Recent Settlements
The Indiana Court of Appeals has issued its opinion in a case involving students' rights in the State of Indiana
May 2, 2008 - Ron Waicukauski and Jana Strain have been working on this case with Michael Weisman and Rebecca McIntyre of Weisman & McIntryre in Boston, Massachusetts since 2006. In April 2006, nine students filed this case against Governor Mitch Daniels, Indiana State Superintendent of Public Instruction, Sue Ellen Reed and the Indiana State Board of Education. The case sought a judicial determination that (1) the Indiana Constitution imposes an enforceable duty on the General Assembly to provide an education that prepares all of Indiana's children to function in a complex and rapidly changing society, to discharge the duties and responsibilities of citizenship, and to compete successfully with their peers for productive employment and opportunities for advancement through higher education; and (2) that Indiana's current system of financing education violates the Indiana Constitution because it fails to provide the Plaintiffs and thousands of other similarly situated Hoosier public school children with the constitutionally guaranteed education. In its opinion, the Court of Appeals recognizes, for the first time, that the Indiana Constitution "imposes a duty on the State to provide an education that equips students with the skill and knowledge enabling them to become productive members of society" and that it is appropriate for the courts to declare whether the State is fulfilling its duty to provide an education that "meets modern requirements." The decision reverses the trial court's dismissal of the case. Click here to read the opinion.
Class Action Certified in Case against Cape Canaveral Tour & Travel, Inc. and others
On February 14, 2008, the Court certified this lawsuit as a Class Action under Rule 23 of the Indiana Rules of Trial Procedure, which permits a member of the class to bring a lawsuit on his or her own behalf and also on the behalf of all persons who have the same or similar claims. Donyelle Thacker filed this lawsuit individually, and on behalf of all others similarly situated (hereinafter the "Representative Plaintiff".) This class action essentially asks the Court to determine whether or not the Defendants complied with Indiana law when sending mailings to residents of Indiana to solicit their vacation packages. Indiana law requires companies, like the Defendants, who solicit Indiana consumers by mail to include certain things in their mailings. These things include the Defendants' assigned registration number, the additional costs that might be added, and whether a person must attend a sales presentation regarding timeshares while on the vacation. Plaintiff alleges that the Defendants did not meet the requirements of Indiana law when making solicitations to class members between July 3, 2000, and July 3, 2002. Click here for more information.
Additional State Settlement Receives Final Approval in Class Action against AT&T
On June 28, 2007, Judge David F. Hamilton gave final approval to a settlement involving certain active railroad corridors in Louisiana where AT&T has installed fiber optic cable. To date, 37 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here
New York Gives Final Approval in Class Action against AT&T
On June 15, 2007, Judge Karla Moskowitz of New York County gave final approval to a settlement involving certain active railroad corridors in New York where AT&T has installed fiber optic cable. For more information about this settlement, please visit the official settlement website, Click Here
New Jersey Judge Gives Final Approval in Class Action against AT&T
On April 16, 2007, Judge Craig L. Wellerson of Burlington County gave final approval to a settlement involving certain active railroad corridors in New Jersey where AT&T has installed fiber optic cable. For more information about this settlement, please visit the official settlement website, Click Here
Additional State Settlements Receive Final Approval in Class Action against AT&T
On February 2, 2007, Judge David F. Hamilton gave final approval to settlements involving certain active railroad corridors in Colorado, Illinois, Indiana, Oklahoma, Oregon and Tennessee where AT&T has installed fiber optic cable. To date, 34 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here
Additional State Settlement Receives Final Approval in Class Action against AT&T
On September 19, 2006, Judge David F. Hamilton gave final approval to a settlement involving certain active railroad corridors in Pennsylvania where AT&T has installed fiber optic cable. To date, 28 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here
Additional State Settlements Receive Final Approval in Class Action against AT&T
On July 18, 2006, Judge David F. Hamilton gave final approval to settlements involving certain active railroad corridors in Kentucky and Utah where AT&T has installed fiber optic cable. To date, 27 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here
Court of Appeals Affirms Legal Malpractice Verdict
On July 11, 2006, the Indiana Court of Appeals issued an opinion affirming the judgment of the trial court and the jury's verdict for the plaintiff in the amount of $3,612, 574.00 in the case of Lite Machines Corporation v. Bennett, Boehning & Clary. In that case, Ronald Waicukauski and Carol Nemeth represented the plaintiff Lite Machines who asserted a legal malpractice claim against the Lafayette law firm of Bennett, Boehning & Clary. The malpractice claim arose out of the Bennett firm's representation of Lite Machines in a prior lawsuit brought by Lite Machines against Techno, Inc. Lite Machines alleged that in the prior case, the Bennett firm failed to perform adequate legal research, failed to take needed depositions, failed to cross-examine the opposing expert witness, and failed to present rebuttal evidence or argument and because of these failures, Lite Machines had not obtained the recovery from Techno to which they were entitled. The legal malpractice case went to trial in Boone Circuit Court in June 2004 and after eight days of testimony and argument, the jury returned its verdict its in favor of Lite Machines.
Additional State Settlements Receive Final Approval in Class Action against AT&T
On April 6, 2006, Judge David F. Hamilton gave final approval to settlements involving certain active railroad corridors in Florida and Mississippi where AT&T has installed fiber optic cable. To date, 25 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here
Two More State Settlements Receive Final Approval in Class Action against AT&T
On December 9, 2005 Judge David F. Hamilton gave final approval to settlements involving certain active railroad corridors in Iowa and Washington where AT&T has installed fiber optic cable. To date, 23 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here.
Case Filed by Leading Rosacea Internet Guru is Short-lived
On October 6, 2005, Fishers physiologist, Geoffrey Nase, agreed to abandon his legal battle against a group of people who started a website that had been critical of Geoffrey Nase just two months after filing for an injunction to shut down the website. The Defendant, represented by Ron Waicukauski of Price Waicukauski &Riley, LLC, will continue to maintain the on-line presence. Click Here to read the article which appeared in the Indianapolis Star on October 7, 2005.
Three More State Settlements Receive Final Approval in Class Action against AT&T
On July 8, 2005 Judge David F. Hamilton gave final approval to settlements involving certain active railroad corridors in Kansas, Maine and Texas where AT&T has installed fiber optic cable. To date, 21 settlements have received final approval in this nationwide action. For more information about these settlements, please visit the official settlement website, Click Here.
Two More State Settlements Receive Final Approval in Class Action against AT&T
On May 13, 2005 Judge David F. Hamilton gave final approval to settlements involving certain active railroad corridors in Minnesota and Vermont where AT&T has installed fiber optic cable. To date, 18 settlements have received final approval in this nationwide action. Five additional states have received preliminary approval. For more information about these settlements, please visit the official settlement website, Click Here.
Judge Certifies Security Guard Statewide Class Action
On March 15, 2005, U.S. District Court Judge, David F. Hamilton, certified a statewide class action against U.S. Security Associates, Inc. The class consists of "present and former security officers employed by U.S. Security Associates, Inc. who work or worked at any Indiana location from December 11, 2000 until the present." The Amended Complaint filed in this case alleges, among other things, that the Plaintiffs and similarly situated employees were required to report to work prior to the start of their shift, but were not compensated for that time. The Defendant, U.S. Security Associates, Inc. denies the allegations and asserts that the Plaintiffs and similarly situated employees were timely and properly paid for all compensable work. On April 15, 2005, Notices were mailed to all known current and former employees of U.S. Security Associates, Inc. Read More
Class Action Settlement Against Conrail Receives Final Approval
The Final Fairness Hearing was held on January 13, 2005. On January 18, 2005, Judge Thomas K. Milligan gave final approval to the class action settlement. If you would like more information please visit our right-of-way law website, Click Here.
Settlement Reached in Allen County Class Action against LNC Corp.
The Final Fairness Hearing was held on October 28, 2004 before Judge Boyer. The hearing went well and the Judge signed the Order Granting Final Approval to Class Action Settlement and Entry of Final Judgment. This Order approves of the Settlement Agreement. Read More
VIOXX RECALLED – SEPTEMBER 30, 2004.
Our office is actively accepting inquiries from Vioxx users and their families who have suffered cardiovascular complications including thromboembolic adverse events (swelling of extremities), angina pectoris and myocardial infarction while taking Vioxx. Click here to send us an e-mail or call us today toll-free at (866) 999-8469. Read More
Judge rules on contract dispute
On July 23, 2004 Judge Sarah Evans Barker in federal district court granted our motion for summary judgment on behalf of Sherwin-Williams in a case brought by Celadon Trucking. Read More
$3.6 Million Verdict Won for Lite Machines Corp. in Legal Malpractice case
Ronald Waicukauski and Carol Nemeth represented the plaintiff, Lite Machines Corp., in a legal malpractice claim brought against the Lafayette law firm of Bennett, Boehning & Clary. The malpractice claim arose out of the Bennett firms' representation of Lite Machines in a prior lawsuit brought by Lite Machines against Techno, Inc. Lite Machines alleged that in the prior case, the Bennett firm failed to perform adequate legal research, failed to take needed depositions, failed to cross-examine the opposing expert witness, and failed to present rebuttal evidence or argument and because of these failures, Lite Machines had not obtained the recovery from Techno to which they were entitled. The legal malpractice case went to trial in Boone Circuit Court in June 2004 and after eight days of testimony and argument, the jury returned a verdict in favor of Lite Machines in the amount of $3,612,574. Read More
Class Action Against CSX Transportation Receives Final Approval
On July 25, 2002, Judge William J. Hughes preliminarily approved a settlement in the above case. This settlement encompassed approximately 609 miles of abandoned CSX railroad corridors in the State of Indiana. The Settlement Center has completed the processing of claims. All qualified claims have been paid. The Declaratory Judgments have been issued for each county. The Declaratory Judgments have been filed with the Clerk of the respective County and are also be available our website, Click Here.
Grocer pays former female employees
Female employees settle for $1.2 million in equal pay case. Read More
Final Approval given to $2 Million Fish Kill Settlement
November 2001 – Approximately 738 property owners along with White River from Anderson to Indianapolis were eligible to participate in this settlement against Guide Corp., an Anderson based firm that released toxic pollutants into the river and Crown Environmental Group, a Cincinnati contractor who dismantled Guide’s wastewater treatment facility.
PWRD co-counsel for 9/11 victims
Thomas Burnett, Sr., et al. v. Al Baraka Investment and Development Corporation, et al., is currently pending in the United States District Court for the Southern District of New York. This multi-district litigation seeks to hold Saudi individuals and entities liable for the terrorist attacks of September 11, 2001. Read More
Jury Awards $2 Million Verdict to parents of AIDS victim
This lawsuit was filed by the parents of a young man who was diagnosed shortly after birth with hemophilia. He had been a long time user of AHF blood product concentrates for treatment of the hemophilia. Miles, Inc. through its agents and employees provided the AHF blood product concentrates. He contracted the HIV virus and developed AIDS as a result of using the defendant’s product. Following a seven week jury trial, the jury awarded $2 Million to the family.
