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Author: admin | 16.10.2014 | Category: Ringing In The Ears Causes

The Heart of the Matter: What Does America Really Know about Coronary Artery Disease Treatments? Have you ever received a notice of a class action lawsuit, or seen an announcement about one that might apply to you? Of course, a large settlement fund is a motivator, but what about the paperwork—isn’t it time consuming and complex? Yes, but ironically, that burden might provide further incentive to sign on, when you consider that that it often eliminates more than half of the prospective class participants.
But I rarely participate in a consumer action regarding a retail purchase or one that is promoted in a TV commercial or newspaper ad: Did your doctor give you a bad drug?
It’s not that I am disquieted by the new model for drumming up victim-clients (although I am!). But five years ago, I broke that rule of thumb and acted on a PSA published in The Wall Street Journal and elsewhere. I have purchased only one gem in my life; a diamond to soften my girl’s heart and seal our engagement.
Although the registration process was quick and easy, I expected a deluge of further mailings asking for more information or explaining the grounds of disqualification. It certainly won’t pay the mortgage, but still, it is nice to receive a 1.5% rebate after 16 years!
It is not necessary to hire an attorney nor even meet with one to be a member of a class action and to collect from the settlement kitty. Some would argue that this model serves a noble purpose, because the potential for punishment and settlements discourages manufacturers and vendors from misrepresentation, or cutting corners especially as it relates to safety. Perhaps one of the most despicable aspects of a class action is that training and funds are rarely directed at client qualification and communication. For example, in the case of Lernout & Hasupie, a spectacular collapse in equity value after it was alleged that the founders lied about massive sales in Asia, I succeeded in collecting a very large settlement (much larger than my investment). Generally, I fill out paperwork only if an action is related to individual stocks that I purchased as an investment.


Looking back on that phase of my life, I believe that the volume of my trades reflected investment immaturity. And it’s not that I feel guilty about failing to accept personal responsibility—weighing risk & benefit and accepting the consequences of my action. It sought members for a class action against De Beers, the global diamond cartel and others associated with the wholesale diamond industry. If I had invested the cash at 6% rather than purchasing a diamond, I would have doubled my money. In fact, typically, the only individuals who hire a lawyer (those who are both eligible and who suffered injury or injustice), are the few people who wish to go it alone. More often, they are the brain child of law firms who hire legions of paralegals to comb the media, fishing for a cause. It is my experience that class attorney’s always turn down an applicant’s proof of class membership on the first few submissions. Yet, my father, my brother and even the founders of a company acquired by L&H were all turned down.
They were expected to yield a very small coupon and it would be difficult to demonstrate eligibility. But in the process of telling a short story, we review the mechanisms of a class action lawsuit—at least from the perspective of a solicited class-member litigant.
For about 10% of companies in which I have had equity, someone down the line discovers a reason that we investors have been wronged.
I have participated in lawsuits regarding brief equity positions in MediaVision, DoubleClick and Lernout & Hauspie. Did your bank finance a house even though you probably should never have applied for a mortgage?… Why not sue them?! The announcement boasted of large settlement to which the diamond importers had already agreed.


That is, they don’t feel that the class will pay enough for their particular situation and so they risk launching their own pursuit of compensatory damages. Once they identify a “Should have known” situation perpetrated by an evil doer with deep pockets, they drum up clients, often going to great lengths to find them. But the lawyers still manage to approach these matters with ambulance-chasing methods for which they are often despised. The individuals who apply rules that were blessed by a judge somewhere, have no access to an empowered and concerned administrator. For one reason or another, they were told that they failed to qualify—even though their status was the same as mine. Perhaps it was something that the stock broker did–or perhaps it was something that the company failed to do.
I collected over $100,000 on the Lernout and Hauspie action, much more than my investment—and despite the fact that I made good money on that investment.
The announcement offered class status to anyone who had a receipt from a diamond merchant or retailer related to a purchase over the course of two decades.
Either way, when a lawyer comes knocking at your door, informing you that you have been wronged, why argue? Altogether, I spent 3 minutes complying with the submission criteria and another 2 to address and post an envelope.



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