Articles Posted in Class Actions

On Saturday afternoon, a chemical plant in Hudson, North Carolina blew up causes an evacuation of approximately 750 nearby residents.  The plant, located in Caldwell County, North Carolina, is operated by Chemical Coatings, Inc.  It is not clear what caused the explosion.  However, it took multiple first responders several hours to control the blaze.

Click here for more.

If you or your family have been affected by this explosion and evacuation, call Hendren & Malone today.  The lawyers at Hendren & Malone have brought cases for evacuation related damages in multiple jurisdictions.  We were the attorneys for the residents of Apex, North Carolina who were evacuated in 2006 following an explosion at the EQ facility.  That case resulted in a $7.85 million settlement for the residents in a class action.

I recently came across this interesting story of a class action against an Indiana hospital for using an out-of-state collections agency.  Apparently, St. Vincent Indianopolis Hospital outsourced some of its collections to a Missouri based collection agency who was not licensed in Indiana.  Therefore, Michael Sargent sued and won.  He won $2,000 and the plaintiffs won a total of $31,500. 

Click here more on this small victory.

I recently came across this interesting settlement of a class action in Pennsylvania.  The case involved employees at several Pennsylvania hospitals.  According to the allegations of the lawsuit, the hospitals used a 14 day 80 hour pay period which was a violation of state law. 

The case settled for about $2.75 million.  Click here for the story.

If you have a question about overdue wages or failure to pay overtime, call Mike Malone at Hendren & Malone for a free consulation.

I recently came across this interesting article about a class action arising from defective fiber cement siding.

According to the article. CertainTeed changed the way it made the siding starting in 2002.  At that time, they started using fly ash instead of grain and silica sand in the siding.  The fly ash has different physical characteristics including an increased water absorption.  This has apparently resulted in long-term defects in the product. 

This sounds somewhat similar to numerous other construction defect cases that we have looked at.  The lawyers at Hendren & Malone are currently working on class actions relating to defective Chinese drywall.  If you have a question about a class action or a defective construction product, call Mike Malone at Hendren & Malone today for a free consultation.

I came across an interesting article about a recent settlement for military homeowners in a class action against JP Morgan Chase. 

The case involved alleged violations of the Servicemembers’ Civil Relief Act.  According to the article, Chase failed to interest rates on mortgages as required under the Act.  Under the Act, interest rates were to be reduced to 6% by a certain date.  To settle the case, Chase has set aside about $48 million.  Chase has apparently also agreed to reduce mortgage interest for SCRA borrowers to 4%.

Click here for the full story.

In an interesting case, a federal judge in Nebraska has approved class action status for workers at two Tyson Foods plants in Nebraksa who are suing over wages.  According to the lawsuit, the workers were not paid for time spent putting on uniforms and safety gear, sanitizing equipment, sharpening knives and other work-related duties.

Often called “don doff” suits because they relate to donning and doffing protective gear, claims such as this typically are brought under the Fair Labor Standards Act or similar state-based wage and hour laws.

This class action could affect as many as 5,000 workers.

In an interesting case, an Alabama chicken plant has been fined $52k for an August ammonia leak that sent 150 people to the hospital.  Anhydrous ammonia, which is used a refrigerant at poultry processing plant, apparently leaked from a pipe on the roof of the plant.  The plant is run by Millard Refrigerated Services of Omaha, Nebraska.  Click here for more.

This is a interesting and troubling case.  North Carolina is one of the leading poultry producers in the United States and ammonia refrigeration systems are likely used in virtually every plant.  Just a few weeks ago, there was a significant ammonia leak from a turkey processing plant in Raeford, North Carolina.  The lawyers at Hendren & Malone are currently evaluating claims relating to the Raeford incident.

In a very interesting case, a group of California doctors have sued Medicare claiming that Medicare’s reimbursement rates are outdated and fail to account for demographic changes.  Apparently, Medicare has not updated the fee schedule for payments since 1996 and that since 1996 there have been many changes in the data that the fee schedules are based on.  For more click here.

If you have a question about a class action, contact Mike Malone at Hendren & Malone.

In a very interesting case, Wells Fargo has agreed to a $10 million settlement of a class action brought by veteran military families across the country.  Apparently, Wells Fargo was charging improper fees associated with the refinancing of home loans.  Each family will receive about $175.  Apparently, other lenders may have also conducted this unlawful practice.  For more, click here.

This is a very interesting story which significant impact to North Carolina military families.  If you believe that you may have paid excessive fees as part of a refinance of your mortgage, call Mike Malone at Hendren & Malone.

In an interesting case, a class action lawsuit has been filed against the District of Columbia alleging that the city has failed to help disabled residents find appropriate care.  The lawsuit, which was filed in federal court, claims that up to 2900 disabled city residents are being unnecessarily institutionalized against their wishes.  For more, click here.

If you have a question about your legal rights as a nursing home or assisted living resident in North Carolina, contact Mike Malone at Hendren & Malone. You can also send an email by using the box to the right. Usually, we respond to emails within an hour.

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