DONOVAN
SEARLES, LLC

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CONSUMER CLASS ACTIONS

Williams v. Empire Funding Corp., 183 F.R.D. 428 (E.D. Pa. 1998), 109 F.Supp.2d 352 (E.D. Pa. 2000)

    Donovan Searles, LLC co-counseled this class action against a predatory lender who deprived consumers of their right to rescission under the federal Truth-In-Lending Act through the use of a deceptive "two-contract scheme" whereby a home improvement company named Fredmont Builders targeted low income areas, going door-to-door promoting a program of home improvements and repairs which the sales people claimed were associated with the federal government. The Court certified a class of over three hundred consumers and, following further litigation, the parties reached a settlement involving rescission of mortgages and payment of damages, with a total settlement value in excess of $1,000,000.

Newton v. United Companies Financial Corp., 24 F. Supp. 2d 444 (E.D. Pa. 1998)

    Donovan Searles, LLC co-counseled this five day bench trial on behalf of four low-income plaintiffs against a sub-prime home equity lender for violations of the Home Ownership and Equity Protection Act and the Equal Credit Opportunity Act. Plaintiffs prevailed on virtually all their claims, achieving rescission of the mortgages and awards of money damages.

Colbert v. Dymacol, Inc., 305 F.3d 1256 (3d Cir. 2002)

    Donovan Searles LLC co-counseled this class action involving over 42,000 Pennsylvania consumers under the Fair Debt Collection Practices Act. The case raised cutting edge issues involving the intersection of Rule 68 offer of judgments and Rule 23 class actions. The case was argued twice before the Court of Appeals for the Third Circuit, once before a panel of three judges and subsequently on rehearing en banc before all thirteen judges of the court. Following a successful remand of the case to the district court, plaintiffs eventually reached a settlement that resulted in a payment to the class members in the maximum amount they would have won had the case gone to trial.

Samuel v. Equicredit Corp., C.A. No. 00-6196 (E.D. Pa.)

    Donovan Searles, LLC served as co-counsel to the plaintiff and a class of approximately twelve thousand Pennsylvania residential homeowners who were victimized by practices and policies of a sub-prime home equity lender. Following vigorous litigation, the case settled in consideration of a $2,500,000 payment to the class, as well as substantial relief for class members whose homes were in the midst of foreclosure as a result of the defendant’s actions.

Fry v. Hayt, Hayt & Landau, 198 F.R.D. 461 (E.D. Pa. 2000)

    Donovan Searles, LLC co-counseled this debt collection class action involving over 55,000 class members who received deceptive dunning letters from the defendant debt collector law firm. Plaintiff achieved a settlement valued in excess of $453,000.

Stewart v. Fairbanks Capital Corp., Philadelphia Court of Common Pleas, March Term, 2003, No. 2075

    Donovan Searles, LLC is lead counsel in this class action against a mortgage servicer for imposing improper and excessive fees and charges added to class members’ mortgage accounts, including forced-placed hazard insurance charges. The defendants removed the case to federal court and plaintiff successfully moved to have the case remanded to state court, where it is currently proceeding.

Braun v. Walmart Stores, Inc., 2003 WL 1847695 (Pa. Com. Pl. January 15, 2003)

   Donovan Searles, LLC is co-counsel to the plaintiff and class in this action to recover unpaid wages earned by Walmart employees for overtime work. Plaintiff has obtained a court ruling prohibiting Walmart from conducting ex parte interviews with current and former employees who are class members. Discovery is currently proceeding, and a decision on class certification is expected in early 2004.

Piper v. Portnoff Law Associates, Ltd., 2003 WL 21146707 (E.D. Pa. May 15, 2003), 2003 WL 21545111 (E.D. Pa. July 8, 2003)

    Donovan Searles, LLC represents a class of over six hundred residential homeowners who have been dunned by a debt collection law firm for collection of water/sewer bills owed to the City of Bethlehem, Pennsylvania. Donovan Searles obtained a preliminary injunction of the scheduled Sheriff Sale of the representative plaintiff’s home by the defendant law firm in an attempt to collect a $254 water/sewer bill. The lawsuit seeks to hold the defendant debt collector law firm to the standards and requirements of federal and state debt collection laws and also seeks to recover damages for the class in the form of excessive and improper attorney’s fees charged by the defendants. The jury trial is scheduled to begin on September 9, 2003.

 
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