Attorney Barrett Jay Vahle's Legal Cases

Business

Associated Wholesale Grocers, Inc., et al. v. United Egg Producers, et al

N/A

OUTCOME: Ongoing

Barrett represents Associated Wholesale Grocers, Inc., and local grocery stores in an antitrust lawsuit against numerous egg producers and egg industry trade groups for artificial inflation of egg pric ... es. The lawsuit alleges that defendants engaged in a conspiracy designed to increase the price of eggs in violation of the Kansas Restraint of Trade Act. This litigation is currently pending in the District Court of Wyandotte County, Kansas, with a trial anticipated in 2014.

Business

In re Eclipse Aviation Depositor Litigation

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OUTCOME: Confidential settlement

Barrett represented businesses and individuals seeking the return of hundreds of millions of dollars of aircraft deposits based on negligent misrepresentations.

Class action

Plubell, et al. v. Merck & Co., Inc.

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OUTCOME: Settlement

Barrett, along with other SSH attorneys, prosecuted a Missouri statewide class action on behalf of all Missouri purchasers of Vioxx, the Cox-2 pain reliever that Merck pulled off the market after the F ... DA identified several misleading sales practices The case was removed to Federal District Court for the Western District of Missouri under CAFA after SSH amended the complaint. SSH argued and won in the Eighth Circuit Court of Appeals the affirmation of the trial court's remand to state court. The case was certified as a class action. In October 2012, a settlement was reached. Under the settlement terms, qualifying Missouri consumers of Vioxx may be reimbursed in full for their Vioxx purchases. The common fund settlement provides for payment to class members under two options: (1) a one-time cash payment of $180 to Settlement Class Members who submit a valid claim form with a declaration under oath (but no documentary proof of payment required) and (2) $90 for each month of Vioxx purchases supported by a declaration under oath with documentary proof of payments, such as a letter from the prescribing physician.

Class action

In re Underfilled Propane Litigation

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OUTCOME: Settlement

Barrett is a member of the team that prosecuted this multi-district litigation related to underfilled propane tanks in the Western District of Missouri. Plaintiffs generally alleged that Defendants Ame ... riGas and Ferrellgas conspired to reduce the amount of propane sold in replacement barbeque-type propane cylinders but continued to sell the cylinders as "full." More than 15 cases were filed around the country and eventually consolidated by the Judicial Panel on Multidistrict Litigation. In 2010, the Court approved a class action settlement between Plaintiffs and AmeriGas for $10 million, and appointed Stueve Siegel Hanson as settlement class counsel. In 2012, the Court approved a class action settlement of $25 million between Plaintiffs and Ferrellgas.

Class action

Bank Overdraft Fees Litigation

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OUTCOME: Settlement

Barrett represented bank debit-card customers in their lawsuits against banks alleging unfair and deceptive assessment of overdraft fees. These cases have resulted in settlements of $30 million on beha ... lf of consumers.

Litigation

Petroski et al. v. H&R Block

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OUTCOME: Ongoing

Barrett represents thousands of H&R Block tax professionals alleging that H&R Block violated federal and state law by failing to pay them for the 24 hours of training required by H&R Block after a tax ... season in order for its tax professionals to continue in their employment and prepare returns for H&R Block in the next tax season. Plaintiffs allege that because this training is mandatory and occurs during the existence of a continuing employment relationship between H&R Block and its tax professionals, these training hours are compensable under federal and state law. The lawsuit is pending in the United States District Court for the Western District of Missouri. The Court certified a nationwide collective action under the FLSA and a California and New York Rule 23 class. Nearly 18,000 H&R Block tax professionals have joined the collective action lawsuit seeking unpaid wages for these mandatory training hours.

Barrett Jay Vahle's Legal Cases (6)

Associated Wholesale Grocers, Inc., et al. v. United Egg Producers, et al

In re Eclipse Aviation Depositor Litigation

Plubell, et al. v. Merck & Co., Inc.

In re Underfilled Propane Litigation

Bank Overdraft Fees Litigation

Petroski et al. v. H&R Block