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Michael D. Donovan

Michael Donovan’s Answers

10 total

  • Did I opt-out of the class action suit?

    I sent a letter to the company being sued in the class action that I did not want to be included in the class. I did not use the words "opt-out." I also did not send a letter to the court saying I wanted to opt-out. The class action attorney sa...

    Michael’s Answer

    Did you receive the notice of pendency/settlement? Has the opt-out period expired? Was a final order entered? If the answer to each of the above is "yes," then it is very likely that you are included in the class and are now bound by the final judgment, meaning that you cannot now sue on your own.

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  • What type of lawyer do I call for a problem with my home owners asociation?

    I have a large mold problem in my attic and they will not take any action. It has been going on for months now with no progress.

    Michael’s Answer

    Although the other answers are fine, may I also suggest that you check your homeowner's insurance policy and put a claim in with the insurer's adjuster. An inspection may reveal a leak, a defect in construction or other problems that may be covered. If the problems are covered, then the insurer may also pursue a claim.

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

    they want 6000 we have already paid 4000 I am thinking we will lose our house anyways i dont have a good feeling thank you

    Michael’s Answer

    My friend, attorney Haviland, is 100% right. But the Hoffman Law Group does not appear to be pursuing a class action on your behalf. Instead, their website indicates they are pursuing "multi-plaintiff" claims against mortgagees (banks, servicers, etc.). As a result, they may be charging you for case expenses, pro rata attorney fees or even escrows to continue a foreclosure stay. You need to read your retainer agreement with the firm. In addition, you need to make sure they are defending you in any Pennsylvania foreclosure proceeding.

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  • How to file a class action or something?

    I graduated from an accelerated school back in 2005. Which the school made a bunch of empty promises about me transferring my transcripts, jobplacement and etc. I recieved none of that. Now I am being harassed by Sallie Mae and a bunch of other co...

    Michael’s Answer

    You are going to have terrific difficulty asserting any claims against the school, as the claims probably became actionable nearly 9 years ago and may be barred by the statute of limitations. With respect to your student loan now held by Sallie Mae, you also will not be able to assert those claims against the lender. For anything the loan servicer has done since, you may have a claim, but it is very unlikely you will succeed in any argument that you don't owe the money. You may have waited way too long.

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  • I have a dispute against my employer for back pay. In my position, I'm also privy to financial matters. I want to file a lasuit

    against my employer under seal, for it would be very embarrassing if the info. was made public. It would be in their best interest to settle this without public outrage and a media feeding frenzy. Additionally, I'd like. to file a federal whistleb...

    Michael’s Answer

    You have two different issues. On the claim for back pay, you can and should file that claim publicly based purely on the pay you were owed but have not been paid. If the pay was withheld because you were let go for complaining about unethical practices, then the company will be the one responsible for disclosing the violations. On the "whistleblower" claim, you should contact the SEC at 215 597-3100. There are countless lawyers in Philadelphia and its suburbs who can handle your claims.

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  • Statute of Limitation for Medical Bills in NJ ?

    Received a bill from surgery from 5/30/07 for $9000.00, insurance paid $6/27/07 $2894.98 Now the say I owe $6105.02. Received 1st Bill 7/29/13. Wrong address on bill.

    Michael’s Answer

    368 N.J.Super. 601, 847 A.2d 636

    The VALLEY HOSPITAL, Plaintiff,

    v.

    Halina KROLL, Defendant.

    Halina Kroll, Edwina Kroll, Edmund Kroll, Jr., Estate of Edmund Kroll, Plaintiffs,

    v.

    The Valley Hospital, Dr. Steven Cohen, Defendants.

    Decided April 17, 2003.

    Synopsis

    Background: Hospital brought breach of contract action against wife of deceased patient, seeking to collect balance of patient's bill not covered by Medicare and Medigap insurance. Patient's wife moved for summary judgment.

    Holdings: The Superior Court, Law Division, Passaic County, Riva, J.S.C., held that:

    1 hospital could not collect balance of patient's bill representing gap between its “standard” charges and benefits paid to it by Medicare and patient's Medigap insurance;

    2 New Jersey regulation, prohibiting hospital from billing patient for gap between its “standard” charges and benefits paid to it by Medicare and patient's Medigap insurance, was not preempted by federal law;

    3 agreement signed by patient's wife, in which wife agreed to pay hospital full and entire amount due for services, was unenforceable as a contract of adhesion, to the extent it could be construed to permit hospital to balance bill; and

    4 for purposes of hospital's quasi-contract claim, wife's financial obligation was fully satisfied.

    Partial summary judgment granted.

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  • Potential Class Action Lawsuit - Ford Motor Company. Would be interested to know if there are ground to push Ford into action?

    2005 and 2006 (not sure about other models) Ford Freestyles have a problem with the throttle body. You put the car in drive or reverse and it lurches forward or backward. I personally have almost hit pedestrians, parking structure walls, etc. R...

    Michael’s Answer

    This is potentially a very good class case. You should ask your dealer whether there is a Technical Service Bulletin (TSB) on the problem and whether the throttle body assembly has been redesigned. I agree with the other commenter that you should bring the matter to the attention of an experienced class action lawyer.

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  • Can I be removed from a class action lawsuit?

    If I am one of two people leading a class action lawsuit (misclassification) and I refuse to sign a settlement offer that I find to be unreasonable,can my attorney remove me from the case? She has sent me letters threatening to remove me and repla...

    Michael’s Answer

    Yes, you can be removed as a class representative, particularly if you object to a proposed settlement that others believe to be a reasonable offer in the best interests of the class. The fact that you're no longer a class rep, however, does not mean you cannot also proceed with your objection to the settlement. You should retain separate counsel to lodge the objection. You should understand that most objections are frivolous, and there is a distinct bar of lawyers who object to class settlements only to stick up the class lawyers for a portion of their fee. Unless your objection is based on a principled analysis with an expert assessment that the risks and rewards of continued litigation are far superior to the proposed settlement and that the settlement is not within a range of reasonableness, or that the settlement treats class members differently based on arbitrary criteria, then the objection should not be pursued. If this is a Fair Labor Standards Act case, then you should opt-out of the settlement and pursue your individual claim separately. To object to a class settlement, you must remain in the class and not opt-out.

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  • Class action lawsuit opt in deadline

    There is an ongoing overtime lawsuit against a company i wrkd for. I was never informed or given the chance to join in. The opt in date has exspired. Can i still join the suit and collect the money owed to me?

    Michael’s Answer

    Unlike the other commentators, I suspect the case you're inquiring about is not a classic class action but instead a collective action under the federal Fair Labor Standards Act. FLSA actions are opt-in actions, so you're not a member of the class or covered by the action until you opt-in. Your individual claim may (and probably will) remain viable. In many cases, you may have an even stronger claim under state law. Therefore, you should contact both the plaintiff's counsel and your own counsel about pursuing your claim for unpaid overtime. In many FLSA cases, the opt-in notice is not a notice about a settlement, but a notice to establish the size of the claimant group, after which there will be further proceedings to determine the amount of the claims. In either case, you should contact counsel as soon as possible.

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  • Can I start a class action suit against an insurance company who misrepresented their product?

    I have been researching an insurance company who misrepresented their product to my family and many others. If the policyholders were told the truth about the coverage no one would ever buy it.

    Michael’s Answer

    Yes, you can start a class action through counsel against the insurance company. It may be that the better claim is a breach of contract, depending on the precise details of the insurance product and how it was sold. There were many cases filed against insurers several years ago concerning vanishing premium and variable life products, and most of these were settled. There are other claims involving annuity features of insurance products that are viable. I strongly disagree with the uninformed, biased and false comment that class actions do not result in proper recoveries for class members. In my experience, class cases do recover appropriate sums for class members, and typically provide the only realistic means for persons to bring claims where the subject matter is complicated (e.g. finance, securities, insurance) and the amount at stake per person is small in comparison to the costs of suit and trial.

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