Kershaw, Cutter & Ratinoff (Kershaw Talley) provides outstanding representation to injured plaintiffs, businesses and consumers throughout the nation. We have obtained exceptional results in a wide range of cases in both federal and state courts and our proven record of effective advocacy has earned Kershaw Talley attorneys court-appointed positions as lead counsel.
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff took a lead role in a nationwide case against Boston Scientific and Guidant arising from their recall of thousands of pacemakers and cardiac defibrillators. Kershaw Talley 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.
$220 Million Medtronic Sprint Fidelis Defibrillator Settlement
Kershaw, Cutter & Ratinoff partner Brooks Cutter was appointed by the Federal Court to the Plaintiff’s Steering Committee in the Medtronic Sprint Fidelis product liability case, which settled for over $220 million.
$87 Million UPS Class Action Settlement
Kershaw, Cutter & Ratinoff 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.
$45 Million Jury Verdict against Ford Motors Company
A $29.6 million jury verdict on behalf of eleven heavy truck dealers in the Ford Motors breach of contract lawsuit increased to $45 million in August 2012 to reflect interest accrued over the life of the suit. The case, which took 13 years of litigation, was based on allegations that Ford violated its franchise agreement for failing to supply the dealers with heavy trucks following sale by Ford of its heavy truck business to Freightliner in 1997. The eleven dealerships were located throughout the United States.
$23.5 Million Qui Tam Settlement against Medtronic, Inc.
Brooks Cutter and co-counsel pushed for the successful resolution of certain government fraud claims brought against Medtronic, Inc, one of the world’s largest medical device manufacturers, for $23.5 million.
$7.6 Million Spinal Cord Injury Medical Malpractice Jury Verdict
In what is believed to be one of the largest medical malpractice jury verdicts in Sacramento County,Brooks Cutter and Eric Ratinoff won $7.6 million on behalf of a young woman rendered T4 paraplegic due to U.C. Davis Medical Center’s failure to diagnose a tumor on her thoracic spine. The verdict will enable the young woman to move forward with her life independently and pursue further educational opportunities with the care resources that she needs.
$2.1 Million Traumatic Brain Injury Settlement
Attorneys at Kershaw, Cutter & Ratinoff achieved a $2.1 Million policy limit settlement on behalf of a young man who suffered severe traumatic brain injury (TBI) when his motorcycle was hit broadside by an automobile that ran a red light. The settlement funds will provide the young man with life-long medical and attendant care, physical and occupational therapy, reimbursement for loss of wages and income, and future living expenses.
$1.5 Million Class Settlement Defending Temporary Employees Rights
Bill Kershaw and lawyers at Kershaw, Cutter & Ratinoff recovered a $1,510,000 million class action settlement in litigation initiated by a temporary worker against her former employer, Digital Intelligence Systems Corp. (“DISYS”). The settlement resolves claims on behalf of all current and/or former temporary services employees who worked for DISYS between July 7, 2008 and December 18, 2012. Of 1,747 class members, only five opted-out and not a single class member objected. Furthermore, the settlement provided significant relief, including a payment for more than $9,200. Over 100 class members were eligible to receive settlement payments in excess of $1,000.
$1.1 Million Failure to Diagnose Cauda Equina Syndrome
Kershaw, Cutter & Ratinoff 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.
Kershaw Talley Takes on Insurance Heavyweight CSAA
Brooks Cutter recently served as co-lead counsel with Robert Buccola of Dreyer Babich Buccola & Wood on behalf of a class of policyholders against CSAA for its failure to waive deductibles for its insureds. After hard fought litigation, a settlement was achieved that provides a complete deductible refund, plus interest to affected class members. The amount of the settlement will be determined by the number of qualifying claims that are filed; however the potential settlement value of the case is estimated at $83 million. For further information, go to johnsonumsettlement.com.
Confidential Case Settlement: Failure to timely diagnose Bacterial Meningitis
Attorneys at Kershaw, Cutter & Ratinoff obtained a confidential medical malpractice settlement on behalf of an 11 year old girl who suffered a cerebral artery stroke after her pediatrician negligently failed to diagnose bacterial meningitis.
Settlement proceeds will provide the girl with special tutoring, physical and occupational therapy, assistive devices and other services to help her recover from the stroke.
Dangerous Diet Drugs Lawsuit
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff 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.
Kershaw Talley’s Eric Ratinoff resolved another insurance bad faith case, wherein the insurance company low-balled an underinsured motorist claim. The case was arbitrated, and the insurance company was ordered to pay more than five times its highest offer. Mr. Ratinoff then sued the company for its bad faith in handling the claim. The case settled for a substantial and confidential amount.
$25 Million AOL Class Action Settlement
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff 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
Kershaw, Cutter & Ratinoff represented and resolved a class action matter on behalf policyholders who were charged excessive premiums for Allstate auto insurance.
VeriSign Internet Security Certificates Case
Kershaw, Cutter & Ratinoff 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.
Linen Suppliers Nationwide Class Action
Kershaw, Cutter & Ratinoff attorneys 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.
HMO Medical Malpractice Arbitration
Kershaw, Cutter & Ratinoff achieved a six-figure arbitration award in a medical malpractice dispute against an HMO. The plaintiff was admitted to a 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 the hospital’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
Kershaw, Cutter & Ratinoff attorneys 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
Kershaw, Cutter & Ratinoff attorneys 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
Kershaw, Cutter & Ratinoff attorneys obtained a $46 million settlement against Jenny Craig, Inc. for misleading advertising and improper business practices.
State Compensation Insurance Fund Class Action
Kershaw, Cutter & Ratinoff attorneys 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
Kershaw, Cutter & Ratinoff served in an lead role in a national class action against Subaru of New England on behalf of dealerships.
Reprographic National Antitrust Class Action
Kershaw, Cutter & Ratinoff attorneys 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
Kershaw, Cutter & Ratinoff attorneys were 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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