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December 1999
- KrislovLaw files case dealing with privatizing
Amway Subsidiaries
November
1999 - Yield burning-KrislovLaw
surmounts first hurdle in Cook County Case!
October 29, 1999 -
Consumer - Landlord Tenant Matters - Excessive Late
charges. KrislovLaw
obtains summary judgment on behalf of certified class...
August 27, 1999 -
KrislovLaw turns tables on insurance companies seeking
excessive subrogation amounts!
July 3, 1999 -
Constitutional Rights: KrislovLaw knocks out Illinois
restrictions on Candidate Petition
Circulators.
June 9, 1999 - Krislov
& Associates, Ltd. files shareholder
class action against McKESSON HBOC, INC.
ERISA- $6.9 million cash plus 20% ownership doubles employees'
retirement funds!
After 9 years of litigation, KrislovLaw produces $950,000
settlement from Hoyne
Savings Bank for misamortizing home mortgage loans by
charging interest in advance.
News- April 23, 1999-- Appellate
Court reinstates KrislovLaw Civil RICO count against Allied
Waste Services, Inc.
If you are a garbage collection customer of
either Allied or National or their affiliates,
email us.
November
1999 - Yield
burning-KrislovLaw surmounts first hurdle in Cook County Case!
On November 3, 1999, U.S.District Judge George W. Lindberg
denied the motions by the bankers and accountants, eventually
joined by the Cook County State's Attorney to have the case
dismissed for technical defects in the demand.
One of a series of
"Yield Burning" cases filed as taxpayer derivative
actions alleging that investment bankers marked up and
overcharged municipalities for U.S. Treasury securities sold
them to refinance outstanding municipal debt, and accountants
failed to perform the certification analysis correctly to
prevent the "Burn" from occurring. The defendants had
challenged plaintiffs' demand, timely made on the Cook County
State's Attorney, in the view that the County is a municipality
of over 500,000 population. the defendants had argued that the
County should not be regarded as a "municipality", but
rather as an "other entity" for whom the demand should
have been made instead on the County Board President. Noting
that the purpose of the statute was to ensure that the county is
aware of the demand, and that the county was certainly aware,
since the State's attorney had entered an appearance in the case
months ago, Judge Lindberg believed that it would be elevating
form over substance to dismiss the case for this technical
issue. Read the opinion
Rifkin, et al. v. Bear Sterns &
Co.
U.S.District Court
Northern District of Illinois
Case No. 99 C 3549
November 3, 1999 Opinion of Hon. George W. Lindberg
October 29,
1999 - Consumer - Landlord Tenant Matters - Excessive Late
charges. KrislovLaw
obtains summary judgment on behalf of certified class of
low-income tenants for Landlords’ violation of Illinois
Consumer Fraud Act and Chicago Residential Landlord and Tenant
Ordinance.
The Circuit
Court of Cook County, Chancery Division (Circuit Judge Sidney A.
Jones,III), granted summary judgment to a certified class of
low-income tenants who were overcharged $20 for late payment of
rent, disguised as a “service” charge, and whose rental
agreements provided for automatic termination of tenancy,
violating both the Illinois Consumer Fraud Act and the Chicago
Residential Landlord and Tenants Ordinance. Read the Court’s opinion
for more details on this victory for tenants.
August 27, 1999 -
KrislovLaw turns tables on insurance companies seeking excessive subrogation
amounts! If your health insurer glommed onto your tort recovery without reducing it
for your attorneys fees, you may have been overcharged. Recently, in
Health Cost Controls v. Sevilla (Illinois Appellate Court, 1st
dist. August 27, 1999), the appellate court reinstated our claim against
HCC, representative for a number of health insurance companies,
which has refused to reduce its health insurance subrogation claims for the attorneys fees
that produced the third-party recoveries. The result is the injured party
is overcharged. In this case, HCC sued the injured party and its lawyer. We counterclaimed
for the class of all such insureds against all health insurers represented
by HCC. HCC then tried to remove the case to federal court, but we had it
remanded. They then convinced the state trial court judge to dismiss both
their own claim and our counterclaim. Last week, the Illinois Appellate
court reversed and reinstated our claim against HCC! This somewhat
intricate claim means major dollars to injured consumers. We'll keep you
posted as the case develops! However, if you had a tort recovery subrogated
by your health insurer, you may have been overcharged. Feel free to contact
us.
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July 3, 1999 - Constitutional
Rights: KrislovLaw knocks out Illinois restrictions on Candidate
Petition Circulators. In a decision that levels the access rules for potential
candidates in Illinois, U.S. District Judge Elaine E. Bucklo
held that Illinois' statutory restrictions that invalidate
signatures on petitions circulated by people who are not
registered voters within the particular district, is a violation
of the First amendment to the United States Constitution.
The case stems
from the ballot challenges made to signatures on Clint Krislov's
and Joan Sullivan's petitions from the 1996 elections in which
Krislov was running for the United States Senate and Ms.
Sullivan was running for the Illinois House of Representatives.
The decision essentially levels the field for ballot access for
all candidates, whether they have organizational backing or not.
Krislov was quoted: "This goes a long way towards
eliminating Illinois' artificial byzantine barriers to the
ballot, ensuring that the choice of our elected officials will
be made by the voters on their ballots, rather than by a set of
rules created to force the contenders off the ballot." Read
the judge's decision.
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Chicago, IL - June 9, 1999,
Krislov & Associates, Ltd. files shareholder class action against McKESSON
HBOC, INC. Notice is hereby given that a class action complaint (the
"Complaint"), captioned Ingall v. McKesson HBOC, Inc., et al., Case No.
C-99-2724WHO, was filed yesterday in the United States District Court for the Northern
District of California on behalf of all persons and entities who have suffered loss as a
result of having been issued shares of McKesson HBOC, Inc. ("McKesson") (NYSE:
MCK) common stock during the period October 19, 1998 through April 27, 1999, including
those whose shares of HBO & Company ("HBOC") (formerly NASDAQ: HBOC) were
converted into McKesson HBOC shares following McKesson's January 12, 1999 merger with HBOC
(the "Merger").
The action also alleges claims on behalf of
persons and entities who purchased McKesson common stock during the period October 19,
1998 through April 27, 1999. The plaintiff was issued shares of McKesson common stock in
exchange for HBOC common stock in connection with the Merger and was damaged thereby.
The Complaint is brought against McKesson and certain of its current
and former officers and directors and certain former officers and directors of HBOC. The
Complaint alleges violations of under Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and Rule 10b-5 promulgated thereunder. Specifically, the Complaint alleges
that the defendants issued false and misleading financial statements that artificially
inflated the McKessons income and earnings per share.
The plaintiff seeks to recover damages on behalf of class members and
is represented by the law firm of Krislov & Associates, Ltd., a firm with significant
experience and expertise prosecuting class actions on behalf of investors and shareholders
If you purchased McKesson common stock during the period October 19,
1998 through April 27, 1999, or if you were issued McKesson common stock in exchange for
HBOC common stock, you may, no later than 60 days after April 28, 1999, move the Court to
serve as lead plaintiff, if you so choose. To serve as lead plaintiff, however, you must
meet certain legal requirements.
If you wish to discuss this action or have any questions concerning
this notice or your rights or interests with respect to these matters, please contact
Clinton A. Krislov or William M. Sweetnam, Krislov & Associates, Ltd., 222 N. LaSalle
St., Suite 2120, Chicago, Illinois 60601, by telephone at 312-606-0500 by facsimile at
312-606-0207 or by e-mail at clint@krislovlaw.com.
CONTACT:
Krislov & Associates, Ltd.
Clinton A. Krislov or William M. Sweetnam
222 N. LaSalle St., Suite 2120
Chicago, IL 60601
Tel.: 312-606-0500
Fax: 312-606-0207
E-mail: clint@krislovlaw.com
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ERISA- $6.9 million cash
plus 20% ownership doubles employees' retirement funds!
Krislov recovers $6.9 million cash plus 20% stock ownership of employer that shortchanged
its employee stock ownership plan (ESOP). In 1992, Aetna Plywood, Inc. bought itself
back from its 95% owner ESOP in 1992 for $85.75 per share, far less than fair market
value. At the request of one of the employee plan participants, KrislovLaw analyzed
the transaction identified the undervaluation, and filed a case in federal
court in Chicago, seeking a value of $185 per share. The company took a hardball
approach throughout the litigation. Carrying the case all the way through a
three-week trial in February 1998, we obtained a nearly total victory from the judge's
finding a value of $155 per share--$72 more per share--producing an average of
approximately $60,000 more for each of the 100+ employees--nearly doubling the money in
their retirement funds. Following this through post-trial wrangling to avoid the
judgment, the company finally settled, producing total benefits of $6.9 million cash PLUS
20% ownership of the company PLUS 25% of certain proceeds in the event the company is
sold.
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After 9 years of litigation,
KrislovLaw produces $950,000 settlement from Hoyne Savings Bank for misamortizing home
mortgage loans by charging interest in advance.
In 1990, KrislovLaw sued Hoyne Savings Bank, asserting
that it had overcharged its home mortgage borrowers
by charging them interest in advance, on FNMA/FHLMC
form notes on which interest should have been charged
only in arrears. The practice added about one payment
to each loan. Although the bank was able to drag
the dispute out over nine years, over the complex
notion of advance versus arrears interest, we recently
obtained a $950,000 settlement, subject to class notice
and court approval that will substantially compensate
borrowers for their overcharges. Read
the settlement online. IF YOU ARE A MEMBER OF THE
CLASS, PLEASE EMAIL
US WITH YOUR CURRENT ADDRESS, SO YOU DON'T MISS YOUR
PAYMENT!
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News- April 23, 1999--
Appellate Court reinstates KrislovLaw Civil RICO count against Allied Waste Services, Inc.
KrislovLaw brought a consumer fraud, breach of contract and
civil RICO action against Allied Waste Industries, Inc. and its Chicago-area subsidiary
National Waste Services, Inc. for deceptively overcharging garbage collection customers by
a bogus 3% charge labeled "Federal Clean Air Fuel Tax Surcharge" which was
neither a tax nor a pass through of a charge imposed by the federal government, just a
unilateral increase. We have also challenged the companies' unilateral increases
during contract term as violating the contract provisions, which only permit certain
proportionate increases. The trial court upheld the contract and consumer fraud
counts of the complaint, but struck the Civil RICO charge on technical grounds. On
April 23, 1999, the Illinois Appellate Court reversed and reinstated the Civil RICO count
against both companies. View the entire decision. If
you are a garbage collection customer of either Allied or National or their affiliates,
email us.
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