Ali Abtahi's Legal Cases (3)

Antitrust and trade law

Ohio Public Employees Retirement System v. McKesson Corporation

May 01, 2013

OUTCOME: $18.325 million dollar settlement.

Served as special counsel for the Ohio Attorney General in a lawsuit against McKesson Corporation for an alleged scheme to inflate the price of drugs prescribed for beneficiaries of the Ohio Public Emp ... loyees Retirement System, State Teachers Retirement System of Ohio, and the Ohio Bureau of Workers’ Compensation. The Ohio entities alleged that McKesson conspired to intentionally inflate the average wholesale price (AWP) markup factor applied to over 400 pharmaceutical, thereby causing the Ohio entities whose payments are based on the published AWP, to make substantial excess payments for those pharmaceuticals.

Class action

Madanat v. First Data Corporation

Aug 06, 2010

OUTCOME: Appointed class counsel. Appeal pending.

Nationwide certified class action challenging the legality of an optional liquidated damage provision in First Data's standard equipment lease contracts. As alleged, First Data’s standard form default ... provision provides triple recovery, and it fails to consider mitigation of damages. Specifically, the provision allows First Data to obtain: (1) the benefit of the bargain, in that it accelerates all remaining lease payments; (2) the so-called “fair market value” of the terminal, as determined solely by First Data; and (3) any potential payments obtained from another merchant by re-leasing the repossessed terminal.

Class action

Pinel v. Aurora Loan Services, LLC

Jun 08, 2010

OUTCOME: $5.25 million settlement.

Mortgagor brought class action against loan servicer, asserting that servicer's “workout agreements” fraudulently induced them to make payments to Aurora under the false hope of curing the arrearage on ... their mortgages. Specifically, the case challenged servicer's business practices with respect to its use of mortgage “workout agreements,” pursuant to which it purported to allow borrowers who had defaulted on their loans to repay the arrearage and avoid foreclosure, but subsequently resulted in foreclosure borrowers' homes.

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