| Ellis & Rapacki LLP handles complex
civil litigation for plaintiffs, primarily claims involving consumer
fraud, serious personal injury or death, and “whistleblower” actions.
Almost all of our cases focus on some type of corporate wrongdoing,
from the negligent failure to provide adequate security to the intentional
overcharging of consumers or the government. Some of the more notable
cases the firm has successfully handled include:
1. False Claims Act Case Against Cephalon, Inc.
Represented a “whistleblower,” or relator, in a qui
tam action arising from the illegal off-label drug marketing practices
of the pharmaceutical company Cephalon, Inc. The case, along with
three other qui tam actions and a related criminal matter, were
settled by Cephalon’s payment of $425 million to the federal
government and several states. Our client shared an award of over
$58 million with the three other whistleblowers.
2. Massachusetts Vitamin Price-Fixing Litigation
Represented a class of Massachusetts consumers who paid higher
prices for processed food products as a result of a price-fixing
conspiracy in the bulk vitamin industry. The firm was lead counsel
in this precedent-setting case, which resulted in more than $23
million in settlement payments.
3. In Re: GECC Bankruptcy Reaffirmation Agreements
Litigation
The firm was lead counsel in litigation challenging General Electric
Capital Corp.’s debt collection practices involving consumers
who filed for bankruptcy and were requested to “reaffirm” their
debt to GECC. The firm negotiated a nationwide class action settlement
valued at over $100 million providing full reimbursement to class
members.
4. Eappen v. Woodward
Represented the parents of Matthew Eappen, the 8 month-old baby
who was killed by Louise Woodward, in the civil case against
Woodward. Among the terms of the confidential settlement was
a provision barring Woodward from personally profiting by selling
her story.
5. Sex Discrimination Case Against Fraternal Order
of Eagles
The firm, along with the Trial Lawyers for Public Justice, represented
two Boston residents who were denied full membership in the Fraternal
Order of Eagles on account of the national organization’s
male-only membership policy. A settlement negotiated by the firm
ensures that the FOE may no longer deny full membership privileges
to women who join a Massachusetts chapter.
6. Over-collection of Sales Tax From Consumers
The firm has been lead counsel in a number of class actions challenging
a seller’s over-collection of sales or use taxes. In one
case, Stop & Shop Supermarket Company agreed to settle a
statewide class action by providing full reimbursement of the
overpaid taxes. Another case, involving Dell Inc. and the State
of Washington, the firm secured a settlement resulting in the
payment of over $20 million to consumers.
7. Overcharging of Premiums on Life Insurance
The firm has successfully litigated cases against Royal Maccabees
Life Insurance Co. and Union Central Life Insurance Co. for overcharging
small employers on group life insurance premiums for their employees. |
