Consumer Fraud

Real Estate Settlement Procedures Act (RESPA)

Donaldson/GUIN filed the first REPSA case that resulted in a decision by an appellate court. In January of 2002 Donaldson testified before the U. S. Senate Committee on Banking, Housing and Urban Affairs regarding abusive yield spread premiums. He has also testified before a HUD hearing regarding the racially discriminatory impact of “yield spread premiums” and the use of such fees in the mortgage industry to victimize disadvantaged home buyers. As a result of Donaldson/GUIN’s RESPA class actions, HUD released its far-reaching 2001 Policy Statement prohibiting “mark ups” of settlement services. Donaldson/GUIN’s RESPA class actions also resulted in reforms in the disclosure of Yield Spread Premiums by the mortgage industry.

Mortgage Servicing Issues

Donaldson/GUIN has helped numerous consumers with a wide variety of loan servicing issues. Because of our extensive experience litigating RESPA class actions, we have an in-depth knowledge of the federal laws governing mortgage loan servicing. If the people who are servicing your loan have made a mistake and you are having trouble getting their attention, perhaps we can help. Click here for an example from our case files.

 

Dangerous Products

David Guin was Class Counsel and a member of the Plaintiffs’ Steering Committee in In re Telectronics Pacing Systems, Inc., 186 F.R.D. 459 (S.D. Ohio 1999). This nationally-certified Multi-District Litigation class action alleged that defective heart pacemaker lead wires are prone to fracture, subjecting patients to the risk of heart muscle tears and lacerations. The case settled for over $90 million. In the Order approving the settlement, Judge Spiegel stated on the court's record that Mr. Guin and the other Class Counsel were “extremely well qualified and experienced” and that “the professional skill and standing of all counsel involved on behalf of the class was highly commendable.” Click here to read additional remarks about Mr. Guin and other Class Counsel by the trial judge.

In re Copley Pharmaceutical "Albuterol" Product Liability Litigation, 158 F.R.D. 485 (W.D. Wy.1994); 161 F.R.D. 485 (1995). Mr. Guin was appointed by the Court to the Plaintiffs’ Steering Committee in this national MDL class action against the manufacturer of a bronchodilator medication that had been contaminated with dangerous bacteria. After 42 days of trial, the case settled in 1996 for approximately $150 million.

Woodward v. Nor-Am Chemical Co., 1996 WL 1063670 (S.D. Ala. 1996) involved numerous plaintiffs’ lawyers who had filed class actions that were consolidated before a single judge. Mr. Donaldson was appointed to be one of three members of the Plaintiffs’ Executive Committee in this nationwide class action on behalf of workers exposed to an insecticide that was withdrawn from the market when studies indicated that it might cause an increased risk of bladder cancer. The 1997 settlement, which was valued in excess of $50 million, established a medical monitoring program designed to foster early cancer detection and a disease compensation fund designed to provide payments to victims.

 

Building Products Litigation

Donaldson/GUIN has filed numerous class actions against building product manufacturers. David Guin served as Class Counsel in Sebago v. Beazer East, Inc., a case alleging that manufacturers of a commercial roof insulation product leached acids that corroded metal roof decks. The plaintiffs’ claims withstood the defendants’ motions to dismiss (see 18 F.Supp.2d 70 (D. Mass. 1998)), and after an additional two years of litigation, the case has settled.

David Guin was also Class Counsel in Coleman v. GAF Building Products Corp., in the Circuit Court of Mobile County, Alabama. That national class action alleged that GAF’s roofing shingles prematurely failed. The settlement pays both original and subsequent owners of GAF-shingled properties for certain labor and materials replacement costs.

Mr. Guin was Co-Lead Counsel in Bettner v. Georgia-Pacific, in the Circuit Court of Mobile County, Alabama, a national class action alleging that G-P’s hardboard siding prematurely rots. The case settled in July of 1997 with G-P’s agreement to reimburse all eligible class members for the costs necessary to remove and replace their defective siding.

Mr. Guin was Class Counsel in Sandpiper Cove Condominium v. Louisiana Pacific Corp. in the U.S. District Court in Oregon. This national class action alleged that L-P’s Inner Seal “oriented strand board” siding prematurely rots. The case settled in 1996. Guin served on the negotiating team that structured this settlement, which has been modeled in many other consumer cases.