Shareholder Class Action
Recent Cases
Shareholders sued Calpine Corp. and its directors, claiming they are selling Calpine too cheaply to NRG Energy, for $23 a share, or $9.6 billion, a 6.7% premium over market price, in Harris County Court, Houston.
Shareholders claim directors of Wendy's International withheld information and engaged in self-dealing, in a class action in Franklin County Court, Columbus, Ohio.
TRM Corp. and its directors inflated share price through false and misleading statements, shareholders claim in Portland, Ore., Federal Court.
Shareholders claim American International Group inflated the value of its securities through false and misleading statements from May 11, 2007 through May 9, 2008, in Manhattan Federal Court.
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Ex-Lottery Commissioner Loses Conviction Appeal
Recent Cases 05/20/2008The 4th Circuit upheld the conviction and sentencing of ex-North Carolina lottery commissioner Kevin Geddings, who concealed the fact that he had a conflict of interest with a lottery vendor. A federal jury convicted Geddings of five counts of mail f...
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Skycaps File National Class Action
Recent Cases 05/16/2008Employers are cheating airport skycaps nationwide by paying them less than minimum wage and discouraging tipping by charging a $2 per bag "baggage fee," which customers falsely believe will be given to the skycaps, the skycaps say in a federal class ...

Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.