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Michael D. Donovan

Michael Donovan’s Answers

16 total


  • Is this kind of issue suitable for a class action suit?

    I have a vehicle which has been maintained well and has relatively low mileage over the course of 6 years. Recently when backing out of a drive way and shifting to drive, the console where you see what gear the car is in goes blank and the car is ...

    Michael’s Answer

    I too agree with Mr. Isquith. Ask your dealer if there is Technical Service Bulletin (TSB) addressing the issue and whether he will give you a copy. You can also search for TSBs on the issue on the NHTSA website. While there, you should file a safety complaint with NHTSA and send a copy to the manufacturer.

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  • How long does it take to receive a check after you have settled a class action lawsuit. As well as turn in all your paperwork?

    Turned in all paperwork and signed documents in regarding to a class action settlement with my job that was finalized last month. Do the sate of Virginia have statutes in regarding how long does it take to receive the check.

    Michael’s Answer

    It could take as much as two years, and perhaps even more. First, there may be objections to the settlement. If the objections are overruled, the approval could be appealed, which could take many, many months. Second, most settlements related to employment require calculations based on the aggregate number of claims and class members. Those calculations could take some time. If the claims relate to unpaid wages, there will also be tax consequences for both the class member and the employer. Those too require filings and final determinations. To get a better idea, you should call class counsel. As for statutes governing "how long" it takes to receive a check, no, there are no such statutes for the simple reason that any such statutes would not make sense given the vast array of different cases that might result in a class action settlement.

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  • In a class action lawsuit, what happens to unclaimed funds?

    It doesn't go to the state does it?

    Michael’s Answer

    Several states, including Oregon, Washington and Pennsylvania have specific rules requiring some or all of the unclaimed class funds to be paid to the state's Interest on Lawyers Trust Account Fund, which funds community legal services programs, including Legal Aid. The remainder of the funds are usually directed by the Court to be paid to similar organizations that meet the definition of next best use, so as to prevent or remedy future violations covered by the class action. Several courts have also ordered second or third distributions, particularly where claimants have not received 100% recovery from the first distribution. Unfortunately, conservative and biased propaganda has misrepresented the "next best use" remedy as some sort of gimmick directed by lawyers or judges to fund their pet charities or to inflate the actual achievement of the case. This propaganda is just that, false and baseless propaganda. Although some cy pres resolutions may be criticized, the fact is that the defendant should be deprived of its ill-gotten gains to both deter it from future violations and to justify the release it is obtaining from further litigation. To the cynical critics who are generally uninformed about the real use and purposes of class actions and the fact that some checks may never be cashed or some class members may never be found, I say malarkey to the comment that the remedy is manipulated or somehow improper. Those who do not know should not comment.

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  • Can someone help is getting a legal malpractice possible class-action against this firm?There are many similar complaints online

    I hired a law firm to handle a PI case from a hit & run driver. The lawyer assigned to the case did nothing for nearly 2 years before even sending the case to the insurance company for settlement. All medical treatment was completed with the fir...

    Michael’s Answer

    If you settled the case, you now have a contract. By signing the settlement, you probably spoiled any other claim you may have had.

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  • I feel that I was forced to accept the settlement offer. May I appeal, based on inadequate representation?

    My significant other passed away August 14, 2014. He designated me as beneficiary on his IRA Account in June of 2013. His son somehow removed me as beneficiary, and surreptitiously appointed himself and his daughters. as beneficiaries. I do know ...

    Michael’s Answer

    No, you are bound by the settlement. It is a contract.

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  • Should i join a class action lawsuit against my current employer for unpaid overtime?

    I would like to stay at my company for the time being. I know my employer is in violation of employment and wage laws. I can provide evidence if needed. However, I know lawsuits are public and it may effect my ability to get another job. Also ...

    Michael’s Answer

    The short answer is YES, most definitely!

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  • 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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