Class Action/Complex Litigation
The Firm has had and continues to have a national reputation in class action litigation, which constitutes a major portion of the Firm's overall practice. The Firm has handled various national class actions involving topics such as consumer fraud, discrimination in the provision of credit, and defective products like hardboard siding, synthetic stucco and roofing shingles.
Settlements and Verdicts
In re HealthSouth Corporation Securities Litigation
&CV-03-BE-1500. (U.S. District Court for the Northern District of Alabama, Southern Division). Cunningham Bounds served as co-lead counsel for bondholder plaintiffs in a lawsuit against HealthSouth, UBS and Ernst Young for fraudulent statements concerning the company’s finances, which resulted in t... read more>
Bettner v. Georgia-Pacific
Mobile County, Alabama Case No. CV-95-3330 (recovery by settlement for approximately 500,000 consumers of defective hardboard siding).... read more>
Naef v. Masonite Corp International Paper Co.
Mobile County, Alabama Case No. CV-94-4033 (defective hardboard siding litigation resulting in settlement (after trial) on behalf of four million consumers).
... read more>
Anderson v. Auto Mart of the Southeast, Inc.
Mobile County, Alabama Case No. CV-95-4274 (confidential settlement of consumer fraud class action case).
... read more>
Banks v. Behr Process Corporation
Mobile County, Alabama, CV-2000-2281 (class action on behalf of individuals and entities who purchased and applied exterior wood sealants manufactured by Behr, or who own homes or structures with wood exteriors on which Behr wood sealants have been applied; settled as part of a national class action... read more>
Claybrooks, et al. v. PRIMUS Automotive Financial Services
United States District Court, Middle District of Tennessee, 3:02-CV-0382 (class action on behalf of African-Americans under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. Section 1691, et seq., to remedy the discriminatory effects of certain policies and practices in providing motor vehicle fi... read more>
Coleman v. GAF Building Materials Corp.
Mobile County, Alabama Case No. CV-96-0954 (co-lead counsel in nationwide class action resulting in settlement on behalf of hundreds of thousands of consumers of roofing material).
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Conway v. Rheem/Ruud Manufacturing Co.
Mobile County, Alabama Case No. CV-99-1219 (litigation on behalf of owners of water heaters manufactured with defective polypropylene dip tubes, included in settlement of nationwide class action styled Heilman v. Perfection Corporation in the U.S. District Court for the Western District of Missouri,... read more>
Cosby v. Masonite Corp.
Mobile County, Alabama Case No. CV-98-2446 (co-lead counsel in nationwide class action resulting in settlement on behalf of hundreds of thousands of consumers of Masonite Omniwood OSB siding).
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Fishback, et al. v. American Honda Finance Corporation
United States District Court, Middle District of Tennessee, 3:02-CV-0490 (class action on behalf of African-Americans under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. Section 1691, et seq., to remedy the discriminatory effects of certain policies and practices in providing motor vehicle fi... read more>
Grimes v. Gulf Telephone Co.
U.S. District Court for the Southern District of Alabama, Southern Division, Case No. CV-99-986-RV-C (ERISA class action settlement for early retirees who alleged that employee stock option share values dramatically increased upon sale of the company, and that they were entitled to the difference un... read more>
Lee v. WFS Financial, Inc.
United States District Court, Middle District of Tennessee, 3:02-CV-0570 (class action on behalf of African-Americans under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. Section 1691, et seq., to remedy the discriminatory effects of certain policies and practices in providing motor vehicle fi... read more>
Lewis v. Auto Mart of the Southeast, et al.
Mobile County, Alabama Case No. CV-93-3292 (verdict in consumer fraud case).... read more>
Lowell v. American Cyanamid Company
U.S. District Court for the Southern District of Alabama, Southern Division, Case No. CV-97-0581-BH-M (co-counsel in nationwide class action regarding fixing of resale prices in restraint of trade and in violation of the federal antitrust laws, resulting in a multimillion dollar settlement on behalf... read more>
Osborne v. Bank of America
United States District Court, Middle District of Tennessee, 3:02-CV-0364 (class action on behalf of African-Americans under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. Section 1691, et seq., to remedy the discriminatory effects of certain policies and practices in providing motor vehicle fi... read more>
Quinn/Smith v. Masonite Corp.
, Mobile County, Alabama Case No. CV-98-2447 (co-lead counsel in nationwide class action resulting in settlement on behalf of tens of thousands of consumers of Masonite Woodruf roofing material).
... read more>
Ruff v. Parex, Inc.
General Court of Justice, Superior Court Division, New Hanover County, North Carolina Case No. 96-CVS-0059 (a class action on behalf of North Carolina residents for defective synthetic stucco siding resulting in a multi-million dollar settlement against Dryvit, Parex, Sto and several other manufactu... read more>
Russell v. Bank One, et al.
United States District Court, Middle District of Tennessee, 3:02-CV-0365 (class action on behalf of African-Americans under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. Section 1691, et seq., to remedy the discriminatory effects of certain policies and practices in providing motor vehicle fi... read more>
Bryan v. Dryvit
Mobile County, Alabama, CV-2001-761 (class action on behalf of property owners in states other than North Carolina, who own structures clad with an Exterior Insulation and Finish System (EIFS) manufactured by Dryvit Systems, Inc. and installed after January 1, 1989; included in the Posey v. Dryvit n... read more>
Gardner v. Stimson Lumber
Superior Court of Washington, King County, Case No. 00-2-17633-3SEA (class action certified on June 8, 2001, involving homes in Washington, Oregon, California, Idaho, Utah, Colorado and Hawaii clad with Stimson Series 400 or 500 hardboard Forestex installed after January 1, 1985; final approval of... read more>
McGettigan v. Ford Motor Company
The United States District Court for the Northern District of California has determined that a national Settlement in the Chamberlan v. Ford case is fair, adequate and reasonable, and entered a final order approving the Settlement. The Settlement became final on December 16, 2005.
Plaintiffs a... read more>
Frank Taylor v. Bredero Price
Frank Taylor v. Bredero Price, et al., Mobile County, Alabama No. CV-02-2207 (confidential settlements for 25 homeowners asserting claims of noise nuisance and environmental pollution against manufacturing facility).... read more>
Herra v. Toyota Motor Credit of America
Superior Court of the State of California, County of Santa Cruz, CV-147793. This is a class action on behalf of African-Americans and Latinos who allege violations by auto loan financing companies and auto manufacturers of the Business and Professions Code Section 17200 and Unruh Civil Rights Act [... read more>
Logan v. U.S. Bancorp, et al.
United States District Court, Middle District of Tennessee, 3:02-CV-0681 (class action on behalf of African-Americans under the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. Section 1691, et seq., to remedy the discriminatory effects of certain policies and practices in providing motor vehicle fi... read more>
Blue Cross and Blue Shield of Alabama v. Hodurski
Blue Cross and Blue Shield of Alabama v. Hodurski, Alabama Supreme Court Case No. 1022154. The Alabama Supreme Court affirmed a Montgomery County Circuit Court's grant of summary judgment in favor of the plaintiff class members (physician and two physician assistants as representatives of the... read more>
Chamberlan v. Ford Motor Company
The United States District Court for the Northern District of California has determined that the Settlement of this case is fair, adequate and reasonable, and entered a final order approving the Settlement. The Settlement became final on December 16, 2005.
Plaintiffs alleged that certain cars ... read more>
Farley, et al. v. Residential Funding, Homeowners Loan Corp., Laredo National Bank, et al.
United States District Court, Northern District of Alabama, Western Division, 7:06-CV-1864. Class action on behalf of residential mortgage borrowers who alleged violations of TILA, HOEPA and RESPA in connection with the closing of their mortgage loans. Specifically, the case alleged that certain c... read more>
Loudermilk Services, Inc., et al. v. Marathon Ashland Petroleum, L.L.C.,
3:04-CV-00966 (U.S. District Court for the Southern District of West Virginia). Cunningham, Bounds serves as lead counsel for Plaintiffs alleging that MAP sold contaminated gas to hundreds of West Virginia service stations which caused serious problems to their underground storage tanks and equi... read more>