Settlement Updates

Community Bank of Northern Virginia and Guaranty National Bank of Tallahassee

Updated 08-04-2017

A full hearing and argument were held before the ADR panel commencing February 1, 2017, and concluding on March 15, 2017. On March 24, 2017, the panel issued its ruling.  The panel unanimously selected $24,000,000 as the amount that they believed most closely reflected the total valuation of the case. A copy of the panel’s ruling is linked below. It is anticipated that settlement checks will be mailed to class members in the next 30-60 days.

The Kessler-ResCap Bankruptcy Settlement has been funded and settlement checks were mailed to class members on April 4, 2017. A copy of the Kessler Settlement Notice is linked below. Paragraph 8 of the notice provides specific details regarding the formula used to determine the amount any given class member received.

Updated 09-15-2016

After conducting numerous mediation sessions between Defendant PNC Bank (the successor to CBNV) and Plaintiffs’ Co-Lead Counsel over the past few months, the Parties have agreed to a class settlement.  Pursuant to that agreement, on August 19, 2016, Judge Schwab issued an Order appointing a three-member alternative dispute resolution panel (the “ADR Panel”) that will consider the evidence and determine whether the class of CBNV borrowers will receive $24 million or $70 million.  The Order directs the ADR Panel to make its ruling no later than March 31, 2017. Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement was granted on September 14, 2016. Notice of Preliminary Approval of Class Action Settlement will be mailed to all CBNV class members within 30 days of the preliminary approval order. A copy of that Notice and the aforementioned Orders and other documents are available by clicking on the hyperlinks found below.  Those documents describe in more detail the terms and conditions of the settlement.

The Kessler Settlement reached through the ResCap bankruptcy proceeding in the Southern District of New York provides for payment to class members comprising both CBNV and GNBT borrowers. The process for finalizing the settlement is close to being completed and we anticipate that a disbursement of monies to class members will be made no later than the end of the first quarter of 2017.  A link to a copy of the Notice for the Kessler Settlement can also be found below.

American LaFrance Employment Class Action

Case No.: 2:14-cv-220-RMG

The district court granted final approval to this class action settlement on August 31, 2015.

Berkeley County, South Carolina Impact Fee Class Action

Case 2015-CP-08-1153

The Circuit Court granted preliminary approval of this class action settlement on April 8, 2016 and final approval on June 29, 2016. Checks are scheduled to be mailed to all class members on the week of August 15, 2016.

Big Water Resort Settlement Agreement

UPDATED 2/10/2016

A settlement agreement has been reached in this case. The full settlement agreement and the notice sent to class members on February 10, 2016 are linked below. If you have any questions regarding the settlement, please contact us at 888-825-9265 to leave a message for counsel.

Big Water Final Notice to Settlement Class 2-10-16
Big Water Settlement Agreement

The Church of Christ at Azalea Drive v. Forest River, Inc., et al.

Case No.: 2:11-cv-03371-PMD

The district court granted final approval to this nationwide class action settlement on March 31, 2015 following a hearing before the Honorable Patrick Michael Duffy. The final order is below. Vehicle owners who are part of the recall will automatically be notified.



Horry Electric Cooperative Settlement

On March 3, 2014, the Honorable Benjamin H. Culbertson granted preliminary approval to the class action settlement known as Vance, et al v. Horry Electric Cooperative, pending in Horry County, South Carolina.  Under the terms of the settlement, class members may submit claims for recovery from a six million dollar fund arising out of the installation of vapor barriers in Horry County homes certified for participation in the Good Cents program. Class members may recover from either an automatic payment fund, which provides for a recovery of two thousand dollars, or a remediation fund, which provides for reimbursement of up to twelve thousand dollars for the removal of the vapor barrier.

Notice and claim documents will be mailed to class members no later than March 17, 2014.  The claim selection form must be mailed and postmarked no later than June 16, 2014.  All details surrounding the submission of the claim form and associated documents will be located in the mailing to class members and can also be identified on the documents attached here.

Please contact Chris Tuck or Jay Ward with any questions regarding the administration of the settlement at 843.727.6500.

Final approval was granted 5/30/14.

Updated 7/14/2016

Horry Electric filed a motion to disqualify certain people as class members. This motion was opposed by Plaintiffs and denied by the trial court. As a result of the trial court’s denial of its motion, the utility filed an appeal. On June 29, 2016, the S.C. Court of Appeals affirmed that the settlement is a binding contract and that all of the class members must be reimbursed according to the terms of the settlement agreement.



Hess v. Volkswagen

The district court granted final approval on November 21, 2012. The approval order was appealed by an objector.  The appeal has been dismissed and the settlement has now become final.  Rust Consulting will now begin processing the payment of valid claims and mailing checks to qualifying class members.  These payments were mailed in 2013.

The district court has denied any additional requests for claims payments.



Fidelity Settlement Update

We are pleased to report that the checks to all timely claimants have been mailed. If you timely and properly filed a claim, your check has been mailed. Congratulations! The check you received will be the final compensation for all of your family’s properly supported, unpaid medical claims which should have been paid by the Fidelity Plan. The check represents full and complete compensation for all recoveries you and/or your family will receive under the terms of the settlement in Gunnells v. Fidelity Group, Inc. et al. C.A. NO: 2:98-2659-23. This is the final payment you will receive from this lawsuit.  Read More.



Household Goods Movers Antitrust Settlement & In re DJK Residential LLC

The United States District Court for the District of South Carolina has granted final approval to a nationwide class action settlement related to fuel surcharges imposed by certain household goods carriers. Plaintiffs alleged that the defendants unlawfully imposed fuel surcharges that overcompensated carriers for their increased fuel costs. The court-approved administrator, Rust Consulting, has completed its administration of the settlement.



IN RE: Wachovia Corp. “Pick-A-Payment” Mortgage Marketing and Sales Practices Litigation

The Final Fairness Hearing was held on Friday, April 20, 2011. On May 17, 2011 the Court granted final approval of the class action settlement. The deadline for appeals to be filed was June 16, 2011 and three separate appeals were filed. As of August 30, 2011, all pending appeals have been dismissed and the Settlement has become final.