Caddell & Chapman’s Role in Class Action Litigation

Caddell & Chapman’s typical role in class action litigation is as either lead or co-lead counsel (or in another leadership position). For example, past cases in which Caddell & Chapman has served in such a role include

1. In re Navistar Diesel Engine Products Liability Litigation (MDL-2223): This MDL proceeding consolidated around 35 cases nationwide. Michael Caddell was lead counsel. The settlement, approved on July 2, 2013, by Judge Matthew J. Kennelly in the U.S. District Court for the Northern District of Illinois, provided partial reimbursement for post-warranty engine repair costs to over one million owners of Ford vehicles with 6.0-liter PowerStroke diesel engines. Judge Kennelly stated that the settlement could be seen as paying roughly 50% of the full value of the class members’ claims, and was “clearly fair.”
2. Polybutylene National Class Action Litigation (Cox v. Shell): This case involved over $1 billion in recovery for the class. Michael Caddell was Co-Lead Counsel and served as Chairman of the Board of the Consumer Plumbing Recovery Center, which administered the settlement and replumbed over 320,000 homes at no cost to individual homeowners.
3. In re: Sulzer Hip Prosthesis and Knee Prosthesis Liability Litigation: This national class action resulted in a $1 billion recovery. Michael Caddell was Special Counsel to the Plaintiffs’ Steering Committee and part of the team that negotiated the initial $750 million settlement with Sulzer.
4. Hotchkiss v. Little Caesar Enterprises: A national class action in Texas and Michigan, resulting in a $350 million settlement and the restructuring of Little Caesar’s franchise. Michael Caddell was lead counsel.
5. In re Hyundai and Kia Horsepower Litigation: This national class action in California led to approximately $125 million in cash and/or debit cards for the class. Michael Caddell was co-lead counsel.

Recent successes include:

6. Elihu, et al. v. Toshiba: A national class action settlement in California that provided extended warranties and other relief for over 860,000 Toshiba laptop purchasers.
7. Hooker v. Sirius XM Radio Inc. (No. 13-cv-00003): A nationwide Telephone Consumer Protection Act settlement providing three months of free Sirius XM service, $35 million in cash, and injunctive relief. Judge Arenda Wright Allen approved this settlement on December 22, 2016.
8. Smith v. Harbor Freight Tools USA, Inc. (No. 2:13-cv-062620-JFW-VBK, C.D. Cal.): Final approval was granted in 2015 for a settlement providing over 12,000 consumers with cash or gift-card relief for alleged FCRA violations. The settlement received no objections and only one opt-out.
9. Henderson v. Acxiom: A $20.8 million nationwide FCRA settlement approved on August 7, 2015.
10. Farmers Insurance Class Action: This settlement addressed alleged improper deductible subtractions from payments for losses exceeding policy limits, approved on January 13, 2014. Class members received compensation for 100% of alleged underpayments, plus interest.
11. Berry v. LexisNexis: A nationwide settlement for injunctive relief for over 200 million consumers, and a $13.5 million fund for a damages class. Approved by Judge James R. Spencer on September 5, 2014, and affirmed by the Fourth Circuit.
12. Hawkins v. S2Verify, LLC (No. 15-cv-03502-WHA, N.D. Cal.): An FCRA action with final approval, where approximately 4,295 class members received cash payments exceeding $176 each.
13. Zakskorn v. Am. Honda Motor Co.: A nationwide class action settlement approved on June 9, 2015, by Judge Kimberly J. Mueller.
14. Teagle v. LexisNexis Screening Solutions, Inc.: A nationwide FCRA settlement given final approval on July 31, 2013, by Judge Richard Story.
15. Williams v. LexisNexis Risk Management: A $22 million FCRA settlement approved on June 25, 2008.
16. Hardy v. Hartford: This settlement provided injunctive and monetary relief for a nationwide class of Hartford insureds regarding the payment of General Contractors’ overhead and profit on property damage claims. Approved by Judge Bury on June 18, 2008.
17. In re Trans Union Corp. Privacy Litigation (Case 1:00-cv-04729, MDL Docket No. 1350): The $75 million settlement, one of the largest FCRA settlements in history, included over 190 million class members. Approved by Judge Robert Gettleman on September 17, 2008.
18. Williams Ambulance, et al. v. Ford Motor Co.: This settlement, approved by Judge Marcia Crone on July 2, 2009, involved 20,000 defective ambulances and provided extended warranties, repair reimbursements, and enhanced service from Ford.

Cynthia Chapman’s Contributions:

• Cynthia Chapman served on the Plaintiffs’ Steering Committee and as Co-Chair Liaison of the Law Committee in In re: Medtronic, Inc., Implantable Defibrillators Products Liability Litigation (MDL-1726), with a settlement of over $100 million approved.
• Ms. Chapman was Co-Lead Counsel in a national class action settlement involving approximately 80,000 purchasers of Nissan’s 350Z.