TLC Cranberry Walnut Fruit & Grain Bars TLC Cranberry Walnut Layered Granola Bars TLC Dark Chocolate Coconut Fruit & Grain Bars TLC Dark Chocolate Coconut Layered Granola Bar TLC Dark Mocha Almond Chewy Granola Bars TLC Honey Almond Flax Chewy Granola Bars TLC Honey Toasted 7 Grain Granola Bars TLC All Natural Chewy Granola Bar in Honey Toasted Kashi TLC Crunchy Granola Bar Honey Toasted 7 Grain TLC Peanut Peanut Butter Chewy Granola Bars TLC Peanutty Dark Chocolate Layered Granola Bar TLC Pumpkin Pie Fruit & Grain Bars TLC Pumpkin Pecan Layered Granola Bar TLC Pumpkin Pecan Fruit & Grain Bars TLC Pumpkin Spice Flax Crunchy Granola Bars TLC Raspberry Chocolate Fruit & Grain Bars TLC Raspberry Chocolate Layered Granola Bar TLC Ripe Strawberry Soft-Baked Snack Bars TLC Roasted Almond Crunch Crunchy Granola Bars TLC Trail Mix Chewy Granola Bars 7 Grain Waffles Blueberry Waffles GoLean Blueberry Waffles GoLean Strawberry Flax Waffles GoLean Original 7 Grain Waffles Berry Blossoms Squares Cereal GoLean Crisp Toasted Berry Crumble Cereal GoLean Crunch Cereal GoLean Crunch Honey Almond Flax Cereal Honey Sunshine Squares Cereal Cocoa Beach Granola Mountain Medley Granola Summer Berry Granola GoLean Chocolate Shake GoLean Vanilla Shake GoLean Creamy Instant Hot Cereal Truly Vanilla GoLean Hearty Instant Hot Cereal with Clusters Honey & Cinnamon TLC Country Cheddar Cheese Crackers TLC Honey Sesame Snack Crackers TLC Original 7 Grain with Sea Salt Pita Crisps Kashi Pita Crisps Zesty Salsa Kashi TLC Crackers Asiago Cheese Kashi TLC Crackers Toasted Asiago Kashi TLC Entertainer Cracker – Mediterranean Bruchetta Kashi TLC Crackers Party Mediterranean Bruschetta Kashi TLC Entertainer Cracker – Stoneground 7 Grain Kashi TLC Crackers Party Stoneground 7 Grain Kashi TLC Crackers Fire Roasted Vegetable Kashi TLC Entertainer Cracker – Garlic and Thyme Kashi TLC Entertainer Cracker – Stoneground 7 Grain Kashi TLC Entertainer Cracker – Original 7 Grain Kashi TLC Crackers Original 7 Grain Kashi TLC Crackers-Natural Ranch TLC Happy Trail Mix Chewy Cookies TLC Oatmeal Dark Chocolate Chewy Cookies TLC Oatmeal Raisin Flax Chewy Cookies Kashi Entrée Chicken Florentine Kashi Chicken Pasta Pomodoro Kashi Entrée Lemongrass Coconut Chicken Kashi Entrée Mayan Harvest Bake Kashi Entrée Pesto Pasta Primavera Kashi Entrée Southwest Style Chicken Kashi Entrée Spicy Black Bean Enchilada Kashi Tuscan Veggie Bake Kashi Pizza Caribbean Carnival Kashi Pizza 5 Cheese & Tomato Kashi Pizza Margherita Kashi Pizza Margherita – Thin Crust Kashi Pizza Margherita – Stone-Fired Thin Crust Tomato Garlic Cheese Stone-Fired Thin Crust Pizza Kashi Pizza Mexicali Black Bean Kashi Pizza Mushroom Trio & Spinach Kashi Pizza Mushroom Trio & Spinach – Thin Crust Kashi Pizza Basil Pesto Kashi Pizza Basil Pesto – Stone-Fired Thin Crust Kashi Pizza Roasted Garlic Chicken Kashi Pizza Roasted Vegetable Kashi Pizza Roasted Vegetable – Thin Crust Heart to Heart Honey Oat Waffles Heart to Heart Honey Toasted Oat Cereal Heart to Heart Instant Oatmeal Apple Cinnamon Heart to Heart Instant Oatmeal Golden Maple Heart to Heart Instant Oatmeal Raisin Spice Heart to Heart Oat Flakes & Blueberry Clusters Cereal Heart to Heart Blueberry Cereal Heart to Heart Roasted Garlic Whole Grain Crackers Heart to Heart Warm Cinnamon Oat Cereal Heart to Heart Original Whole Grain Crackers
Class Action Settlement March 3, 2014 Class Action Settlement – Larsen, et al.v. Trader Joe’s Company Tamar Davis Larsen and Aran Eisenstat, on behalf of themselves and all others similarly situated v. Trader Joe’s Company, a California Corporation Case No. 3:11-cv-05188-WHO United States District Court for the Northern District of California San Francisco Division Feinstein Doyle Payne & Kravec, LLC announces a class action settlement in Larsen, et al. v. Trader Joe’s Company, a California corporation. Details about the Trader Joe’s class action settlement are posted at https://tjallnaturalclassaction.com/ The class action lawsuit, pending in the United States District Court for the Northern District of California, claims that certain Trader Joe’s food products were improperly labeled, marketed, supplied, made and sold as being “all Natural” and/or 100% Natural” even though they contained one or more of the following allegedly synthetic ingredients: ascorbic acid, cocoa processed with alkali, sodium acid pyrophosphate, xanthan gum, and vegetable mono- and diglycerides. The products at issue are: Joe-Joe’s Chocolate Vanilla Creme Cookies; Joe-Joe’s Chocolate Sandwich Creme Cookies; Trader Joe’s Jumbo Cinnamon rolls; Trader Joe’s Buttermilk Biscuits; Trader Giotto’s 100% Natural Fat Free Ricotta Cheese; and Trader Joe’s Fresh Pressed Apple Juice. Trader Joe’s denies all charges of wrongdoing or liability, defended itself throughout this litigation and asserts that the Labeling, packaging, sale, distribution, supply, marketing and advertising, including statements made on the Products’ labels and on Trader Joe’s website, were truthful, accurate, not misleading, and not in violation of the law. Both sides have agreed to settle the dispute and to provide benefits to consumers, taking into account the burdens and expense of litigation, including the risks and uncertainties, and the difficulties and delays in such litigation. The class action settlement is awaiting court approval. Class members may review the Class Notice and Stipulation of Class Action Settlement by clicking on the links below. As the notice explains, class members have a right to object. The class action settlement class consists of the following: ALL CONSUMERS IN THE UNITED STATES WHO, FROM OCTOBER 24, 2007 THROUGH FEBRUARY 6, 2014, MADE RETAIL PURCHASES OF ONE OR MORE OF THE PRODUCTS THAT WERE LABELED “ALL NATURAL” OR 100% NATURAL” AND ALSO CONTAINED OINE OR MORE OF THE FOLLOWING INGREDIENTS: ASCORBIC ACID, COCOA PROCESSED WITH ALKALI, SODIUM ACID PYROPHOSPHATE, VEGETABLE MONO- AND DIGLCERIDES, AND XANTHAN GUM Trader Joe’s – Order Granting Preliminary Approval of Class Action Settlement Trader Joe’s – Notice Trader Joe’s – Superseding Stipulation of Class Action Settlement PLEASE NOTE THE FOLLOWING IMPORTANT DATES AND INFORMATION: JUNE 2, 2014 – LAST DAY TO FILE AN OBJECTION TO THE CLASS ACTION SETTLEMENT JUNE 2, 2014 – LAST DAY TO EXCLUDE YOURSELF FROM THE CLASS ACTION SETTLEMENT JULY 9, 2014 – CLASS ACTION SETTLEMENT FAIRNESS HEARING, Courtroom No. 6 of the United States District Court of the Northern District of California, 450 Golden Gate Avenue, Courtroom 2, 17th Floor, San Francisco, CA 94102 Contact: Joseph N. Kravec, Jr. ([email protected]) Feinstein Doyle Payne & Kravec, LLC 429 Forbes Avenue Allegheny Building, 17th Floor Pittsburgh, PA 15219 (412) 281-8400
Class Action Settlement February 13, 2014 Class Action Settlement – Wilson v. The Mill Group/Yurcor Nathaniel Wilson, et al. v. The Mill Group, Inc., et al. Case No. 2:12-CV-10214 United States District Court for the Central District of California, Western Division Feinstein Doyle Payne & Kravec, LLC announces a class action settlement in Wilson, et al v. The Mill Group, Inc., et al. The firm and its co-counsel represent The Mill and Yurcor employees in a class action alleging that the employers did not properly communicate the pay rate for Yurcor employees who provided services to The Mill. The employees assert that, as a result, the Defendants did not pay them their full pay rate and Defendants improperly misclassified the settlement class members as independent contractors. The case is pending in the United States District Court for the Central District of California and the parties have reached a class action settlement. The class action settlement is awaiting court approval. Class members may review the Class Notice and Settlement Agreement by clicking on the links below. As the notice explains, class members have a right to object. The class action settlement applies to the following: ALL PERSONS WHO AT ANY TIME ON OR AFTER SEPTEMBER 14, 2009 AND UP TO AND INCLUDING MARCH 14, 2013 WORKED OR PERFORMED AND COMPLATED SERVICES IN CALIFORNIA FOR THE MILL IN THE PRE-PRODUCTION, PRODUCTION OR POST-PRODUCTION PROCESSES OF MOTION PICTURES, TELEVISION PROGRAMS ADVERTISING, GAME ART OR OTHER VISUAL CONTENT, AS TO WHOM YURCOR PERFORMED SERVICES FOR THE MILL AND/OR THE RESPECTIVE INDIVIDUAL The Mill – Class Notice The Mill – Second Amended Settlement Agmt The Mill – Order Preliminarily Certifying Class for Settlement PLEASE NOTE THE FOLLOWING IMPORTANT DATES AND INFORMATION: FEBRUARY 28, 2014 – LAST DAY TO FILE AN OBJECTION TO THE CLASS ACTION SETTLEMENT FEBRUARY 28, 2014 – LAST DAY TO EXCLUDE YOURSELF FROM THE CLASS ACTION SETTLEMENT MARCH 17, 2014 – DEADLINE FOR FILING AND SERVICE BY OBJECTOR OR HIS/HER ATTORNEY OF NOTICE OF INTENTION TO APPEAR AT THE CLASS ACTION SETTLEMENT FAIRNESS HEARING (SEE SECTION 7 OF THE PRELIMINARY APPROVAL ORDER) APRIL 21, 2014 at 1:30 pm – CLASS ACTION SETTLEMENT FAIRNESS HEARING, Courtroom No. 6 of the United States District Court of the Central District of California, 312 N. Spring Street, Los Angeles, CA 90012 ESTIMATED SETTLEMENT PAYMENT BASED ON THE “DISPUTED PAYROLL DEDUCTIONS.” This payment will be considered the wage portion of the settlement award with appropriate standard payroll deductions and will be reported on an IRS Form W-2. Please review Exhibit 2: The Mill – Ex. 2 – Disputed Payroll Deductions ESTIMATED CLASS ACTION SETTLEMENT PAYMENT BASED ON THE WAITING TIME PENALTY PORTION FROM THE SETTLEMENT AMOUNT. This payment will be characterized as penalties and will be reported on an IRS Form 1099. Amount: $2,620.74 IF YOU HAVE QUESTIONS, please visit the class action administrator’s website at: http://www.cptgroup.com/Mill&YucorSettlement/ TOLL-FREE NUMBER: 1-855-801-0755 EMAIL: Mill&[email protected] Contact William T. Payne, Esquire ([email protected]) Feinstein Doyle Payne & Kravec, LLC 429 Forbes Avenue Allegheny Building, 17th Floor Pittsburgh, PA 15219 (412) 281-8400
Civil Rights Settlement December 17, 2012 PA Funeral Director Law Changes Following Civil Rights Settlement (Wasserman v. Burrell, et al.) PA Funeral Director Law changes have been made due to the civil rights settlement by Pittsburgh Rabbi Wasserman in his “Funeral Director” interpretation case against the Commonwealth of Pennsylvania. This important civil rights settlement secures religious freedom for rabbis and other religious leaders. In August 2012, the Rabbi’s legal team filed suit against the Commonwealth of Pennsylvania. The Complaint alleged that the Rabbi’s rights under the First and Fourteenth Amendments of the Constitution of the United States, as well as Article 1 of the Pennsylvania Constitution, had been violated. The Memorandum of Understanding of this civil rights settlement excludes all individuals who perform religious rites, sects, and any committee of a church, mosque, synagogue or temple from the definition of “funeral director” under Pennsylvania law. Rabbi Wasserman and leaders of all other religious faiths can now conduct funeral services in Pennsylvania. The State Board of Funeral Directors must begin new enforcement procedures to ensure that the civil rights of individuals who perform religious burials are not violated. Documents related to this civil rights case may be reviewed here: 2012-12-17 Wasserman press release. Memorandum of Understanding. Stipulation.
Gelesky v. AK Steel Class Action Settlement September 26, 2012 PLEASE NOTE THAT ALL IMPORTANT DATES AND DEADLINES HAVE PASSED Richard D. Gelesky, on Behalf of Himself and Others Similarly Situated v. AK Steel Corporation Pension Agreements Plan, and AK Steel Corporation Benefit Plans Administrative Committee Case No. 10-cv-899 United States District Court for the Southern District of Ohio, Western Division Feinstein Doyle Payne & Kravec, LLC represents retirees of AK Steel’s plant in Sharon, Pennsylvania, who claim that their lump-sum pension distributions were miscalculated. The case is pending in the United States District Court for the Southern District of Ohio. The parties reached a settlement, which is awaiting court approval, and class members may review the Class Notice and Settlement Agreement by clicking on the links below. As the notice explains, class members have a right to object. For more information, contact Attorney William T. Payne ([email protected]). This settlement applies to the following: ALL VESTED PARTICIPANTS IN THE AK STEEL CORPORATION PENSION AGREEMENTS PLAN WHO RETIRED OR WERE TERMINATED FROM EMPLOYMENT ON OR AFTER JANUARY 1, 1995, AND WHO RECEIVED THEIR PENSION BENEFITS UNDER THE PLAN IN THE LUMP SUM FORM OF PAYMENT ON OR AFTER JANUARY 1, 1995, AND BEFORE JULY 2, 2003; AND THE CLASSMEMBER SUCCESSORS OF SUCH PERSONS Gelesky Class Notice Gelesky Settlement Agreement Gelesky Preliminary Approval Order QUESTIONS? Contact William T. Payne, Esquire Feinstein Doyle Payne & Kravec, LLC Doyle Payne & Kravec, LLC 429 Forbes Avenue Allegheny Building, 17th Floor Pittsburgh, PA 15219 (412) 281-8400 [email protected]
First Horizon National Corporation June 13, 2012 Feinstein Doyle Payne & Kravec, LLC served as lead counsel representing participants in the First Horizon National Corporation 401(k) Plan in litigation to recover losses to the Plan’s assets. The class action lawsuit alleged that Plan fiduciaries violated ERISA by investing in its own First Horizon stock while it was concealing its large exposure to highly risky Collateralized Debt Obligations, subprime mortgages, and other low-quality securities. The lawsuit also alleged that the Plan did not consider investment options other than mutual funds owned by First Horizon, which was improper. By clicking on the links, you can review the Fourth Amended Complaint, as well as the Court’s Decision Denying Defendants’ motion for partial summary judgment; the Court’s decision granting in part and denying in part Defendants’ motion to dismiss and the Court’s Order Order granting preliminary approval of class action settlement. The final settlement hearing was held September 13, 2012. The Court approved the settlement and issued its Final Order on September 13, 2012. Final Order and Judgment. The Settlement Administrator is currently reviewing and allocating claims. Settlement allocations will then be distributed to the 401(k) plan, which will then issue the funds to class members’ accounts. For more information, please contact, Ellen Doyle, Pamina Ewing or Joel Hurt.
Diamond Walnut Class Action Settlement June 8, 2012 THE DEADLINE TO SUBMIT CLAIMS HAS PASSED. THE COURT APPROVED THE SETTLEMENT ON OCTOBER 16, 2012. Elliot Zeisel v. Diamond Foods, Inc., Case No. 3:10-cv-01192-JSW United States District Court for the Northern District of California California walnut company Diamond Foods, Inc. (NASDAQ:DMND) paid $2.6 million to settle a class action lawsuit accusing it of false advertising. The lawsuit claimed that Diamond misbranded its walnut products by making false and misleading statements on package labels and the company’s website relating to the health benefits of walnut consumption. Diamond disputed that the language it used to promote its walnuts was unlawful, but agreed to discontinue the “heart health” claims on its packaging and similar claims on its website. As a part of the Diamond Foods walnut class action settlement, the company agreed to pay consumers $8.25 for each 3-pound bag of Diamond of California walnuts purchased at Sam’s Club and $3.25 for any other Diamond of California walnut product purchased between March 22, 2006 and January 30, 2012. A consumer was able to claim up to 24 total bags. Details about the Diamond Foods walnut class action settlement were posted at www.WalnutLabelingSettlement.com. IMPORTANT DATES AND DEADLINES HAVE ALL PASSED. The pertinent dates were: Deadline to exclude yourself: Postmarked by July 30, 2012 Deadline to object: Postmarked by July 30, 2012 Deadline for filing a claim: Postmarked by September 7, 2012 Deadline to file a Notice of Intent to Appear: Postmarked by July 30, 2012 Final Approval Hearing: October 12, 2012 at 9:00 a.m. (Pacific) The Diamond Foods walnut class action settlement was approved by the Honorable Jeffrey S. White, U.S. District Judge for the Northern District of California on October 16, 2012 (Order Approving Settlement). Diamond Class Notice Diamond Approval Order
