Recognition of Excellence for K&W
Courts have consistently acknowledged the firm’s expertise in complex and class action litigation:
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Hanson v. Acceleration Life Ins. Co., Civ. No. A3:97-152 (D.N.D. Mar. 18, 1999)
Certifying class of Long Term Care policyholders, rejecting filed rate doctrine and denying summary judgment
12/11/99 Order approving final settlement of $14.7 million, pp.8-9:
“This litigation was hard fought throughout its two year pendency and required thousands of hours of counsels’ time and hundreds of thousands of dollars advanced for expenses, with significant risk of no compensation. Both local counsel and national class counsel are commended for their willingness to take on this cause when there were virtually no precedents to assure them of likely success. They are all highly skilled and well-experienced attorneys who appreciate the risky nature of this litigation, yet their desire to correct a perceived injustice suffered by a vulnerable group of people led them to take this risk. Counsels’ considerable skill, both in the substantive areas of this case as well as in discovery and class action procedure, together with their degrees of preparation were primary factors leading to the favorable settlement for the class. Of equal note is the fact that counsel unquestionably put the interests of the class far ahead of their own interest.” (emphasis added)
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Talalai v. Cooper Tire & Rubber Co., MID-L-8839-00MT, Mass Tort 249, (Law Div. Middlesex Cty.)
11/1/01 Opinion and Order Certifying National Class and Preliminarily Approving Settlement
The attorneys of Kanner & Whiteley, L.L.C. “have substantial jury trial experience with a number of multi-million-dollar verdicts, including a number of successful class action trials. The firm is known for its willingness to try class actions to verdicts and has done so on at least three occasions, winning every time”
9/13/02 Opinion approving Certification and Final Settlement of National Class, p.5
“The Stipulation was the result of extensive and intensive arm’s length negotiations among highly experienced counsel, with the benefit of extensive discovery and full knowledge of the risks inherent in this litigation.”
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Milkman v. American Travelers Life Insurance Co., No. 3775, (Ct. Cm. Pleas, First Judicial District, June Term 2000)
11/26/01 Preliminary Approval of National Class:
“As demonstrated by the credentials set forth in the Motion, the Plaintiff’s attorneys are more than capable of representing the interests of the Class and there do not appear to be any conflicts of interest between the Plaintiff and the Class.”
4/1/02 Final Approval of National Class: p. 47
“Again, the quality of the legal representation provided by Class Counsel is exceptional. The extensive experience of each of the firms and individual attorneys serving the Class is set forth in Kanner Affidavit Paragraphs 54 through 68. Moreover, the Court can attest to Class Counsel’s professionalism and skill, as demonstrated by the extensive memoranda of law and the first-class oral arguments delivered on behalf of the Class.”
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Bonilla, et al. v. Trebol Motors Corporation, et al., No. 92-1795 (JP) (D.P.R.)
$129,000,000 jury verdict in civil RICO class action against Volvo and local distributor
3/27/97 order describing the firm’s abilities as follows
“We have no trouble concluding that the experience and resources of Allan Kanner & Associates was a major reason that the plaintiffs’ class was able to so successfully present its case to the jury and achieve such an estimable result. Mr. Kanner, who served as lead counsel at trial, has perhaps as much experience litigating complex class action suits as any attorney in the United States. He has authored, chaired, consulted on, contributed to, and given articles, symposiums, classes, books, practice guides, etc. More importantly, his resume is replete with instances in which he served as counsel in complex class action suits. His experience was essential to the success realized by the plaintiffs in this action.” (emphasis added)
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Glass, Molders, Pottery Plastics, and Allied Workers International Union, et al. v. Wickes Companies, Inc., No. L-06023-88 (Sup.Ct., Camden Cty., February 24, 1992)
Certifying national class of workers who lost jobs as a result of tortious conduct occurring in the context of hostile corporate raid
Describing the firm’s abilities to represent the class as follows:
“Plaintiffs’ attorneys have extensive professional experience representing plaintiffs in class actions. Additionally, the attorneys representing the plaintiffs are equipped with the staff and resources to adequately handle a technical and complex class action. In short, I am satisfied that plaintiffs’ attorneys are committed to the class and competent to advocate its interest.” (emphasis added)
12/16/93 Order Approving Counsel Fee:
“This Court finds that the Kanner firm, [and co-counsel] have all provided outstanding service to the class and faithfully executed their fiduciary duties in connection with this litigation.” (emphasis added)
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Local 7-515, Oil Chemical and Atomic Workers International Union (OCAWIU), et al v. American Home Products, et al., Civ. No. 92-1238 (JP) (D.P.R.)
4/13/92 Order certifying national class of workers who lost jobs as a result of fraudulent job transfers to Puerto Rico under civil RICO theory
Oil Chemical and Atomic Workers International Union v. American Home Products, et al., Civil No. 91-1093 c/w Civil No. 92-1238
9/17/92 Order approving $24 million settlement, p.38
“Indeed, the Court affirmatively finds that Mr. Kanner and [co-counsel] have in all matters handled this case and conducted themselves, in relation to their co-counsel, with the highest degree of professionalism, integrity and ability. There is no doubt in the Court’s mind, based on his intimate familiarity with the record, that but for the outstanding efforts of Mr. Kanner and [co-counsel] there would not have been such a significant and landmark result in this case, and I have been telling you all this long before this moment.” (emphasis added)
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The Board of Commissioners of the New Orleans Exhibition Hall Authority v. Missouri Pacific Railroad Company, et al., No. 92-4155
2/15/96 Judgment:
“It must be said that both firms and all attorneys involved in this protracted litigation exemplified the highest standard of trial experience and skill which was brought to bear on this novel and difficult matter in a specialized area of the law.” (emphasis added)
Congress, State Legislatures and other Governmental Entities have also praised K&W’s work:
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“Long-Term Care – Buyer Beware,” Senate Report of the Committee on Post Audit and Oversight, Massachusetts Senate (Apr. 2002), pp. 14,28.
“In the absence of effective consumer regulatory protection, some have resorted to the courts. In the late 1990’s, Attorney Allan Kanner of New Orleans took the lead in filing a class action suit…”
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U.S. Commission on Civil Rights, Louisiana Advisory Committee, THE BATTLE FOR ENVIRONMENTAL JUSTICE IN LOUISIANA (Sept. 1993)
“The residents used legal action to challenge industry on environmental problems. There was no substantial support from civil rights or environmental groups, mainstream or grass roots. Attorneys played a primary role in the mobilization and resolution process.”