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Lawyers blame engineer in 2005 Metrolink train crash
Class Action News | 2009/02/05 16:29

Attorneys representing victims of a 2005 Metrolink train crash that killed 11 said this morning that they have uncovered new evidence that they believe shows the engineer was at fault for the accident.

The crash –- the second-deadliest in Metrolink history behind last September's incident in Chatsworth –- happened in the Glendale area after a train slammed into a sport-utility vehicle that had been left on the tracks.

The engineer noticed the reflection of the vehicle when he was about three-quarters of a mile away, but he waited until he was only 800 feet from the point of impact before applying the train’s emergency brakes, according to attorneys.

“He was duty-bound under the rules of Metrolink to put his train in emergency [braking],” attorney Jerome Ringler told reporters at a news conference. “Had he done so, there would have been no derailment.”

Ringler said his accusation is corroborated by data from the train’s event recorder box.

A spokesman for Metrolink, citing the pending civil case, said the agency had no comment on the allegations.

The driver of the sport-utility vehicle, Juan Manuel Alvarez, was convicted of murder and sentenced in August to 11 consecutive life terms. Prosecutors argued that Alvarez had intended to kill passengers in a twisted effort to gain attention from his estranged wife.

Ringler and attorney Brian Panish have filed a negligence lawsuit on behalf of a dozen victims against Metrolink. The case is scheduled to be heard in June in Superior Court.

Panish said operator error was a factor in the Glendale-area crash and the Chatsworth catastrophe that killed 25.

Federal safety investigators have said that preliminary evidence shows that the engineer in the Chatsworth crash sent and received dozens of text messages while on duty the day of the accident. The multi-agency probe, being led by the National Transportation Safety Board, is expected to take months to complete.

http://www.rkallp.com/metrolink-disaster-lawyers.html




Settlement limits insurers' claims in Vioxx deal
Class Action News | 2009/01/23 16:40
Former Vioxx users getting part of a $4.85 billion settlement ending most personal injury suits over the withdrawn painkiller will get a bigger piece of the pie, thanks to an unusual settlement Thursday with their health insurers.


Insurers who paid medical expenses for claimants in the settlement — one of the largest ever in the pharmaceutical industry — have been trying to recoup their expenses from the claimants. The insurers placed liens against any amounts recovered by thousands of former Vioxx users or their survivors, and unsuccessfully tried to make plaintiff lawyers disclose identities of all Vioxx claimants.

Under an agreement approved Thursday by U.S. District Judge Eldon Fallon in New Orleans, the amount the more than 100 private insurers participating in the deal can recover from liens will be reduced by at least half. There's also a sliding scale that limits the total an insurer can recover from each claimant, attorney Christopher Seeger, who negotiated the agreement, told The Associated Press in an interview.

Insurers could get at most 15 percent of a $100,000 settlement, or $15,000, and 10 percent of any settlements worth more than $250,000. It's the first such settlement with insurers in a mass litigation case, Seeger said.

"It's a great deal for the (insurance) carriers. It's a very good deal for the claimants," said Seeger, co-lead counsel for plaintiffs in the consolidated federal Vioxx cases.

Drugmaker Merck & Co., based in Whitehouse Station, N.J., pulled Vioxx off the market in September 2004 amid mounting evidence it greatly increased the risk of heart attack, stroke and death. That triggered tens of thousands of lawsuits from Vioxx users who claimed they were harmed.



Madoff Spinoffs - Another Investment Class Action
Class Action News | 2009/01/02 17:22
A class action in Manhattan Federal Court claims Tremont Market Neutral Fund was grossly negligent in handing over 27% of its money to Bernard Madoff for his alleged $50 billion Ponzi scheme.
    Here are the defendants in the Tremont Funds case: Tremont Market Neutral Fund LP, Tremont Partners Inc., Tremont Group Holdings Inc., Oppenheimer Acquisition Corp., Oppenheimer Funds Inc., Massachusetts Mutual Life Insurance Co., and Ernst & Young LLP.     

    A class action in Manhattan Federal Court claims these defendants handed over investments in the Rye Select Broad Market Fund to Bernard Madoff for his alleged Ponzi scheme: Rye Select Broad Market Fund LP, Tremont Partners Inc., Tremont Group Holdings Inc., Rye Investment Management, Jim Mitchell, and Robert Schulman.
    
    Three members of the Sciremammano family sued Bernard Madoff, saying he took more than $2 million from them, in Manhattan Federal Court.


Metrolink crash could lead to millions - possibly billions
Class Action News | 2008/09/22 15:57

Even as the first claim was made against Metrolink in the aftermath of the Chatsworth train disaster, legal experts are already saying the crash is likely to lead to hundreds of millions, if not billions in civil lawsuits.

Metrolink's position, say experts, is further complicated because the agency admitted that its own engineer error was the likely cause - a stance from which it is now attempting to back away from.

On Monday, the family of a 19-year-old woman who died in Friday's Metrolink crash announced it has filed a claim against the agency, alleging the agency failed to employ available safety mechanisms to protect commuters.

The claim made by relatives of Aida Magdaleno, a student at California State University, Northridge, is a precursor to filing a lawsuit against a public agency.

The agency already faces a potentially costly trial in the civil lawsuit brought by almost 200 plaintiffs in the Jan. 26, 2005 Metrolink derailment in which 11 people died and another 180 were injured.

Although that crash was caused by a mentally deranged man who last month was sentenced to 11 consecutive life sentences for his role, plaintiffs' lawyers are set to argue safety issues, including Metrolink's practice of pushing trains with the engine in the rear as it does on southbound trains from Ventura to Union Station.

That lawsuit is scheduled for trial next June 8.

As a governmental agency, lawyers noted, Metrolink cannot be subjected to punitive damages in any civil action - a situation those lawyers said likely protects it from a bankruptcy situation.
A spokesman for Metrolink said the agency would not be making any comments on potential legal issues.

Attorney Jerome Ringler, who served as lead counsel for victims of a Metrolink train derailment in Placentia in 2002, those in a Burbank derailment in 2003, and in the Glendale derailment in 2005, said the Chatsworth crash could expose further fault with Metrolink.

"I suspect the real reason these tragedies occurred is due to either simple inattentivenesss on the part of the engineers or a failure on the part of the railrood industry to allow these engineers adequate rest between shifts so that these kind of tragedies could be avoided," Ringler said.

"This is a horrible tragedy. They are facing hundreds upon hundreds of millions of dollars of exposure."

The latest Metrolink crash set off a flurry of activity from some law firms for clients among the victims' relatives - some already calling victims' families or showing up at their homes.




CHATSWORTH METROLINK DISASTER LAWYERS
Class Action News | 2008/09/18 09:21

Arnie Peterson's evening train, the Metrolink 111, banked to the left, toward the coast. The work week, and the metropolis, faded behind him.

He and his fellow travelers were a motley crew -- a lawyer with tasseled loafers; a young man with a shaved head and a profanity emblazoned on his shirt; Peterson, a 47-year-old cement worker for the city of Burbank, clad in his orange work shirt, headed home to Simi Valley after another long day. Normally, they would probably never be in the same room, but 10 times a week -- once in the morning, once in the evening, five days a week -- they were together.

Theirs was "an odd kinship. Many of them had communicated for years with little more than nods, and yet they were so respectful that they wouldn't think of stealing each other's favorite seats, so trusting that when they had to use the restroom, they would leave cell phones and briefcases on their seats without second thought.

Peterson was staring out the window, "thinking," he said, "about how it was Friday."

The terror, for some, began before impact. The left turn in the tracks, just above the Northridge-Chatsworth station, is very sharp. So commuters sitting by the windows on the left side could see the Union Pacific freight train headed straight for them.

"My first thought was: I'm not seeing this," said Albert Cox, 53, a regular rider who had boarded the train in Burbank and was on his way home to Simi Valley.

It was clear they could not stop soon enough. There was time for a few muffled screams before they hit.

Arnie Peterson found himself flying through the air, over six rows of seats. He is not, he pointed out, a small man.

Everything and everyone, for a moment, seemed airborne. Some of the tables, torn from their moorings, turned into missiles, hurtling toward the front of the train. Cox was thrown from his seat -- there were no seatbelts, since Metrolink trains are not designed for sudden stops -- and landed on a table, breaking it in two. "The table won," he said. Peterson was thrown, with 20 others, against one wall of the train.

Suddenly, but for black oil seeping from the freight train and black smoke billowing from the impact site, everything stopped moving.

"It was dead quiet," Peterson said.

Slowly, the sound built again -- moaning, then screaming. Phil Thiele, 55, of Simi Valley, had been sitting in the back of a Metrolink car. Now he looked up into the face of a man who was pinned between collapsed seats.

"He was pleading with me to help him," Thiele said. "I tried my damnedest to get him out, but I just couldn't."

Nearby, a woman with a serious head injury was trying to crawl through the wreckage. Thiele had received first-aid training this week at work; he urged the woman to stay put, and placed her purse under her head as a pillow.

Across the train car, through the darkness, a scream: the fire was spreading. Thiele turned back to the pinned man. "Don't worry," he told him. "I'll stay with you as long as I can."

Soon, the first firefighter peered inside. Help was heading toward the wreckage from every direction now, through the back of a residential cul-de-sac, running down bridle paths used by local families that board horses. The riders who could move on their own were clawing their way to safety.

"People were climbing out of the side, bleeding, crying, screaming," said Katharina Feldman, who was working out of her nearby home office and raced to the scene with bottles of water after calling 911.

Firefighters assigned her to a man whose head was gashed. The man asked her to call his wife; she did, while holding his IV.

Around them, the wounded came spilling out like ants in a rainstorm. Feldman spoke with a dazed woman in her 70s; she had broken her teeth and was having chest pains. Arnie Peterson was sitting on the ground, leaning against a fence. He had blood caked on his left arm; he wasn't sure, he said, if it was his or someone else's. One woman was carried out, her femur clearly snapped in two.

The injured were laid out in a triage area near the school. Those with moderate injuries were led to a large green tarp; those with serious injuries were led to a yellow tarp; those in the worst shape were laid out on a red tarp.

Some victims had their whole heads wrapped in gauze. One man was sitting on a lawn chair; a Barack Obama button was still affixed to his white T-shirt, though it was drenched in blood. Helicopters used a nearby soccer field where children were practicing an hour earlier.

Long after the sun set, family members pressed against police cordons, desperate for information.

--------------------------------------------------------------------------------

Special Message for Victims of Chatsworth Metrolink Disaster

On September 12, 2008, an unprecedented tragedy occurred in Chatsworth, California when Metrolink Train #111 struck a Union Pacific freight train which was traveling on the same tracks. Our hearts go out to the victims. But this tragedy should not have happened. It happened because of human error on the part of Metrolink employees. Unfortunately, as the lawyers of RKA know well, human error by railroad engineers is not at all unique as a cause of commuter rail disasters.

Jerome L. Ringler has greater experience in representing victims of commuter rail and fright train disasters than any other lawyer in the State of California, if not the country. He has served as lead counsel in every one of the largest commuter rail disasters which have occurred in Southern California in the past 10 years.

In the Placentia Commuter Rail Disaster of 2003, Mr. Ringler was appointed by the Court as lead counsel for all of the Plaintiffs. He was requested by all of the lawyers representing individuals injured or killed in that incident to try the first case. That case resulted in the largest verdict for Post Traumatic Stress Disorder ever rendered by a jury in the United States. That verdict, which was for $9 million, is detailed below in the multimedia section.

In the Burbank Commuter Rail Disaster, which also occurred in 2003, Mr. Ringler was again appointed by the Court to serve as lead counsel. In that capacity he was given the responsibility to try the entire liability (i.e., fault) case for all of the victims. In other words, every one of the dozens of lawyers who represented individual victims in that disaster trusted Mr. Ringler to try the liability phase for them, knowing that their clients would only recover if Mr. Ringler was successful. He was. In fact, Mr. Ringler not only obtained a favorable verdict for all of the plaintiffs, he obtained a $12 million verdict for his own client as well. This verdict was the largest in the State of California for a person with the type of injuries Mr. Ringler's client had suffered. This verdict is detailed below in the multimedia section.

Mr. Ringler is currently lead counsel for all plaintiffs in the Glendale Metrolink Derailment Disaster of 2005. This incident was, before September 12, 2008, the largest Metrolink disaster in history. Interestingly, in that case (which involves 11 deaths and dozens of serious injuries), Mr. Ringler has, against all odds, developed testimony proving that, even though a mentally-ill person placed a jeep across the tracks that the Metrolink train was traveling upon, human error on the part of the Metrolink engineer prevented him from stopping the train before hitting the jeep, which caused the train to derail. In other words, while the jeep certainly never should have been on the tracks, the Metrolink engineer would have been able to stop the train before ever striking the jeep had he only been paying proper attention. That case is scheduled to go to trial on June 8, 2009, with Mr. Ringler as lead counsel.

The verdicts detailed on this page all relate to railroad litigation. However, Mr. Ringler has achieved enormous, record-breaking monetary awards across California in a variety of complex areas. Those accomplishments are detailed elsewhere in this website. To see them, click here.

If you or a loved one has suffered injury or death as a result of the horrific Chatsworth Metrolink Disaster, we are available to discuss your rights with you confidentially and at no charge.

Please feel free to contact us at your convenience. Ask for Mr. Ringler,or any of his partners, at (213) 473-1900.




Billions to be shared by Enron shareholders
Class Action News | 2008/09/10 15:25
Enron Corp. shareholders and investors will split about $7 billion from financial institutions accused of participating in the fraud that caused the once-mighty energy company to collapse.

The settlement amount was listed at $7.2 billion, a sum that has been accruing interest since 2002 and includes $688 million plus interest in attorneys fees.

The deal, approved late Monday by U.S. District Judge Melinda Harmon, and the attorneys fees are the largest in history in a U.S. securities fraud case.

"We're pleased that the court recognizes the tremendous amount of work, skill and determination required to overcome significant obstacles in this complicated case," said Patrick Coughlin, attorney for the regents of the University of California, the lead plaintiffs.

About 1.5 million individuals and entities will be eligible to share in the distribution under the settlement plan. The attorneys fees will go to San Diego-based Coughlin Stoia Geller Rudman & Robbins LLP, the law firm representing the university.

Besides the University of California, other plaintiffs who will share in the proceeds include pension plans from New York City and Hawaii, various investment firms and the Archdiocese of Milwaukee.

The distribution plan was part of a $40 billion lawsuit filed by shareholders and investors, who claim Bank of America, JPMorgan Chase & Co., Citigroup and others participated in the accounting fraud that led to Enron's downfall.

Calculating shares of the $7.2 billion will be determined by a formula that factors in such things as the stock's purchase price and the type of stock bought.

At its height, Enron's common stock sold for as much as $90 per share, before plummeting to as low as $1 right before the company declared bankruptcy.

Under the plan, investors will get an average of $6.79 per share of common stock and an average of $168.50 per share of preferred stock.

To be eligible for the settlement, investors and shareholders needed to have bought Enron or Enron-related securities between Sept. 9, 1997 and Dec. 2, 2001.

Attorneys for several investors objected to the distribution plan and the attorneys fees.

Texas Attorney General Greg Abbott, who had previously filed court briefs in support of plaintiffs' claims, also objected to the attorneys fees.

"General Abbott continues to object to giving millions of dollars to plaintiff lawyers when that money should go to the hardworking men and women who suffered from Enron's demise," said Jerry Strickland, a spokesman for Abbott's office.

"This court reiterates that there is no way to allocate these proceeds that would not in some way favor or disfavor to some degree some of the class members," Harmon wrote in her order. "On the whole, the court finds that ... the chosen method is fair, adequate and reasonable."

Harmon also said the attorneys fees, which are 9.5 percent of the settlement, are "fair and reasonable."

Several financial institutions have not settled and remain as defendants in the Enron case, including Merrill Lynch & Co., Credit Suisse First Boston and Barclays Bank PLC. Several former Enron officers also remain as defendants, including former chief executive Jeffrey Skilling, now serving a criminal sentence of more than 24 years in federal prison in Minnesota.

But the lawsuit has been on hold since an appeals court last year ruled shareholders and investors could not sue as a class, which would have allowed them to sue as a group and have more leverage to settle the case out of court.

The U.S. Supreme Court in January refused to hear arguments in the lawsuit. The high court in a similar case gave a measure of protection from securities lawsuits to suppliers, banks, accountants and law firms that do business with corporations engaging in securities fraud.

Because of that ruling, Harmon is still deciding whether the financial institutions that remain as defendants will be dismissed from the lawsuit.

Enron, once the nation's seventh-largest company, entered bankruptcy proceedings in December 2001 after years of accounting tricks could no longer hide billions in debt or make failing ventures appear profitable.

The collapse wiped out thousands of jobs, more than $60 billion in market value and more than $2 billion in pension plans.

Enron founder Kenneth Lay and Skilling were convicted in 2006 for their roles in the company's collapse. Lay's convictions for conspiracy, fraud and other charges were wiped out after he died of heart disease in 2006.



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