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Donald E. Haviland Jr.
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Donald Haviland’s Answers

232 total


  • They refuse to address the situation.

    Having problems with my new hardwood floors. Company says it's water damage. It's coming apart at the seams. I have never used water to clean my floors.

    Donald’s Answer

    Whether this situation involves a "consumer fraud" under Pa law will depend on how the product was advertised and marketed, and whether the acts or practices were "unfair or deceptive". When you speak to the recommended local attorney, be sure to bring with you any marketing and sales materials that accompanied your purchase.

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  • When you are part of a class action lawsuit, do you have a right to know personal share?

    What law gives you that right to know, would it be FOIA?

    Donald’s Answer

    There is no need to avail yourself of FOIA or a NY state counterpart Right to Know Law to find out your "personal share" of a class action case, ether by litigation or settlement. In fact, those laws don't typically apply to private disclosure in litigation, only to public disclosures. If the class case has been settled, the notice you received should give you sufficient detail about how the class fund will be allocated to pay you an individual share. If it is not, than a call to class counsel is the next best step short of filing something with the court. If the case is proceeding through litigation as a class action, it may be more difficult to find out what your potential share of any successful class recovery might be. Class counsel may be hard-pressed to reveal their damages expert calculations prior to trial, but the expert report filed in support of class certification should contain sufficient detail to allow you to at least understand the methodology by which the class intends to prove its damages.

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  • Is there a statute of limitations for settlement funds in the state of Maryland?

    I was awarded some settlement in the class action suit vs TB Bank in 2013 The settlement attorney claims the check was mailed to my previous address but returned. I had moved, I had set up the proper change of address, however I still didn't rec...

    Donald’s Answer

    Whether you have "legs" depends upon a couple of things: (1) the scope of the release, (2) whether you got the consideration for the release (which you haven't, (3) the court-approved schedule for litigation events, and (4) the notice of such events. Your issue appears to be both a failure of notice and consideration. Also, if the release was a mutual release, TD would have no right to continue its collection action against you. You've raised some complicated issues that class counsel are duty bound to help you resolve. I would only write to them to create a paper trail for the court. If they don't help you, take the matter to the judge.

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  • TDI Volkswagen. I am getting bombarded with Facebook adds from several firms going after VW. What should I do?

    We own 2 of the recalled TDI cars. We are very concerned about performance and value after the cars are "fixed."

    Donald’s Answer

    Not surprising. VW's legal problems will only grow before a proper remedy is offered to consumers like you. You should contact a qualified attorney in Georgia to discuss this with you. You can do not better than Cale Conley just north of you. http://www.conleygriggs.com/. Good luck to you

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  • I would like to file a class action lawsuit in Nevada against Fanduel and Draftkings..

    Facebook Twitter Google Plus Embed Insider Trading Allegations Shake Up Lucrative Fantasy Sports Industry 1:48 DraftKings and FanDuel, the online fantasy sports companies at the center of a growing controversy over employees' big winnings...

    Donald’s Answer

    You query poses an interesting legal issue, one different from the issues we've investigated for other clients. As a Nevada resident, you should not be authorized to play these "games" for "prizes". The Draft Kings current Terms of Use make this clear. However, if you registered as a Nevada resident and they took your money, there may be some cause of action for recovery. We can't say without more information.

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  • Can one have a class action law suit out and also an individual lawsuit out for the same

    issue?

    Donald’s Answer

    I agree with my colleagues and write only to add that while you cannot have two lawsuits over the same matter, one individual and one class, there may be two such lawsuits filed and pending -- one by you, and one filed by others purporting to represent you in a class action. Whether the latter case impacts your case will depend on the class certification decision.

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  • Class action lawsuit....

    I have just received my settlement packet in a class action lawsuit and im not happy with the amount. Can I decline the settlement and sue privately?

    Donald’s Answer

    I agree with my colleagues, but add this additional observation. While you received a "settlement package" that likely explains your inclusion in a "settlement class" the Court has approved, at least preliminarily, whether you have the right to opt out depends on whether the case was certified as a class action at an earlier stage of the lawsuit. If so, your right to opt out likely passed, and you will be bound by the settlement, whether or not you accept the benefits of the settlement. If not, you should have the right to opt out. Again, these rights should be clearly explained in the notice. The decision to proceed on your own depends on the size of your claim, and the prospects of success, in relation to the settlement benefit offered.

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  • Is it best to join a class action suit or do it on your own?

    I am involved in the VW diesel issue and would like to file suit against VW. But not sure the benefits of joining a class action suit or going out on my own with an independent attorney. The firms don't explain it to you clearly.

    Donald’s Answer

    Its your decision how you wish to proceed to try to recover against VW for your loss. We are preparing lawsuits for state court with co-counsel in several states, including Pennsylvania, New Jersey and Florida. We are happy to try to help steer you in the right direction if you want.

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  • Is there still class action on polybutylene pipes? If not would i be able to recover damages for the piping in a separate suit?

    I bought a house almost two years ago. the house has Polybutylene piping. I wasn't told before hand or informed of any past lawsuits or issues until i had a leak in the wall. I have searched some articles online about past class action lawsuits w...

    Donald’s Answer

    The case settled more than a decade ago. It's unlikely you are still able to recover if your home meets the class definition. If I recall correctly, one of the lead Plaintiffs' names was Cox and it's was settled in a southern court. If you are unsuccessful in locating the case/lawyers, we can probably find out for you.

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  • Can a new class action be started based on the results of a party that opted out of the class and had good results?

    Individual party brought own legal action - which to date, has seen the proper results. Rest of similar situated individuals did not bring own suit and are in a class action. The "CLASS" has not seen relief as a remedy can not be determined due t...

    Donald’s Answer

    What's missing from you query is whether the "class" in the case has been certified. If so, and absent class members did not opt out, they will be bound by the eventual resolution of the representative action, whether favorable or unfavorable. Only those who timely opt out have the right to proceed individually. If there has been no certification, all members of the putative class have the right to proceed individually. Unless the individual in the solo action wants to proceed as a representative, you can't simply "join" that action. You can start your own action, and argue that the favorable adjudication in the related action "estops" the common defendant from relitigating the overlapping factual and legal issues. Hope that helps.

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