He was successful in obtaining a national class certification and a series of summary judgment decisions as to liability and damages resulting in a $42 million judgment, which represents a full recovery of class members’ damages plus interest. Schwartz served as Plaintiffs’ Lead Trial Counsel and presented all of the district court and appellate arguments in this national class action regarding grocery delivery overcharges. The Court approved the $8.25 million settlement in which class members were automatically mailed checks representing a full or near-full recovery of the actual amount they paid for the administrative fees. Schwartz served as co-lead counsel in this national class action alleging that defendant Cigna and its subcontractor, ASH, violated the written terms of ERISA medical benefit by treating ASH’s administrative fees as medical expenses to artificially inflate the amount of “benefits” owed by plans and the cost-sharing obligations of plan participants and beneficiaries. In re Cigna-American Specialty Health Administrative Fee Litigation, No.The $26.85 million cash recovery represented the vast majority of provable damages that likely could have been won at trial and between about 65% to 75% of the Trustees’ available insurance policy limits to pay any final judgment achieved through continued litigation. The cases settled shortly before trial for $26.85 million plus substantial governance reforms including appointment of a Neutral Independent Fiduciary. Schwartz served as Plaintiffs’ Lead Counsel in this case which alleged that the Trustees of the AFM Pension Plan made a series of imprudent, overly-aggressive bets by investing an excessive percentage of plan assets in risky asset classes such ss emerging markets equities and private equity far beyond the percentage of such investment by other Taft-Hartley pension plans. Board of Trustees of the American Federation of Musicians Pension Plan, No. See featuring prominent actors supporting the lawsuits. The Fisher case asserts related claims for breaches of fiduciary duty and the duty of fair representation against the trustees of the SAG AFTRA Union. The Health Fund case challenges the SAG-AFTRA Health Plan Trustees’ decision to merge the SAG and AFTRA health plans, their related failures to implement the merger and properly manage the Plan’s deteriorating financial condition, their imprudent negotiation of the 20 Commercials, Netflix and TV/Theatrical contracts, and the subsequent decision to eliminate health benefits for senior actors.
Schwartz serves as Co-Lead Class Counsel in these cases. Schwartz as Plaintiffs’ Co-Lead Counsel in this multi district litigation alleging claims for economic losses, medical monitoring and personal injury in connection with Philips’ recall of millions of CPAPs, BiPAPs and ventilators that contained polyester-based polyurethane foam that degrades into particles and emits volatile toxic compounds.
In re Philips Recalled CPAP, Bi-Level PAP, And Mechanical Ventilator Products Litigation, MDL No.Schwartz has been successful in obtaining several settlements and judgments where class members received a full recovery on their damages. SCHWARTZ has prosecuted complex class actions in a wide variety of contexts.
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