Donald E. Haviland Jr.’s Answers

Donald E. Haviland Jr.

Philadelphia Class Action Attorney.

Contributor Level 11
  1. Are ALL plantifts in a class action lawsuit public record?

    Answered 10 months ago.

    1. Donald E. Haviland Jr.
    2. Eric Lechtzin
    3. Christopher Alexander Olsen
    4. Lee Richard Anderson
    5. Nareg Sarkis Kitsinian
    5 lawyer answers

    The short answer to your question is no, your name will not be public. Only the names of the representatative plaintiffs are included in the publicly filed pleadings (like the Complaint) and the notice which was sent out to all affected class members, including by publication (which is how you saw it). The names of "absent class members" (which is what you are) are collected by the claims administrator as part of its charge to distribute the settlement funds. This list is typically only...

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  2. Is it better to have an experienced lawyer for your settlement conference ?

    Answered 12 months ago.

    1. Jeffrey Andrew Rowe
    2. Donald E. Haviland Jr.
    3. Nicole M Hauptman
    4. William Ray Pelger
    5. Daniel Knight Dinneen
    5 lawyer answers

    A MSC is just that - mandatory. No one can make you settle if you don't want to. If you are inclined to settle, a lawyer who understands your facts and the area of the law can assist you in evaluating the settlement value in relation to the risks of litigation. If experienced, he/she may also understand better how to negotiate to your optimal resolution. Otherwise, if you are not inclined to settle, the presence of a lawyer, with or without experience, likely will not alter the outcome for you.

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  3. How can I find out about a class action suit against BMW MINI USA for a defective transmission in 2004 mini coopers.

    Answered 9 months ago.

    1. Donald E. Haviland Jr.
    2. Alan James Brinkmeier
    3. Aneliya M. Angelova
    4. Christian K. Lassen II
    4 lawyer answers

    Based upon the recent info about the proposed class settlement, you should be covered: "US District Judge Philip S. Gutierrez, who is hearing the complaint, (Aarons v. BMW of North America LLC, Case No. 11-cv-07667, in the US District Court for the Central District of California), has requested additional information about the class size and suggested some revisions to the existing preliminary settlement. However, if approved, thousands of Mini Cooper owners could be eligible to receive as much...

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  4. We have been sending money to a group called hoffman law group out of florida for a class action suit is it legit

    Answered 4 months ago.

    1. Donald E. Haviland Jr.
    2. Michael D. Donovan
    3. Sheri Lynn Kelly
    4. L. Vincent Ramunno Jr.
    5. Peter Scott Lubin
    6. ···
    6 lawyer answers

    You should never pay money to participate in a class action. Period.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Someone from the department of justice has contacted my wife and I about a countrywide class action. should i get a lawyer?

    Answered 3 months ago.

    1. Donald E. Haviland Jr.
    2. Tad Thomas
    3. Arthur Collin Cherry
    3 lawyer answers

    Its highly irregular for DOJ to contact an individual about a civil matter, let alone a class action. There were several class actions against Countrywide, including one in which my firm was involved. But those cases settled long ago. You should be very wary when someone ostensibly from the government tells you that you don't need a lawyer.

    7 lawyers agreed with this answer

  6. I was recently entered into a class action lawsuit which was then settled. Do I have options?

    Answered 8 months ago.

    1. Donald E. Haviland Jr.
    2. Patrick G. Davidson
    3. James E. Fitzgerald
    4. Jonathan S Rudnick
    5. Thomas E. Soule
    5 lawyer answers

    Your options should have been spelled out in the notice sent prior to receiving the check. If you didn't get a notice, contact the plaintiff's counsel for one. My guess is the deadline to "opt out" and pursue an individual claim has passed, since you have received a check reflecting your share of the settlement proceeds. Acceptance of the check constitutes acceptance of the terms of settlement, including a release of all claims. Until you understand the nature of the class claims that were...

    7 lawyers agreed with this answer

  7. What do I need to do to properly OPT out of a class action lawsuit?

    Answered 6 months ago.

    1. Donald E. Haviland Jr.
    2. Jeffrey G. Casurella
    3. Craig Steven Mielke
    3 lawyer answers

    Once a class certified for purposes of settlement, all members of the defined class are included within the scope of the release provided to the defendant(s), unless they "opt out". At the time of settlement, the parties are typically directed by the court to disseminate notice to the class by the best practicable means under the circumstances. That usually means first class mail notice to all those who can be reasonably identified. That you are questioning how to "opt out" is troubling...

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  8. Is it possible to file a law suit against a company that has already been sued as a third party?

    Answered 9 months ago.

    1. Donald E. Haviland Jr.
    2. Eric Lechtzin
    2 lawyer answers

    Since I was involved in some of the early settlement work with American Home Products in the Phen-fen litigation, and my former firm handled the class settlement with others, I can say with some conviction that the release your mother signed is probably iron-clad as against any future claim against AHP for alleged harm caused by the drugs. Your mother's receipt of settlement monies under the matrix the settlement provided also came with what's called a "release". Even though your mother may...

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  9. What type of lawyer do I need to contact to file a class action suit concerning a Hippa violation.

    Answered 7 months ago.

    1. Adam Troy Savett
    2. Donald E. Haviland Jr.
    2 lawyer answers

    Attorney Savett has provided you a thorough response, with which I agree. I would only add further that there is no private right of action under HIPAA, meaning that individuals have no right to sue for damages from the dissmenation of protected medical information. Only the government has the power to sanction those who violate HIPAA's protections. Plaintiffs have been pressing courts to recognize the standard of case defined by HIPAA as part of other claims for damages, with varying success.

    6 lawyers agreed with this answer

  10. Are America's lawyers controlled by the judges, and don't really work for you that's why they sell you out to the government,

    Answered 8 months ago.

    1. Kelvin P. Green
    2. David Herman Hirsch
    3. Donald E. Haviland Jr.
    4. Diane Gwyneth Cassaro
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    As a class action attorney - where you've posed this "question" - the answer is "no". Our record speaks for itself.

    6 lawyers agreed with this answer

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