nia immediately after settlement negotiations began in Florida in Fladell.
“On February 3, 2014 the parties in
Fladell reached a settlement in principle,” anticipating that a motion for preliminary approval of their class action
settlement would be filed in March. On
19, 2014, a Federal Court stayed
an alleged LFPI class action involving
California homeowners. The ground for
the California court’s order was that a
settlement in Florida in Fladell might
preclude the LFPI class action alleged
in the complaint which was filed in
California in October 2013. Ursomano
v. Wells Fargo Bank, N.A., 2014 WL
644340 *1-* 2 (N.D. Cal. Feb. 19, 2014).
In sum, the approach of the Washington court is the best-reasoned decision of the three cases discussed here
on the same issue. The federal judge’s
ruling in Washington bears emphasis
and repetition alike. That ruling allows the plaintiffs in Washington “an
opportunity to come forward with
evidence or argument that demonstrates
that they opted out of the [Florida] settlement or that their claims are somehow not covered by the settlement.”
There is really only one arguably bet-ter-reasoned approach than this. That approach would be to make the defendants
raising the issue of claim preclusion come
forward with evidence or argument that
demonstrates that the Washington state
plaintiffs’ alleged claims and classes are
somehow covered by the settlement of
Fladell in Florida. NWL
is working on a
book on lender
He is an experienced litigator
and expert witness, an AV-rated
attorney, and an elected member
of the American Law Institute.
Contact him at djw@dennisjwall.
com or 407-699-1060.
A Hospital Mistake . . . .
“After my husband checked into a hospital
ER with a blood clot in his leg, the nurse
failed to give him prescribed blood thinners
before a scheduled procedure. He died the
next morning of a pulmonary embolus.
“I feel my path led me to CMG’s office and
Tyler Goldberg-Hoss. Not only is Tyler
personable, but he went above and beyond
to ensure the process was not a burden
to me and to achieve the final result. The
settlement will take care of my daughter’s
needs for the rest of her life.”
Tyler Goldberg -Hoss
Partner Medical Malpractice. It’s All We Do.
155 NE 100th St., Ste. 400, Seattle, WA 98125