Secured Dismissal of Class Action Suit Against Third Party Administrator

Secured Dismissal of Class Action Suit Against Third Party Administrator

Rob Klein and Andrew Feldman were successful in securing a dismissal of a class action lawsuit against the Third Party Administrator of a municipal worker’s compensation program. The Plaintiff had contended that the Third Party Administrator and its municipal client had failed to comply with the mandates of Florida’s “Heart Lung” bill, which provides for certain presumptions of injury where first responders are diagnosed with respiratory or cardiac disorders. The Defendant argued that the class action could not be brought in the State’s circuit court, given the exclusive jurisdiction set forth in Chapter 440, Florida’s Worker’s Compensation statute. The Defendant also argued that the case was not appropriate for class-wide resolution.

Rob Klein and Alex Diaz were successful in a two week jury trial, based upon claims of legal malpractice, breach of fiduciary duty, and conversion. The claim was based in part upon the Plaintiffs’ contention that the Defendant attorneys had recovered an excessive fee while serving as counsel for several objectors in class action litigation against the Bank of America. Plaintiff’s also claimed that the objections had not been properly presented or preserved for appeal, despite the fact that the trial court in the class action proceedings ultimately ruled that some $35 million would be placed back into the class award, as a result of a cy pres objection that was raised by the Defendant attorneys. The jury returned a verdict for the Defendant attorneys in less than two hours.