We’re happy to report that the court recently certified the case as a class action under the UTPA. In its order certifying the class, the Multnomah County Circuit Court found that even though individualized issues relating to damages exist, the case would be most effectively and efficiently handled if the court and the parties have answers to the common question of whether Dean Innovations is liable under the UTPA. The court also held, applying the Oregon Supreme Court’s decision in Pearson v. Philip Morris, that any customer who purchased the products at issue from Dean Innovations purchased a product that was potentially contaminated with Clopyralid, an herbicide, and that selling a planting or composting mix that is potentially contaminated with herbicides could violate the UTPA.

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Both classes seek damages for Eighth Amendment and state-law violations in failing to provide adequate medical care, failing to implement and enforce social distancing and masking measures, and continuing to confine without the capacity to treat, test, or prevent the spread of COVID-19. The district court certified the classes under Federal Rule of Civil Procedure 23(b)(3), finding that individualized questions of damages and causation do not predominate over questions common to the class, and that class treatment for both classes would be superior to and more manageable than thousands of individual liability trials, even if group or individual trials are later required to determine individualized damages. In its order certifying the classes, the court also bifurcated the trial of the class claims in two phases.

In early 2021, the district court in Maney issued an order requiring Governor Kate Brown and the Oregon Health Authority to prioritize adults in custody for COVID-19 vaccine distribution at the same level as others living in congregate living settings.

If you are a class member and would like more information about the status of the class action, please visit ODOCcovidclassaction.com.

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Chemical weapons are designed to inflict pain. And they do that well. They were used to quell protests and inflict pain on protesters. In that sense, their use is indefensible.

But it gets worse.

The county jail is adjacent to the protest site. Most of the people held there are being detained pending trial.

The chemical weapons repeatedly entered the jail through the ventilation system, and people incarcerated there were repeatedly contaminated by these chemicals. Unlike protesters who could run away from gas, people incarcerated while awaiting trial can’t move. Their stories are harrowing.

We filed suit today to stand up for people who were harmed by chemical weapons while being held at the Multnomah County jail. The case is Davis v. Multnomah County, US District Court Case No. 3:20-CV-2041. A copy of the complaint, which provides much more detail, is here: Davis v. Multnomah Co Complaint

The post Gassing protesters is bad. Gassing prisoners is worse appeared first on Sugerman Dahab.

Portland protesters put their bodies on the line to stand for Black Lives Matter. Donald Trump and Chad Wolf chose to send in federal agents who gassed, shot, and beat Portland protesters. Lines have been crossed. We will not sit quietly while peaceful protesters are gassed, beaten, and shot.

We filed a class action complaint today in federal court in Portland. The case is Clark v. Wolf. I am serving as lead counsel and look forward to doing my part to stand up for Black lives, to stand against the darkness, and to protect the rule of law.

Here is a copy of the complaint: Complaint Dkt 1 

David

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Here is the official court-approved settlement website. Great write ups on the case are here and here.  The second round of checks are for just over $94. If you received a check last year, you’ll get another at the same address. Please be on the lookout, and please cash it!

We’re really excited that this payment is coming when people are needing it most. Times are tough–we know this will help a lot of folks. There is nothing better in what we do.

Thanks for your patience. Please note that if you have questions, you can reach me via email david@sugermanlawoffice.com

-David

The post Another payment: Scharfstein v. BP West Coast appeared first on Sugerman Dahab.

In a nutshell, we’re pursuing claims under the Oregon Unlawful Trade Practices Act. We’re demanding that Deans make it right. They need to refund purchase prices for all sales of the tainted products and cover remediation costs, including removal, hauling, and disposal of tainted soils. There are other claims that will be presented, as well.

I expect this will be another long case. But we’re committed to doing what is necessary because those of us who garden should never have to worry if the garden supply seller is delivering a load of the healthful, beneficial product that they promised or a load of poison.

David

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So the case is over, right?

Not necessarily. BP may ask the U.S. Supreme Court to review the case. They have approximately three months to file a petition asking the U.S. Supreme Court to review the case. They must file a petition for a writ of certiorari in the Supreme Court if they want to continue the fight.

The U.S. Supreme Court reviews very few cases like this one. The odds are that the U.S. Supreme Court will decline the petition, if BP chooses to file it. If BP chooses not to file the petition, they must pay the judgment. If they file the petition, payment is not due until the U.S. Supreme Court denies the petition or–if it grants the petition–until the U.S. Supreme Court fully affirms the Oregon courts’ rulings.

So whether it’s over is up to BP. Have they had enough? Who knows!

The one thing is that delay is very costly. Under our state court rules, interest runs at 9 percent per year.

As most people know this is a very big judgment–over $400 million. It’s that big because BP ripped off 13,000 people per day in Oregon, and a total of over 2 million consumers were illegally charged debit card fees.

When a judgment is more than $400 million, interest runs at over $100,000 per day.  That’s everyday.  So it’s really expensive for BP to continue the fight.

As always, thanks for your patience. We’re winning, and that is always awesome. And we will see this through to the end.

-David Sugerman

The post Update BP/ARCO Debit Card Overcharge Case: More Good News appeared first on Sugerman Dahab.

Meanwhile, we soldier on. If you need solace about the delay, here is something that will brighten your day. Our judgment is over $400 million. It earns interest at $100,000 per day. So if the delay gets you down, just know that BP is paying a ton of cash for taking the long way.

We’ll let you know more when have more news to report. Meantime, keep the faith.

-David

PS Here is the opinion for those interested in such things:  COA opinion 053118 

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We’re pleased with the settlement and happy to report that the court approved it in full.

The judgment was entered today (one of the last big hurdles), and we now know that payments will be mailed out on August 10, 2018.

We’re still moving forward with individual arbitrations for those former class members who have to go to arbitration first. We expect to file hundreds of arbitration cases. We will see those through to the end, no matter how long it takes.

Thanks for your patience-

David

The post Western Culinary Inst./Le Cordon Bleu Portland–Settlement Approved appeared first on Sugerman Dahab.

Under the settlement, class members will get refunds of 44 percent of the amounts that they paid for tuition, books, and fees. The 44 percent is reduced for class members who owe money directly to the school. (That reduction does NOT apply to student loans; it’s only if you owed money directly to the school.) The settlement must be approved by the court, so it is not a done deal, and we still have far to go.

There are some other features to the settlement. About $1 million in debts owed by students back to the school will be wiped clean. The defendants will pay attorney fees on top of the refund amounts. The Court will decide how much in attorney fees we will receive.

There is one other feature that is kind of a big deal. In the world of student loans, a borrower can defend against a collection action by raising the fraud of the school. Under the settlement, class members can still litigate the fraud of the school as a defense to loans. Also, they can use the information that we gathered over the last 10 years to help defend against collection actions. It is possible that former students could have their loan balances wiped away.

The student loan wipe-away is something that class members will have to undertake on their own–Sallie Mae and Navient were not parties to this case. Class members who want to pursue that option will need to hire their own student-loan defense lawyers. If you’re in Oregon, Washington, or Idaho, we can provide a reference.

So if you’ve read this far, you probably want to know how much and when. If all goes well, payment would be sometime this summer. But it could be delayed. As far as how much, it’s simply math. If you paid $40,000 toward an associates degree–many paid more–and you don’t owe money back to the school, your 44 percent refund would pay back $17,600.

To get the money, you will need to file a claim. Claim forms should be going out in March. Once the claim period starts, you will have 90 days to file your claim. If you don’t file it by then, you lose your right to make a claim, and Career Education Corp. gets to keep the money. We don’t want that to happen! So we’ll be working with you to make sure that you get your claim filed.

Also, this settlement doesn’t apply to those who have to go to arbitration. If you’re in the arbitration group, we can continue to help you, but you have to help us help you. We are pursuing refunds for the arbitration group and will do whatever is necessary to achieve a recovery. If you’re a member of the arbitration group and haven’t done so, please sign up through our portal. There are deadlines for filing for arbitration. If you don’t take action, your rights will be lost.

So that’s the story. We’re pleased with our progress and this development. And of course, we will continue forward.

-David

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