BCH Announces Six-Figure Overtime Settlement on Behalf of Beer Distributor’s Stockers/Merchandisers

An Atlanta federal judge today approved a $128,500 settlement on behalf of a group of stockers and merchandisers employed by a major metropolitan beer distributor. The plaintiffs alleged that the distributor, Atlanta Beverage Corporation (ABC), wrongly paid them salaries plus commission, without paying any overtime, for their work moving cases of beer and other beverages from back stock to the sales floor in Wal-Mart, Kroger, and other retailers. Without admitting any liability, ABC agreed to settle the plaintiffs’ claims for an amount averaging each worker approximately $5,600 in back wage payments, in addition to paying the plaintiffs’ attorneys’ fees and expenses, as well as paying two lead plaintiffs $3,750 each for their work in the litigation. Attorneys’ fees and expenses in the case were just shy of $59,000.

“We’re proud to achieve this excellent result for our clients and members of the opt-in class,” said lead BCH attorney Rob Cowan in a statement. “We estimate that the settlement effectively makes every plaintiff in the case ‘whole’ in terms of getting their back wages paid, and the plaintiffs do not have to come out-of-pocket to pay their attorneys’ fees or expenses.”

“I’m pleased that the case was resolved,” said Plaintiff Robert Turnbow. “This firm was very professional and prompt in getting this case resolved.”

At Bailey Cowan Heckaman PLLC, our Houston overtime attorneys are committed to fighting for the rights of workers, no matter the size of the company they’re facing down. Since we first opened our doors, we have successfully fought for and secured the legal outcome our clients need. Call us to learn more about what we can do for you, or fill out our online form to start out with a free case consultation.

U.S. Supreme Court Refuses to Hear Crane Co.'s Appeal, Securing Victory for BCH Client

The United States Supreme Court announced on Monday, March 26 that they will not hear Crane Co.’s appeal of the Missouri appellate courts’ decision to uphold the original $11.5 million jury verdict in favor of Jeanette Poage, whose husband died in 2012 from mesothelioma contracted after he was exposed to asbestos while working on a World War II-era ship in the 1950’s.

Missouri Court of Appeals judges wrote in their decision that,

“In the present case, Mr. Poage suffered more than mere economic damages. Mesothelioma is a gruesome disease. Dr. Pantaleoni explained the effects it has on one's body: “[Y]ou can have your lungs compressed so you suffocate and die, it can choke off your stomach so that you starve to death or it can choke off your throat so you can't eat and you die.” Moreover, detecting the disease is very difficult. Dr. Arnold Brody testified that the duration of time between an individual's exposure to asbestos until symptoms of mesothelioma occurring usually spans “20 to 80 years,” but most cases involved a latency period of “30 to 50 years” or “40 to 50 years.” In Mr. Poage's case, he left the Navy in 1958, and he was not diagnosed with mesothelioma until September of 2011. The time between the inhalation of the asbestos dust and its manifestation of physical symptoms makes it much more difficult to detect the “harm.””

At Bailey Cowan Heckaman PLLC, our mesothelioma lawyers are committed to fighting for the rights of injured victims and their families, and will not stop fighting until we secure the legal outcome you need. Call us to speak with a member of our firm today, or send us your information through our online form to schedule a free consultation. You deserve representation that understands what it takes to win at the highest levels – we have the track record you can count on.

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SCOTUS Upholds BCH's $124 Million Trial Victory

Bailey Peavy Bailey Cowan Heckaman PLLC (BPB) has successfully represented the State of South Carolina in a legal battle against Janssen Pharmaceuticals, Inc. The case centered on false and misleading communications that Janssen made to South Carolina doctors and others around the country about the safety of Risperdal, especially its safety in vulnerable populations like children and the fragile elderly.

The Supreme Court refused to hear Janssen's appeal of the $124 million jury verdict, which had already been upheld by the South Carolina Supreme Court. BPB represented the State of South Carolina in the trial and appeals, together with South Carolina co-counsel. The $124 million deceptive trade practices judgment concerning Janssen's false and misleading marketing of its powerful antipsychotic drug becomes payable to the State, plus accrued interest.

BPB's Lawyers Steer the Case to a Successful Result

BPB's Rob Cowan, Elizabeth Dwyer, and Justin Jenson effectively steered the case from filing the complaint to securing the successful result for this very important and high-profile client. "We are very proud of our representation of South Carolina and all our state government clients and the results achieved," said Cowan, a partner with the firm.

Janssen Found Guilty of Violating Unfair and Deceptive Practices Act

The case began in 2011 when a unanimous jury in Spartanburg, South Carolina, found that Janssen had violated the State's unfair and deceptive practices act by failing to include important, missing safety information in its drug label, and by sending a letter to doctors in 2003 claiming that Risperdal did not cause certain side effects, though the FDA strongly differed with that letter. Ultimately, the trial court determined that Janssen had violated the statute approximately 500,000 times during the relevant period, and awarded penalties under the statute for each of those violations.

Who We Help

At BPB, we do not limit their representation to individuals who have been wronged. Our skilled litigators also stand up for organizations that have been defrauded or subject to wrongdoing by large corporations, including unions and state governments. When your legal situation needs the help of a seasoned and powerful attorney, call us.

For more information, you can read the press release about the case here.

BCH Represents Widow in Mesothelioma Case, Gets $11.5 Million Verdict

A Missouri state court jury has granted $11.5 million to the widow of a deceased Navy veteran, following her claims that his death resulted from asbestos exposure during his military service.

Our firm was proud to have represented Jeanette Poage, the widow of the Navy veteran who allegedly was exposed to asbestos during his time in the military. Poage’s husband passed away in 2013 from mesothelioma lung cancer.

Jeanette Poage alleged that he had been exposed to asbestos-containing products while serving as a machinist's mate in the Navy during the 1950s. The lawsuit claimed that the defendants had failed to adequately warn the public about the well-known risks associated with asbestos.

After a six-day trial, the jury, on July 2, ordered Stamford, Conn.-based Crane Co. to pay $1.5 million in compensatory damages and $10 million in punitive damages. Prior to the trial, the other defendants in the case had reached settlements.

Mrs. Poage is represented by lead counsel Fletch Trammell of Trammell PC in Houston, and  Robert Cowan and Aaron Heckaman of BPB, also based in Houston. Ben Schmickle of SWMK Law in St. Louis, Mo., serves as co-counsel.

Mr. Heckaman stated, "The evidence showed that the defendants knew of the health risks of working with these products, but did not issue warnings about the dangers. Because the dangers were ignored, hard-working families like the Poages suffered terribly."

Mr. Trammell expressed appreciation for the jury's service and the impact of the verdict. He said, "Mrs. Poage and her legal team are grateful for the service of the jury and for the message they sent in this case. This verdict reminds us that companies marketing toxic products must issue warnings and precautions for the use of the products – or face the consequences."

The case, "Jeanette G. Poage, et al., vs. 3M Company, et al.," Cause No. 1322-CC00059, was heard in the 22nd Judicial Circuit Court of Missouri.

The trial lasted two weeks. Robert Cowan and Aaron Heckaman represented Mrs. Poage as lead counsel. For more information, see the press release.

BCH Lead Outside Counsel in Risperdal Case Awarded $15.5 Million

The Commonwealth of Kentucky Attorney General’s office announced a $15.5 million dollar settlement with Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, over allegations that Janssen misled Kentucky consumers about its drug Risperdal and marketed the drug for purposes other than that approved by the FDA.

“Janssen and Johnson & Johnson put patients at risk when they marketed Risperdal without disclosing the drug’s known side effects,” Attorney General Jack Conway said in the December 23, 2015 announcement. “These side effects were even more harmful to children and elderly patients.”

Bailey Cowan Heckaman PLLC represented Kentucky as lead outside counsel in the case. Including this settlement, BCH has amassed over $159 million in consumer protection judgments and settlements against Janssen over the marketing and promotion of its antipsychotic drug Risperdal. In the Kentucky case, Tad Thomas of the Thomas Law Offices served as BCH’s co-counsel. The Attorney Fees & Expenses for this case totaled $2,244,647

Attorney General Conway’s press release concerning the Kentucky Risperdal settlement is available here.