Lovell Stewart Halebian Jacobson LLP, its Seattle affiliate (Lovell Mitchell & Barth) and their predecessors (collectively the “Firm”) have extensive experience in class actions brought under the antitrust laws, the securities laws, and the Commodity Exchange Act. The Firm has recovered billions of dollars for investors in numerous class actions since 1980.
The Firm has been appointed as sole lead counsel or co-lead counsel in numerous significant class actions, including actions in which it obtained reportedly the largest class action recovery under three separate federal statutes:
a $1.027 billion recovery in 1998 on price-fixing claim under the Sherman Antitrust Act, 15 U.S.C. Section 1, et seq. In re NASDAQ Market-Makers Antitrust Litigation, 187 F.R.D. 465, 471 (S.D.N.Y. 1998) ("this all-cash settlement, achieved through `four years of hard-fought litigation,' apparently is [at that time] the largest recovery (class action or otherwise) in the hundred year history of the state and federal antitrust laws.");
a $145.35 million recovery on price manipulation claims under the Commodity Exchange Act, 7 U.S.C. Section 1 et seq. E.g., In re Sumitomo Copper Litigation, 74 F. Supp. 2d 393, 395 (S.D.N.Y. 1999) ("The recovery is the largest class action recovery in the 75 plus year history of the Commodity Exchange Act"); and
a $76.5 million recovery in 1997 on impermissible investment and related claims under the Investment Company Act, 15 U.S.C. Section 80a-1 et seq. Blatt v. Merrill Lynch Fenner & Smith Incorporated, et al., 94 Civ. 2348 (JAG) (D.N.J.). ("by far the largest settlement" of class action claims under the Investment Company Act, Securities Class Action Alert letter dated August 17, 2000.)
Recent Firm News
Anderson, et al. v. Fiserv, Inc., et al., 09-cv-5400 (BSJ) (FM)—On January 29, 2010, the District Court for the Southern District of New York appointed Lovell Stewart Halebian LLP as Interim Class Co-Counsel. See Order
Weinstein, et al. v. Fiserv, Inc., et al., 09-cv-00752-CMA-CBS—On September 30, 2009, the District Court for the District of Colorado appointed Lovell Stewart Halebian LLP as Interim Lead Counsel. See Order
In Re Digital Music Antitrust Litigation, No. 06 MD 1780 (LAP)(SDNY) - On January 13, 2010, the Second Circuit Court of Appeals reversed the trial court's dismissal based on the Supreme Court ruling in Bell Atlantic v. Twombly. It is the first reversal of a trial court dismissal order in an antitrust case where the dismissal was premised on the Supreme Court ruling in Bell Atlantic v. TwomblySee Order.
In Re Potash Antitrust Litigation, No. 08-cv-06910 (ND Ill) - On November 11, 2009, the Federal Court for the Northern District of Illinois granted in part and denied in part Defendants Motion to Dismiss the First Consolidated Amended Complaint for Indirect Purchasers
In Re Aftermarket Filters Antitrust Litigation, No. 08-cv-04883 (RWG)(ND Ill) - On November 5, 2009, the Federal Court for the Northern District of Illinois granted in part and denied in part Defendants Motion to Dismiss the First Consolidated Amended Complaint for Indirect Purchasers
Hershey, et al., v. Pacific Investment Management Company LLC, et ano., 05-C-4681 (N.D. Il.)– On October 29, 2009, PIMCO filed a Petition for a Writ of Certiorari in the Supreme Court of the United States with respect to the July 7, 2009 Opinion and the July 31, 2009 denial of a petition for rehearing of the 7th Circuit Court of Appeals affirming the District Court’s Order granting certification of the plaintiff class. For information, contact Christopher McGrath at cmcgrath@lshllp.com .
Fiala, et al. v. Metropolitan Life Insurance Company, et al., Civil Case No. 601181/2000 (Sup. Court, New York County)(Kornreich, J.); In re MetLife Demutualization Litigation, 00-CV-2258 (E.D.N.Y.)– On November 6, 2009, the District Court entered an Order Approving the Form of Notice of Class Action Settlement in respect of the settlement of the claims in these two actions in the amount of $50 million. The state and federal courts will hold a joint hearing on whether to approve the settlement on December 30, 2009, in Courtroom 10B South of the United States Courthouse at 225 Cadman Plaza East, Brooklyn, New York. For information, contact Ian T. Stoll at istoll@lshllp.com.
In re BP Propane Indirect Purchaser Antitrust Litigation, 06-C-3541 (N.D. Il.)– On November 6, 2009, the Court entered an Order Certifying Settlement Class, Preliminarily Approving Proposed Settlement, Appointing Lead Counsel, Scheduling Hearing for Final Approval, and Approving the Proposed Notice to the Settlement Class. A copy of the Order is attached. The Order preliminarily approves a settlement in the amount of $ 15.25 million. A Final Approval Hearing is presently scheduled for February 11, 2010, which may be rescheduled by the Court. For information, contact Ian T. Stoll at istoll@lshllp.com.
In re Initial Public Offering Securities Litigation, No. 21-mc-00092– On October 5, 2009 the Court in the Southern District of New York granted final approval of a settlement in the case. See order
In re Initial Public Offering Securities Litigation, No. 21-mc-00092– On September 10, 2009 at 4:30 PM before the Honorable Shira A. Scheindlin, the Court in the Southern District of New York will hold a hearing for approval of a settlement in the amount of $586 million.
Kohen, et al. v. Pacific Investment Management Company, LLC, et al., No. 05 C 4681– On July 7, 2009, the Seventh Circuit Court of Appeals affirmed the District Court’s order granting class certification. See Order. On July 31, 2009, defendants’ petition for rehearing and rehearing en banc was denied. See Order.
Supreme Auto Transport LLC v. Arcelor Mittal et al. Case No. 1:08-cv-5468– On June 12, 2009 the Federal Court for the Northern District of Illinois denied Defendants Motion to dismiss the consolidated direct purchaser amended complaint.
In re Chocolate Confectionary Antitrust Litigation– On May 11, 2009 the Third Circuit Court of Appeals denied Defendants motion to file an interlocutory appeal for the District Court ruling denying Defendants Motion to dismiss the consolidated amended complaint. See order.
In re Amaranth Natural Gas Commodities Litigation– On April 27, 2009 the Court for the Southern District of New York granted in part and denied in part Defendants motion to dismiss the consolidated amended complaint. See order.
In re Flash Memory Antitrust Litigation– On March 31, 2009 the District Court of Northern California granted in part and denied in part Defendants motion to dismiss the consolidated amended complaint. See order.
Anwar et. al. v. Fairfield Greenwich Group et. al.– On December 19, 2008 Lovell Stewart Halebian filed a class action in New York state court, Anwar et. al. v. Fairfield Greenwich Group et. al., alleging that defendants were negligent, breached their fiduciary duties and unjustly enriched in connection with their dealings with Bernard Madoff and his company BMIS, resulting in substantial avoidable losses to their investors. For further information please contact either Christopher Lovell, Victor Stewart or Jody Krisiloff at 212-608-1900.
In re Optiver Commodities Litigation, 08-CV-6842 (S.D.N.Y.)– On February 11, 2009, the Court appointed Lovell Stewart Halebian LLP as Interim Co-Lead Counsel. For information, contact Ian T. Stoll at istoll@lshllp.com.
Gillespie v. Agrium Inc. et al. Case No. 1:08-cv-5253– On December 4, 2008, the Federal District Court for the Northern District of Illinois appointed Lovell Stewart Halebain as co-lead counsel for indirect purchasers.
Supreme Auto Transport LLC v. Arcelor Mittal et al. Case No.
1:08-cv-5468– On November 20, 2008, the Federal District Court for the Northern District of Illinois appointed Lovell Stewart Halebain as co-lead counsel for indirect purchasers.
Hyland v. HomeServices of America, Inc. et.al – On November 11, 2008, the Federal District Court for the Western District of Kentucky granted in part and denied in part plaintiffs’ Motion for Class certification. See order.
In re Amaranth Natural Gas Commodities Litigation, Master File No. 07-CV-6377 (SAS)(SDNY) - On October 6, 2008, the Federal Court for the Southern District of New York granted in part and denied in part Defendants' Motion to Dismiss. See Order.
In Re Digital Music Antitrust Litigation, No. 06 MD 1780 (LAP)(SDNY) - On October 9, 2008, the Federal Court for the Southern District of New York granted Defendants' Motion to Dismiss based on the Supreme Court ruling in Bell Atlantic v. TwomblySee Order.
In Re American ExpressSecurities Litigation, No. 02-5533 (WHP)(SDNY) - On October 9, 2008, the Federal Court for the Southern New York granted Defendants' Motion to Dismiss. See Order.
In Re Rail Freight Fuel Surcharge Antitrust Litigation, No. 07-489 (PLF)(DC) - On March 11, 2008, the Federal Court for the District of Columbia appointed Lovell Stewart Halebian as co-lead interim counsel for indirect purchaser plaintiffs. See Order
In Re Chocolate Confectionary Antitrust Litigation, No. 08-mdl-01935 (CCC)(MDPA) - On July 14, 2008, the Federal Court for the Middle District of Pennsylvania appointed Lovell Stewart Halebian as co-lead interim counsel for indirect end user plaintiffs.See Order
In Re Aftermarket Filters Antitrust Litigation, No. 08-cv-04883 (RWG)(ND Ill) - On October 7, 2008, the Federal Court for the Northern District of Illinois appointed Lovell Stewart Halebian as co-lead interim counsel for indirect plaintiffs. See Order
In Re TFT-LCD (Flat Panel) Antitrust Litigation, No. M 07-1827 (SI)(NDCA) - On August 25, 2008, the Federal Court for the Northern District of California granted in part and denied in part Defendants' Motion to Dismiss. See Order
