Endorsement - Client
Michael Kelly represented me in pivotal “bet the company” damage claim against a major wall street firm. The defendants and their lawyers were less than “honorable” in defending the despicable acts approved at the highest levels of the corporation. After nearly two and one-half years of international discovery, dozens of depositions, court delays, frivolous appeals and challenge to a trial court judge, the matter came to trial. Defendants hired private investigators, jury consultants, dozens of mock jurors, media consultants, trial testimony preparation consultants and conducted mock trials. Mr. Kelly and his legal team accepted every deceitful and devious tactic of the defendants with respect for legal tenets, principles and ethics. After nearly two months of trial, Mr. Kelly prevailed on my behalf. I was thrilled with Mr. Kelly’s legal expertise and calm demeanor. He was always prepared and several steps ahead of the deceptive acts of defendants and their lawyers. The defendants did not fare well and filed for bankruptcy within less than a year after trial. Michael Kelly is a very fine and honorable advocate for his clients.
A great class action lawyer: $12m settlement and justice served.
Michael Kelly represented my class in a high-profile class action suit vs. Verizon Wireless. The cell company promoted Bluetooth functionality that was, in fact, intentionally crippled in its product. Kelly's firm acted quickly and decisively to bring the case against Verizon and forge a settlement that I am sure will be effective in moderating future claims. Kelly's team kept the big picture in sight, throughout a highly technical case. And, they proved highly effective against a deep-pocketed adversary. I highly recommend for others who find themselves similarly situated and in search of justice.
Honor a court order
This firm represented me in a mass tort. Because I'm in an active Chapter 13 bankruptcy I need court approval though the trustee to accept the settlement offer and attorney fees. I explained this to the attorneys office several times and was told they do not practice bankruptcy law, so I explained it to them. The settlement offer came in and I immediately sent to my bankruptcy attorney who then presented to the trustee for approval. My attorney then needed to draw up a motion for the trustee to put in writing the terms for the approval of the settlement. Motion submitted, settlement approximately $113K, trustee wants $90K. Or the settlement is rejected. Order submitted and signed by a judge, in December 2019. Order sent to attorney January 10, 2020. Order has been ignored. Told by attorneys office claims administrator was never sent the order, order uploaded on February 3, 2020. Order still ignored. Per attorneys office claims administrator wants to verify the trustee is following section 541 of the bankruptcy code and needs paperwork from trustee. This is false. Of course the trustee is following section 541 of the bankruptcy code and the trustee has sent paperwork, a court order with the amount and how the distribution is to be made. The trustee has spoken through the order signed by a judge. I have tried to follow-up to no avail, and have received no return calls. I called on 2/24/20 because I had found out that a hearing was sechduled. Someone was to call back and no on did. Of course I'm angry and upset. I can only imagine if I were to ignore a court order, I would be in contempt. Every time your office needed something immediately for court the next day, week, you got it.
Response from Michael Kelly July 13, 2021
Christina, we are sorry that our representation did not meet with your approval. Unfortunately, since you were a client of the firm, we are not able to discuss your particular claim and issues online. I am advised that you have had an opportunity to discuss your issues with our mass tort department, and we would still be willing to discuss your case with you further if you so desire. Please feel free to call our firm and make an appointment to discuss directly with me. Michael Louis Kelly, Managing Partner, 310-536-1000.
Stay out of class action suits with this firm!
I was part of Cymbalta class action lawsuit, I first called Sokolav LLC from a TV commercial detailing withdrawal symptoms related to cymbalta and the pharmaceutical company allegedly not being totally upfront about the percentage of people it may affect.I began this suit approximately in 2012. Apparently for a portion of the winnings soklov law came to an agreement with Kirtland & Packard to handle the case. I was sent paperwork for me to fill out about how long , my daily dosage, the affects of the medication while taking it and the terrible withdrawal when I stopped etc. from 2012 to 2018 I received on 2 emails giving me any updates or info regarding status of the case. I called approximately January 2016 to ask what’s going on with the case and I was told by a staff member We’re working on a settlement agreement and we will contact you sometime in August 2016. I received no call in August, I decided I Jan 1 2018 because once again no email/ phone updates were sent to me for update. Well I spoke to Brandon and he said we’re mailing out now your settlement offer you should have it soon. January 30 2018 after 6 years of waiting I get my offer. I don’t want to say exactly what it was but it was less than 1500.00 I had no problem with the offer because the one time they did speak to me they said it will be no less than a 1,000.00 and up. What angered me was the following page which details the 40% Lawyer fee of approximately 589.00 another group benefit fee( not quoting precisely) 236.00 and a fee of special work on your case of 23.36 . When they spoke to me on the phone no staff told me that your settlement will be approximately 1,000.00 or more NOT INCLUDING Lawyer fees and all these rediculous fees! Nor did they mention that if you have any liens, civil judgements, Medicare or past due doctor fees and if you’ve had a bankruptcy going back TEN YEARS they can withhold your money in order to pay anyone you may possibly owe and after all that’s said and done fill out this 1099 tax form. If and that’s a big IF any of your money is left over we will cut you a check IF there’s any money left over. Now of course I was called by Michael Kelly who basically said ( if you read the contract it’s in there and pharmacudical companies are evil and hard to beat. He also had the nerve to say they weren’t making much money off this suit,,, Yeah well if day they had 300 clients for this case and some clients got upward of 3000.00 offer plus their fees for every sheet of paper, paper clip, stamp, ink pen, envelopes etc ontop of the many other lawsuits they have ongoing and also claim to have won 8 figure lawsuits your not broke. I’ve done some research and most class action law firms charge 30% Lawyer fees. It would have been fair if they lowered their fees since they couldn’t win the case or even get the drug off the market. Plus out of all this you have to sign a form stating you can NEVER sue for any further future or past damages from cymbalta. Really? For this little offer? Go pound sand!
Response from Michael Kelly February 5, 2018
I am sorry that you are disappointed in the results of the Cymbalta litigation. Unfortunately, because of ethical confidentiality obligations, I am not able to respond directly to the specifics of your case and complaints online. In general, drug injury cases, because of the time, effort, and money needed to prosecute them against extremely well financed defendants, are almost always prosecuted in a mass action (hundreds or thousands of cases of individual cases coordinated in a single court) but they are not class actions. Before we accept any drug injury case, each client is sent and must sign and return a retainer agreement that clearly discloses the fact that out-of-pocket costs related to the lawsuit will be deducted from any settlement or judgment and the exact percentage of attorney’s fees to be charged. If and when a settlement is offered, unlike class actions, those offers are individual to each client based upon that client’s specific circumstances, and the client can choose whether to accept or reject it. Sometimes these cases also turn out not to be successful, despite years of time, effort, and money expended on the part of the law firms prosecuting the litigation. We do our utmost to be successful in the cases we prosecute on behalf of our clients, but we cannot and do not guarantee every case will be successful or produce the type of monetary recovery desired by both our clients and our firm.
I am sure that the proposed resolution of your claim was very frustrating and not the result you had hoped for. But thank you for taking the time to express your feedback, as we always welcome feedback of any kind to help better serve our clients.