Types of Cases

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Proven Results

Kershaw, Cutter & Ratinoff provides outstanding representation to injured plaintiffs, businesses and consumers throughout the nation. KCR has obtained exceptional results in a wide range of cases in both federal and state courts and our proven record of effective advocacy has earned KCR attorneys court-appointed positions as lead counsel.

The KCR attorneys are recognized and respected as tough and effective trial lawyers, as well as experienced negotiators when settlement or arbitration is a viable option. Following are some of the cases our attorneys have handled in recent years:

$240 Million Guidant Defibrillator Settlement

KCR took a lead role in a nationwide case against Boston Scientific and Guidant arising from their recall of thousands of pacemakers and cardiac defibrillators. KCR was on the executive committee for this Multi-District Litigation (MDL) and represented more than 5,000 individuals who had defective Guidant cardiac defibrillators placed in their bodies. The plaintiffs will claim shares of the $240 million fund as part of a 2008 nationwide settlement.

$87 Million UPS Class Action Settlement

KCR served as co-lead counsel on behalf of 23,600 United Parcel Service (UPS) drivers to recover unpaid wages based on allegations that the employer failed to provide meal and rest periods. The cases settled in 2006 for an $87 million cash payment and other benefits to class members valued at more than $4 million.

This is believed to be the largest “meal and rest period” settlement in California history, and was one of the largest nationwide wage and hour settlements of 2006.

$1.1 Million Failure to Diagnose Cauda Equina Syndrome

KCR recovered $1.1 million in a chiropractic malpractice case in which the plaintiff’s chiropractor failed to diagnose Cauda Equina Syndrome, resulting in permanent paralysis. The compensation will pay for the client’s long term medical treatment and attendant care needs for the rest of his life.

Dangerous Diet Drugs Lawsuit

KCR investigated and conducted complex medical discovery in a number of cases in which plaintiffs developed PPH (Primary Pulmonary Hypertension) after ingesting the diet drugs Pondimin and Redux. These efforts resulted in substantial recoveries for these individuals and their families.

Johnson & Johnson Vicryl Suture Case Settlement

KCR defective medical devices attorneys successfully resolved several cases against Johnson & Johnson on behalf over 200 individuals who alleged they contracted post operative infections following the use of defectively manufactured Vicryl Sutures. After several years of litigation, the cases settled for a confidential sum.

Gynecare Intergel Settlement

KCR represented 60 women who alleged they were injured following the use of a medical product known as Gynecare Intergel. The product was marketed by a Johnson & Johnson subsidiary, Ethicon, Inc. and was recalled following its use in approximately 80,000 women. The cases settled for a confidential sum.

Insurance Bad Faith Settlement

KCR obtained a high six-figure settlement in an insurance bad faith claim arising out of a fire loss. This resolution will allow the family to rebuild their home and to pay for their personal belongings that were destroyed in the fire. The terms of the settlement are confidential.

$25 Million AOL Class Action Settlement

KCR served as lead counsel successfully resolving a class action case on behalf of approximately 11 million AOL subscribers who were double-charged subscription fees through a misleading pop-up advertising scheme. The settlement in this case was valued at approximately $25 million.

Best Buy Extended Warranty Consumer Class Action

KCR served as lead counsel in representing a class of several hundred thousand individuals who purchased extended warranties from Best Buy, and later learned that Best Buy’s extended repair services were substandard.

Ford Motor Company Class Action Settlement

KCR represented a class of individuals who were misled by Ford Motor Company regarding the rollover risks of Ford Explorers.

Allstate Auto Insurance Class Action Settlement

KCR represented and resolved a class action matter on behalf policyholders who were charged excessive premiums for Allstate auto insurance.

VeriSign Internet Security Certificates Case

KCR represented customers who were misled and overcharged by VeriSign for internet security certificates that did not provide any greater security than lower priced products offered by the same company.

JTS Communities Square Footage Case

KCR represented a large group of home buyers who were misled by the builder, JTS Communities, about the actual square footage of tract homes.

Linen Suppliers Nationwide Class Action

KCR served as co-counsel in a nationwide class action against several linen suppliers who added bogus “environmental surcharges,” overcharging restaurants and other businesses for linens.

Kaiser Permanente Medical Malpractice Arbitration

KCR achieved a six-figure arbitration award in a Kaiser medical malpractice dispute. The plaintiff was admitted to Kaiser Foundation Hospital to deliver a baby. Within days after undergoing a C-section surgery, she developed several severe infections. Treatment for the infections required hospitalization and prolonged treatment at home involving painful wound cleansing and care. The arbitrator determined that Kaiser’s failure to provide adequate antibiotics for plaintiff’s infections was the proximate cause of her pain and suffering.

$330 Million American Honda Motor Co., Inc. Settlement

KCR obtained a $330 million settlement against American Honda Motor Co., Inc. on behalf of all present and former Honda dealers alleging RICO violations relating to misallocation of vehicles in a widespread bribery conspiracy.

$180 Million Industrial / Environmental Pollution Settlement

KCR obtained a $180 million settlement against a Richmond chemical company for the release of sulfuric acid vapor in the San Francisco Bay area.

$46 Million Jenny Craig, Inc. Settlement

KCR obtained a $46 million settlement against Jenny Craig, Inc. for misleading advertising and improper business practices.

State Compensation Insurance Fund Class Action

KCR served as lead counsel on class certification in a class action against the State Compensation Insurance Fund on behalf of approximately 160,000 California businesses.

Subaru National Class Action

KCR served in an lead role in a national class action against Subaru of New England on behalf of dealerships.

Reprographic National Antitrust Class Action

KCR served in a lead role in national antitrust class action against a manufacturer of Reprographic equipment on behalf of school districts.

$75 Million Cremation Class Action Lawsuits

KCR was successful in obtaining multiple recoveries on behalf of class members, totaling more than $75 million against the funeral industry for improper handling of cremated remains.

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