Category Archives: Class Action Litigation

Medicaid Recipients Lose Their Class Action In Florida

January 11th, 2012

Hopes for a class-action suit representing thousands of institutionalized Medicaid recipients in Florida have been dashed, as a federal judge last week chose to remove the class action status.

U.S. District Judge Robert Hinkle ruled in favor of the seven Medicaid patients who sued the state in 2008. The plaintiffs had said that as Medicaid recipients, they should be allowed to live in other settings. Unfortunately, five of the seven plaintiffs are no longer alive, and one changed his mind.

Because the judge removed the class action status, due to the lack of original plaintiffs, the ruling now applies to only one person, not the 8,500 people estimated to be in the same situation.

In his ruling, Hinkle cited changes to the state’s Medicaid program that give more people an option to leave a nursing home than it did at the time the lawsuit was filed.

Hinkle wrote in his ruling that “the state apparently has made errors … in failing to transition a small number of nursing home residents.”

Speaking to the Miami Herald, a spokesman for the AARP said the ruling was a “limited victory.”

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Couple Suing IRS Get Their Payment

January 9th, 2012

A Largo, Florida couple that sued the IRS last week after they became the victims of identity theft received their refund check, the same day they did media interviews discussing their situation.

“Is that unbelievable?” said Jay Gordon, after they found the $2,570 they had been fighting for in their bank account.

Hoping to get class-action status, the couple sued the IRS on December 28. With the growing number of Florida residents who are becoming victims of identity theft, the Gordon’s might have gotten the status they sought.

Now that they have their money, though, they no longer feel the lawsuit is necessary for them. “We got what we wanted,” Jay Gordon said.

Clearwater attorney James Staack wants to keep the lawsuit going because there are other victims, and is investigating his legal options for doing so.  He hopes to find a new plaintiff.

The large response received by The Tampa Tribune and Staack after the Gordon’s story was published last week indicate the attorney should have no trouble finding what he seeks.

Jay Gordon is uncertain whether the interviews he and his wife did had anything to do with the timing of their payment, but is grateful that it arrived.

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Delta Faces Class Action Over Delayed Baggage Payouts

December 22nd, 2011

Delta Airlines is facing a class-action lawsuit on behalf of customers who arrived at their destination without their baggage. According to the lawsuit, Delta has a policy of telling customers they are only entitled to $25 to $50 in daily expenses. This is in spite of a “contract of carriage”, which applies to all airlines, entitling passengers to be paid up to $3,300 for expenses.

Susan Miller is the plaintiff who filed the class action against Delta. Miller’s bag was delayed during a trip she took from Florida to Las Vegas. Miller said she went out and “bought her essentials.” When Miller asked Delta to reimburse her expenses, Delta refused.

Miller’s attorney, John Mattes, said, “The policy of not being upfront with passengers about their rights is system-wide.”

The lawsuit asserts that Delta places small signs in out of the way places displaying the legal notices of terms of contract of carriage, knowing that passengers will not notice the signs and will not understand the meaning of “contract of carriage” even if they do see the signs.

It is unlikely that many people are aware of the amount an airline can pay out for customer expenses when baggage is delayed. It will be interesting to see what the outcome of this class-action lawsuit.

Sarelson Law Firm – Miami class action lawyers

 

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