(216) 522-9000 / (866) 522-9500 toll free | Call us now for a No Obligation and Confidential Consultation

Helpful Advice

Class Action Cleveland

Class Action

No Obligation and Confidential Consultation

Fair Labor Standards Act Claims

Federal law protects the rights of many working families to receive overtime pay, retirement benefits, and other employment benefits. In many cases, employers are legally required to provide those benefits. But there are some narrow exceptions. Sometimes, corporations try to squeeze into an exception so that they don’t have to pay time-and-a-half or offer benefits packages. Many times, however, these practices are unlawful and deprive workers of benefits to which they are entitled. The collective claims of employees who have been deprived of the legal rights and benefits encompassed in their employment relationship can be most effectively pursued in a class action

As an example, some restaurant chains and retail stores have misclassified some of their employees as exempt from overtime. They do this by creating “assistant manager” positions or other salary positions. But if the employee continues to do the same hourly-type work, the employee should receive overtime and the employer has violated the Fair Labor Standards Act (FLSA).

Another example includes companies that try to avoid having to provide employee benefits to certain workers by misclassifying them as “independent contractors” rather than employees. Notwithstanding how the company defines the employee, if the work is controlled by the company, the worker should receive retirement and other benefits and the company has violated the Employee Retirement Income Security Act (ERISA).

Team LGM has experience in these areas and is currently litigating FLSA and ERISA cases. If you believe that a company you work for may have misclassified you, a family member, or friend, please contact us for a no cost consultation to learn about protecting your rights.

Insurance Fair Practices

Insurance companies have express and implied obligations they must adhere to in the claims process. Carriers have a duty to investigate and to rationally evaluate claims; they must do so in a timely manner and make reasonable settlement offers in order to protect their insured’s interest. An insured who has paid a premium to an Insurance company for such protections has a contractual right to these benefits under the insurance policy. Further, and perhaps most importantly, an insurance company must provide a defense to the insured – its customer- when claims are made. Typical insurance policies provide that a defense (the immediate appointment of counsel ) and the cost of the defense is required to be provided by the insurance carrier, at no cost to the insured, in order to make sure the insured is protected. A breach of the duty to defend by an insurance carrier is the ultimate failure, as it can result in the insured having to pay out of pocket for a benefit encompassed in their policy and/or exposure to risk that in the absence of protection can result in financial ruin for a party that gets sued.

When the insurance companies ignore these responsibilities to their insured’s, it constitutes a breach of the insurance contract and may give rise to bad faith insurance practices. In such instance, the insured can bring direct claims against the insurance company to recover for the direct losses suffered as a result of the insurance companies actions and/or inaction.

Fair Debt Collection Action

FDCA Act. Federal law protects debtors from abusive tactics deployed by some debt collectors. Many of these debt-collection rules govern how a debt collector may go about collecting a debt and how a debt collector may communicate with a debtor. Often, the same debt collector may use the same illegal collection tactic on thousands of people, so even a small violation, if done over and over again, can cause major harm to the whole system of fair play.

Team LGM is currently litigating and investigating violations of state and federal law involving debt collectors.  For example, in Wiese v. CACH, LLC, our clients claim that a debt collector filed collection lawsuits – and went so far as to garnish people’s wages – even though it was not registered with the state to conduct that activity.  If you have been victim of abusive tactics by a debt collector, please contact us for a free consultation.

Dangerous/Deceptive Product Litigation

Fraud occurs in the consumer marketplace every day.  In many transactions it is virtually impossible for an individual to independently recognize deceptive trade practices or unconscionable business practices until it is too late. Moreover, no matter the extent of effort put forth by our government, including the State Attorneys General, to police the conduct and ethics of businesses across the States, limited manpower and resources restrict the ability to completely eliminate fraud in the consumer marketplace, leaving citizens openly exposed in their consumer transactions and creating opportunity for unethical and unscrupulous business practices. In many instances, consumer fraud involves the theft of small amounts of money from a significant number of people. Pursuing a claim for such a limited recovery does not generally make good economic sense and the fraudulent actors are well aware of this reality. If the cost of the legal claim outweighs the likely recovery no one will pursue such a claim. In this instance, the only feasible remedy for the consumer is a class action lawsuit where the combined losses of all victims can be pursued in a single action on behalf of a class of individuals who as a united group can effectively hold the wrongdoer accountable.

Consumer Fraud

Consumer FraudFraud occurs in the consumer marketplace every day. In many transactions it is virtually impossible for an individual to independently recognize deceptive trade practices or unconscionable business practices until it is too late. Moreover, no matter the extent of effort put forth by our government, including the State Attorneys General, to police the conduct and ethics of businesses across the States, limited manpower and resources restrict the ability to completely eliminate fraud in the consumer marketplace, leaving citizens openly exposed in their consumer transactions and creating opportunity for unethical and unscrupulous business practices. In many instances, consumer fraud involves the theft of small amounts of money from a significant number of people. Pursuing a claim for such a limited recovery does not generally make good economic sense and the fraudulent actors are well aware of this reality. If the cost of the legal claim outweighs the likely recovery no one will pursue such a claim. In this instance, the only feasible remedy for the consumer is a class action lawsuit where the combined losses of all victims can be pursued in a single action on behalf of a class of individuals who, as a united group, can effectively hold the wrongdoer accountable.

Securities Fraud

Securities FraudWhen a publicly traded company issues false and misleading statements about the company’s financial performance and operations or, in the alternative, through fraudulent accounting practices or omissions deprives the general public of knowledge necessary to make educated and informed decisions about the company, it constitutes securities fraud. Civil securities fraud, also known as investment fraud, is a practice where investors are deceived and manipulated by the company resulting in economic loss. Recent examples of securities fraud include the Enron and Worldcom scandals which caused financial ruin for many investors. Securities fraud class actions are brought under the Private Securities Litigation Reform Act of 1995 (the “PSLRA”). Shareholders as class members operate under a theory that the fraud undertaken by the company served as a fraud on the entire market and therefore the remedy is best pursued through the class action vehicle rather than in the form of individual claims by millions of shareholders.

Antitrust Litigation

Antitrust LitigationLandskroner Grieco Merriman, LLC’s class action antitrust practice includes representation of businesses and individuals who have been the victims of price-fixing, monopolization, and other anti-competitive conduct. We have participated in both state and federal antitrust cases brought in Ohio and throughout the country protecting the public interest from both unfair and deceptive trade practices, and ensuring market competition.

Search

Meet Your Team

Meet Our Team

  • Super Lawyers - Jack Landskroner
  • Super Lawyers Paul Grieco
  • Super Lawyers Drew Legando
  • Super Lawyers Tom Merriman
  • Landskroner Grieco Merriman LLC - BBB
  • TeamLGM Martindale
  • Top Attorney - Jack Landskroner
  • NBTA Logo
  • Preeminent Logo