$135 million Navistar MaxxForce Engine Settlement. On January 3, 2020, Judge Gottschall granted final approval to a class action settlement in the lawsuit known as In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation, Case No. 1:14-cv-10318 (N.D. Ill.). The settlement covers a class vehicle which is defined as all 2011-2014 model year vehicles equipped with a MaxxForce 11- or 13-liter engine certified to meet EPA 2010 emissions standards without selective catalytic reduction technology.
Caterpillar C13 and C15 engines. In 2016, Quantum Legal reached a $60 million class action settlement in a lawsuit alleging defects in the exhaust emission control systems, known as the CAT Regeneration System, failed to work reliably. In re: Caterpillar, Inc. C13 and C15 Engine Products Liability Litigation,Case 1:14-cv-03722-JBS-JS (D.N.J.)
Western Union Unclaimed Money Transfer. In 2016, Quantum Legal reached a settlement that the District Court described as “remarkable”, which resulted in the creation of a common fund of approximately $145 million, an additional $19 million in interest payments, and injunctive relief requring changes in Western Union’s business practices. These changes required Western Union to promptly notify consumers if their money transfers are unclaimed.
L3: Quantum Legal served as co-lead counsel for the victims of the Krajina massacre that occurred in Croatia in 1994 in a lawsuit against U.S. military contractor MPRI. The lawsuit settled on terms that are confidential but that provided substantial benefits and assistance to those that had suffered in the 1994 military action.
Dairy Farmers of America: Quantum Legal was counsel for raw milk purchasers in this complex class action alleging that large dairy cooperative Dairy Farmers of America committed antitrust violations by manipulating the price of spot cheese traded at the Chicago Mercantile Exchange for the purposes of driving up the price of raw milk as that price is set by a formula that is in part determined by the price of spot cheese. The various components of the victims of this scheme reached a $48 million settlement.
Groupon: Quantum Legal served as counsel in a derivative lawsuit challenging Groupon’s internal corporate controls which had led to misleading accounting disclosures which had dramatically overstated Groupon’s corporate earnings. The lawsuit settled with Groupon agreeing to make changes in its corporate governance processes that an independent expert determined would deliver at least $159.5 million in benefits to the shareholders of Groupon, and could at the top end result in $635 million in benefits.
PayPal: Quantum Legal served as co-lead counsel in this class action lawsuit challenging PayPal’s practices concerning its placing of “reserves” on sellers’ PayPal accounts which could last up to six months. PayPal had been refusing to explain the account owners the reasons for the reserve or how the reserve could be lifted. The case settled with PayPal agreeing to implement important changes in disclosure and to communicate with affected account holders in a more transparent process. In addition, the case delivered $3.2 million in lost interest on money that was held or reserved by PayPal, which an expert determined was over 70% of the total interest that was lost by members of the class. The settlement also created a fund of nearly a million dollars for persons who believe their business was harmed by PayPal’s emplacement of a reserve to pursue such a damages claim in a no cost, short form, arbitration type forum.
Kinkel v. Cingular Wireless, 223 Ill.2d 1 (Ill. 2006), Quantum Legal LLC co-lead counsel in case in which Illinois Supreme Court unanimously ruled that arbitration clause in Cingular’s cell phone contract violated public policy, and was thus unenforceable.
Group Health Insurance Out-of-Network and Medpay “Fee Review” Litigation Quantum Legal LLC has long been at the forefront of litigation against the insurance industry’s use of flawed and fraudulent computerized fee programs such as Ingenix. Group Health insurers use these programs to calculate “usual and customary” (UCR) reimbursement deductions for out-of-network treatment, while automobile insurers use these programs to calculate what is purportedly a “reasonable” fee for automobile insurance coverage (known as “medical payment” or PIP coverage). Quantum Legal LLC has filed over a dozen such lawsuits since 1999, and is currently in leadership roles in litigation against Allstate Insurance Company, Farmers Insurance Exchange, 21st Century, Wellpoint/Blue Cross, Aetna and Cigna
AOL Unauthorized Charges Litigation. Quantum Legal LLC was co-lead class counsel in lawsuit challenging AOL’s imposition of allegedly unauthorized charges on AOL account holders. The case settled for over $50 million (cash / direct account credits), plus attorneys’ fees and expenses. O’Leary et al v. America Online, Inc., et al., No. 03 L 491 (Illinois Circuit Court, 20th Judicial District).
Nationwide Ins. Co. “Medical Payments” Litigation. Quantum Legal LLC co-lead class counsel in lawsuit that challenged Nationwide Insurance Company’s use of allegedly biased claims valuation software to pay medical claims. The settlement was granted final approval in March 2008, and provides benefits to the class in excess of $60 million, plus attorney fees and expenses. Cashman v. Allied Insurance, et al., No. CV 05-415-TUC-RCC (D. AZ) and Garza v. Nationwide Ins. Co., et al., No. 02-06322 (148th Judicial District, Texas).
Internet Hotel Tax Litigation. Quantum Legal LLC represents Lyndhurst, New Jersey, Monroe County, Florida, Worcester County, Maryland, Goodlettsville and Brentwood, Tennessee and Fairview Heights, Illinois, among others, in lawsuits challenging Internet Travel Companies’ calculation and payment of taxes. See, e.g., County of Monroe, Florida v. Priceline.Com, et al., No. 09-10004 (S.D. Fla.) and The City of Goodlettsville, Tennessee v. Priceline.com, Inc., et al, 08-cv-00561 (M.D. Tenn.).
Carey v. Kerr McGee Chemical Corp., et al.Quantum Legal LLC was co-lead counsel in case of first impression in Illinois to recognize claim for “medical monitoring.” Carey v. Kerr McGee Chemical Corp., 60 F.Supp.2d 800 (N.D. Ill. 1999). Case settled for $5 million on behalf of class of minor children who resided in West Chicago, Illinois. Carey v. Kerr McGee Chemical Corp., No. 96 C 8583 (N.D. Ill.)
Group Health Out-of-Network/UCR Litigation. Quantum Legal LLC has settled claims in UCR Group Health cases against Aetna, Wellpoint and Cigna, among others. E.g., In re: Aetna UCR Litigation, MDL No. 2020, 07-cv-3541-FSH (D.N.J.); In re Wellpoint Inc. Out-of-Network “UCR” Rates Litigation, MDL 2074, 09-ml-2074-PSG (C.D. C.A.).
Genocide Victims of Krajina, Croatia: “Operation Storm”. Quantum Legal LLC settled claims in actions against L-3 Communications Corp. and its wholly owned private military contractor Military Professional Resources, Inc. for its role in facilitating and aiding and abetting the massacre of tens of thousands of civilians in the Krajina region of Croatia in 1994. Genocide Victims of Krajina v. L-3 Services, Inc., 10-cv-5197 (N.D. Ill.). In August 2011, Northern District of Illinois Judge Ruben Castillo denied L3’s motion to dismiss or transfer venue.
Western Union – Failed Money Transfers. Quantum Legal LLC was Lead Counsel in a class action against Western Union for its practice of waiting many years before attempting to return money transfers sent through its system when the recipient of the money never claimed the funds. Quantum Legal LLC successfully defeated multiple motions to dismiss and a motion to compel arbitration brought by Western Union. The case is currently on appeal with the Tenth Circuit regarding the arbitration motion. Tennille v. The Western Union Co., No. 09-cv-00938-JLK (D. Colo.).
