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THRASH LAW FIRM, P.A. Little Rock, Arkansas
Notable Cases
Avery v. State Farm
Represented a nationwide Class of consumers in Breach of Contract and Consumer Fraud claims (4.7 million Class Members) - $1.2 Billion verdict against State Farm, challenging State Farm’s practice of specifying aftermarket/imitation “crash” parts on repair estimates for its insureds’ vehicles. At the time, this was the largest verdict in Illinois history and the largest verdict in the country against an insurance company.
Hale v. State Farm
RICO violations asserting false statements made by State Farm to the Illinois Supreme Court regarding the insurance company’s financial support for the campaign of Illinois Supreme Court Justice Lloyd Karmeier. State Farm’s contributions were the subject of the Plaintiffs’ Motion for Recusal of Justice Karmeier’s participation in the appeal of the $1.2 billion judgment in Avery v. State Farm. State Farm’s false statements regarding its involvement in the election of Justice Karmeier directly influenced the Court’s decision on the motion for recusal.
The United States Court of Appeals for the Seventh Circuit affirmed the denial of State Farm’s Motion to Dismiss this RICO litigation, and affirmed class certification of a nationwide class of State Farm Insureds. This class action against State Farm settled in August 2018, after trial had commenced. The case settled for $250 Million.
Shumate v. City of Conway
Represented Conway policemen and firefighters against the City of Conway for breach of employment contract and the unlawful use of tax dollars. The City of Conway enacted a sales tax to pay Conway policemen and firefighters increases in salary. The City failed to honor its agreement and used the tax dollars for other projects, instead of salary increases for policemen and firefighters. On the eve of the trial, the case settled for $1.15 Million.
Miner v. Philip Morris
The Circuit Court of Pulaski County, Arkansas appointed the Thrash Law Firm to represent smokers who bought Marlboro Light and Ultra-Light cigarettes in Arkansas from 1971 through June 22, 2010. Brought against Philip Morris under the Arkansas Deceptive Trade Practices Act and state common law of unjust enrichment, the lawsuit seeks recovery on behalf of those who purchased cigarettes fraudulently marketed by Philip Morris as safer, healthier, and less addictive. All the while, Philip Morris knew that its light cigarettes were not safer, healthier, or less addictive, and were actually more harmful, more mutagenic, and more carcinogenic than regular cigarettes. Philip Morris designed the Light and Ultra-Light cigarettes to create and sustain addiction.
In early 2015, the Arkansas Supreme Court, in a 6-to-1 decision, affirmed the trial court’s certification of this class of smokers, approving what was the largest class action in Arkansas history. Within a few days of trial in August 2016, the case settled for $45 Million.
Hurricane Katrina Cases
Represented hundreds of Mississippi, Alabama, and Louisiana homeowners to recover damages for homes that were destroyed by Hurricane Katrina. Obtained the largest single jury verdict (against Lloyds of London) of all of the Katrina related cases. Obtained jury verdict for bad faith failure to pay claims against USAA.
Auto Parts Anti-Trust Litigation
Represented American car dealerships in multiple nationwide class actions against Japanese auto part manufacturers for anti-trust price-fixing, resulting in increased prices and overcharges to car dealerships and consumers. The multiple class actions included anti-trust claims for the following auto parts:
These multiple anti-trust claims and price-fixing cases has resulted in over $350 Million in settlements to automobile dealers across the United States. This litigation was one of the largest anti-trust cases ever in the United States.
Food Misbranding Cases
The Thrash Law Firm has joined with other lawyers across the country to seek redress for consumers victimized by false health and nutrient claims made on food packaging. The firm is actively pursuing claims against food manufacturers such as Dole Packaged Foods, LLC; Frito-Lay North America, Inc.; and ConAgra Foods, Inc.
Welding Fume Litigation
Represented thousands of welders against Lincoln Electric, Hobart, General Electric and other welding rod manufacturers for failure to warn welders of the dangers of manganese poisoning from exposure to welding fumes.
Pilot Flying J Litigation
Represented a nationwide class of trucking companies against Pilot Flying J, which operates truck stops across the country, for failure to properly account for credits and discounts on the purchase of diesel by the trucking companies. The case resulted in a $90 Million settlement on behalf of trucking companies nationwide.
Exxon Oil Spill – Pegasus Pipeline
The Thrash Law Firm represented those who owned land in Arkansas, Illinois, Missouri, and Texas burdened by easements from the 1940s allowing Exxon to construct and operate the Pegasus Pipeline. In violation of state common law, Exxon had failed to honor its contractual commitment to repair and maintain the Pegasus Pipeline. The Pegasus Pipeline was over 40 years beyond its expected operational service time and its continued operation represents a hazard to all landowners and watersheds located within the vicinity of the Pegasus Pipeline.
Oil & Gas Royalty Owner Litigation
Represented classes of Arkansas and Oklahoma royalty owners in several cases against XTO, Exxon and Chesapeake for failure to pay proper royalty payments to landowners.
Pharmaceutical Litigation
Represented nationwide classes against pharmaceutical manufacturers, Pfizer, Wyeth and Merck, for marketing and selling prescription drugs for off label and improper use, without necessary warnings, which resulted in death and severe medical complications to consumers. Some of the prescription drugs included: (Pfizer) Neurontin, a pain medication that created suicidal tendencies; (Wyeth) Fen-Phen, a diet drug that caused severe heart conditions; and (Merck) Vioxx, arthritis and pain medication that caused heart attacks and strokes.
Neurontin: Represented individuals who purchased the Neurontin drug for uses not authorized or approved by the FDA. Claims were made against Pfizer, the drug manufacturer, for promoting the unauthorized and unapproved use of the Neurontin drug. A settlement was reached in this case resulting in a multi million dollar distribution to purchasers of the Neurontin drug.
Fen-Phen: Represented individuals who purchased “Fen-Phen” diet drugs Fenfluramine (sold as Pondimin) and/or dexfenfluramine (sold as Reduc). Claims were made on behalf of individual consumers who experienced severe heart conditions and complications, resulting from the use of Fen-Phen. These drugs were eventually withdrawn from the market and purchasers of the drug were compensated for medical injuries resulting from taking the Fen-Phen drug. Settlements were reached for hundreds of individuals.
Vioxx: Represented patients that suffered heart attacks or strokes, and the families of loved ones who died, after having been prescribed the arthritis and pain medication Vioxx. Merck falsely promoted the safety of Vioxx and failed to disclose the full range of the drug’s dangerous side effects. Settlements were reached for hundreds of individuals.
Medical Implant Litigation
Represented Arkansas consumers in cases against Zimmer Holdings and Stryker Corporation for defective hip implants.
Represented Arkansas consumers in cases against Guidant Corporation for defective heart valve defibrillators.
Qui Tam Litigation
Represented individual Relators (consumers) in several cases, on behalf of the federal government, for Medicare fraud involving improper charges for medical services, for fraudulent billing of travel expenses and improper charges for adulterated food products and adulterated pharmaceutical products.
Bridgestone/Firestone Litigation
Represented a nationwide Class of consumers in a Breach of Warranty and Fraud Claim involving damages arising from Firestone tire defects and Ford Explorer rollover injuries. A multi million dollar settlement was reached with Ford Motor Company and Bridgestone Americas, Inc.
Burial Insurance Litigation
Represented a Class of consumers against Life of Georgia and American General who were deceived and defrauded in the sale of burial insurance policies in Arkansas.
Asbestos Litigation
Represented thousands of laborers in the State of Arkansas that have suffered health problems, including death, from asbestos exposure.
Taco Bell Starlink Corn Litigation
Represented a nationwide Class of Taco Bell franchises against Aventis Cropscience, Garst Seed Co., Gruma Corp. and Azteca Milling for adulterated corn products that contaminated the food chain, resulting in contamination of taco shells.
The Taco Bell franchisees lost business as a result of the publicity surrounding the adulterated corn products used to make taco shells.
Visa and Mastercard Antitrust Litigation
Represented numerous Arkansas businesses, with locations in 14 states, including Landers Automotive Group, Coulson Oil Company, Roberson’s Fine Jewelry and others in a class action case for antitrust violations by Visa and Mastercard regarding excessive credit card swipe fees charged to businesses.
Wireless/Mobile Phone Litigation
Alltel Communication
Represented a Class of Arkansas consumers in a case against the wireless cell phone provider, Alltel, for improper rounding up of consumer airtime.
AT&T and T-Mobile
Represented a nationwide Class of consumers against AT&T and T-Mobile for the fraudulent, deceptive and unauthorized billing of third party vendor fees on consumers’ monthly billing statements.
Class Action Litigation Against Insurance Companies
Allstate
Represented a nationwide Class of consumers in Breach of Contract and Consumer Fraud claims for failure to pay insureds the diminished value of their vehicles after an accident.
State Farm
Represented a nationwide Class of consumers challenging State Farm’s practice of specifying aftermarket/imitation “crash” parts on repair estimates for its insureds’ vehicles.
Sagamore Insurance Company
Represented a Class of Arkansas insureds against Sagamore Insurance Company for deceptive practice for improper cancellation of insurance policies.
ALFA Vision Insurance Company
Represented a Class of Arkansas insureds against ALFA Vision Insurance Company for deceptive practice for improper cancellation of insurance policies.
Liberty Mutual Insurance Company
Fraud, deceptive trade practice and unjust enrichment claims for charging excessive premiums to insureds.
American International Group (AIG)
Fraud, deceptive trade practice and unjust enrichment claims for charging excessive premiums to insureds.
Progressive Casualty Insurance Company
Fraud, deceptive trade practice and unjust enrichment claims for charging excessive premiums to insureds.
GEICO
Fraud, deceptive trade practice and unjust enrichment claims for charging excessive premiums to insureds.
Travelers
Fraud, deceptive trade practice act, unjust enrichment – charging excessive premiums to insureds.
Erie Insurance Exchange
Fraud, deceptive trade practice act, unjust enrichment – charging excessive premiums to insureds.