Representative Cases

In Re: Wachovia Corp. "Pick-A-Payment" Mortgage Marketing and Sales Practices Litigation Settles For Estimated Value of Over 600 Million Dollars

On May 17, 2011 the United States District Court for the Northern District of California granted final approval of the class action settlement. This lawsuit involves multiple cases filed in seven states and consolidated before Judge Fogel of the District Court for the Northern District of California. Among other claims, the cases sought relief for violation of the Truth in Lending Act and various state consumer protection acts in the sale and marketing of the Pick-a-Payment mortgage loan product. The Pick-a-Payment mortgage loan permitted the borrower to select and make a minimum payment amount for a limited time and subject to certain conditions. When a payment was insufficient to pay the interest owed, unpaid interest was added to the loan balance and the outstanding loan balance increased ("negative amortization"). Mr. Buxner was appointed to the Plaintiff's Executive Committee by the Federal Judge overseeing the litigation was on the negotiating team led by lead counsel Jeffrey Berns and appointed Plaintiff's Class Counsel by the Court. The settlement delivered in excess of 600 million dollars in benefits consisting of cash and loan modifications.

Vioxx

The Buxner Law firm represented hundreds of individuals who suffered serious cardiovascular events resulting from ingestion of Vioxx and similar Cox 2 inhibitors. These injuries included stroke, heart attacks and other serious and often times deadly complications. Together with co-counsel, Mr. Buxner resolved hundreds of cases recovering millions of dollars.

Dundon v. U.S. Bank, et al. (S.D.Ill. No. 01-CV-408-GPM).

In this case, plaintiffs alleged that certain Illinois second mortgage loans that were secured by real property located in Illinois were assigned to, among others, U.S. Bank. These loans allegedly contained interest rates and fees that violated Illinois lending law. After conducting discovery throughout the country, the Illinois class was certified, over defendants' objection and defendants' petition for review from the 7th Circuit was denied. Thereafter, the parties agreed to a settlement in the amount of approximately $30,000,000.00 which has received preliminary approval from the United States District Court for the Southern District of Illinois. Significantly, Mr. Buxner was appointed co-lead in this case as part of the certification and later for settlement purposes only.

Cates, et al. v. U. S. Bank National Association, N.D. (D.C. Hennepin Cty., Minn, 4th Judicial District).

Evan Buxner was one of several lead counsel in this litigation challenging the legality of certain settlement fees imposed in connection with residential second mortgage loans. The litigation involved multiple class actions filed on behalf of borrowers in numerous state and federal courts throughout the country. The case ultimately settled for approximately $30,000,000.00.

Andrews v. Express, (St. Clair County, Illinois Circuit Court, Case No. 03L479).

Evan Buxner was counsel for plaintiffs in Illinois alleging violations of state minimum wage laws by this clothing manufacturer and retailer. The parties ultimately entered into a multi-state settlement in the United States District Court for the Western District of Pennsylvania valued in multi-seven figures.

Mohme v. Abercrombie & Fitch Stores, Inc. (St. Clair County, Illinois Circuit Court, Case No. 03L0448).

Evan Buxner was counsel for plaintiffs in Illinois alleging violations of state minimum wage laws by this clothing manufacturer and retailer. The parties ultimately entered into a multi-state settlement that will be effectuated in the United States District Court for the Western District of Pennsylvania valued in multi-seven figures.

Lewis v. Soyo (United States District Court, Central District of California)

Mr. Buxner was appointed Co-Lead Counsel over a class of consumers nationwide alleging the Defendant improperly withheld payment of rebates. The settlement provide 100 percent payment to all class members.

Novastar RESPA Litigation

In 2007, Mr. Buxner, as counsel for Plaintiff, resolved a nationwide settlement for RESPA claims in an amount in excess of seventeen million dollars.

Diet Drugs - Fen-Phen / Redux

Mr. Buxner represented and successfully settled hundreds of clients in the diet drug litigation involving users of Fen-Phen and/or Redux. Mr. Buxner represented individuals who suffered valvular heart disease from taking the dangerous combination of drugs and those who suffered the fatal disease Primary Pulmonary Hypertension.

Baycol

Mr. Buxner also successfully represented hundreds of clients who took the cholesterol lowering medication Baycol and suffered Rhabdomyolisis. Baycol was voluntarily recalled from the market because it has been linked to an extremely high occurrence of Rhabdomyolysis, a normally non-fatal condition that is a known side effect of most statin drugs. Fatalities associated with Baycol-induced Rhabdomyolysis were uncharacteristically high.

Bextra

The Buxner Law Firm represented hundreds of clients who suffered either cardiovascular damage or Stevens Johnson Syndrome after taking this dangerous drug.