James, Hoyer, Newcomer & Smiljanich, P.A.: Difference between revisions
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'''James, Hoyer, Newcomer, Smiljanich & Yanchunis, P.A.''' (James Hoyer) is a [[Tampa]], Florida-based [[law firm]] that prosecutes consumer [[class action]] [[lawsuit]]s and [[whistleblower]] ([[qui tam]]) cases.<ref name="James Hoyer">[http://www.jameshoyer.com/ James Hoyer homepage]</ref> The firm was founded in 1992 by former federal prosecutors and retired FBI agents.<ref name="Firm Bio">[http://www.jameshoyer.com/firmbio.html Firm Biography from James Hoyer homepage]</ref> Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud.<ref name="Practice Area">[http://www.jameshoyer.com/practice.html Practice Areas from James Hoyer homepage]</ref> An October 2000 story in the St. Petersburg Times called James Hoyer one of Tampa’s most successful law firms.<ref name="Most Successful">[http://pqasb.pqarchiver.com/sptimes/access/62878694.html?dids=62878694:62878694&FMT=FT&FMTS=ABS:FT&type=current&date=Oct+23%2C+2000&author=KYLE+PARKS&pub=St.+Petersburg+Times&edition=&startpage=8.E&desc=Issues+taking+back+seat+to+personality+in+election+Series%3A+ELECTION+2000%3B+COVER+STORY Kyle Parks, "Issues taking back seat to personality in election" St. Petersburg Times (October 23, 2000)]</ref>. Hoyer’s aggressive and unique use of online social media has led to increased questions on the appropriate use of social media by plaintiff’s firms as reported by Wall Street Journal in June 2010. <ref name="Using Social Networks as Legal Tool">{{cite web|title=Using Social |
'''James, Hoyer, Newcomer, Smiljanich & Yanchunis, P.A.''' (James Hoyer) is a [[Tampa]], Florida-based [[law firm]] that prosecutes consumer [[class action]] [[lawsuit]]s and [[whistleblower]] ([[qui tam]]) cases.<ref name="James Hoyer">[http://www.jameshoyer.com/ James Hoyer homepage]</ref> The firm was founded in 1992 by former federal prosecutors and retired FBI agents.<ref name="Firm Bio">[http://www.jameshoyer.com/firmbio.html Firm Biography from James Hoyer homepage]</ref> Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud.<ref name="Practice Area">[http://www.jameshoyer.com/practice.html Practice Areas from James Hoyer homepage]</ref> An October 2000 story in the St. Petersburg Times called James Hoyer one of Tampa’s most successful law firms.<ref name="Most Successful">[http://pqasb.pqarchiver.com/sptimes/access/62878694.html?dids=62878694:62878694&FMT=FT&FMTS=ABS:FT&type=current&date=Oct+23%2C+2000&author=KYLE+PARKS&pub=St.+Petersburg+Times&edition=&startpage=8.E&desc=Issues+taking+back+seat+to+personality+in+election+Series%3A+ELECTION+2000%3B+COVER+STORY Kyle Parks, "Issues taking back seat to personality in election" St. Petersburg Times (October 23, 2000)]</ref>. Hoyer’s aggressive and unique use of online social media has led to increased questions on the appropriate use of social media by plaintiff’s firms as reported by Wall Street Journal in June 2010. <ref name="Using Social Networks as Legal Tool">{{cite web|title=Using Social Networking as Legal Tool| date=2010|publisher=Wall Street Journal| accessdate=2010-06-16|url=http://online.wsj.com/article/SB10001424052748704324304575306581598351428.html}}</ref> |
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Members of the James Hoyer firm operate the [http://www.consumerwarningnetwork.com/ Consumer Warning Network].<ref name="Consumer Warning Network Whois.net domain registration">{{cite web|title=Consumer Warning Network Whois.net domain registration| date=2009|url=http://www.whois.net/whois/consumerwarningnetwork.com}}</ref> |
Members of the James Hoyer firm operate the [http://www.consumerwarningnetwork.com/ Consumer Warning Network].<ref name="Consumer Warning Network Whois.net domain registration">{{cite web|title=Consumer Warning Network Whois.net domain registration| date=2009|url=http://www.whois.net/whois/consumerwarningnetwork.com}}</ref> |
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Revision as of 18:14, 21 June 2010
James, Hoyer, Newcomer, Smiljanich & Yanchunis, P.A. (James Hoyer) is a Tampa, Florida-based law firm that prosecutes consumer class action lawsuits and whistleblower (qui tam) cases.[1] The firm was founded in 1992 by former federal prosecutors and retired FBI agents.[2] Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud.[3] An October 2000 story in the St. Petersburg Times called James Hoyer one of Tampa’s most successful law firms.[4]. Hoyer’s aggressive and unique use of online social media has led to increased questions on the appropriate use of social media by plaintiff’s firms as reported by Wall Street Journal in June 2010. [5]
Members of the James Hoyer firm operate the Consumer Warning Network.[6]
Past Cases
In 1994, MetLife agreed to pay $42.75 million in refunds to 18,000 customers after James Hoyer, along with co-counsel, brought suit against the company for using misleading tactics to sell life insurance as a retirement or savings plan.[7] MetLife also agreed to pay a $20-million fine to insurance regulators across the country in relation to the lawsuit.[7] The 18,000 MetLife customers received an average of about $2,200 in refunds and interest, for a total payout by Met Life of $39,600,000. The attorney's fees paid by Met Life for the multi-year litigation, approved by the Court, was $2.75 million, according to the New York Times article.[7] Met Life also agreed to change the fraudulent practices it had been accused of.
In 2000, James Hoyer helped negotiate a $206 million class action settlement with insurer American General Corp., on behalf of thousands of African-American customers who were systematically overcharged due to their race for small “burial” policies.[8]
In 2005, James Hoyer helped secure $52 million in new funding for Florida's elderly in nursing homes.[9] The firm fully funded all the costs of the litigation and donated all of the legal time.[9] James Hoyer received the Chair's Honor Award from the Elder Law Section of the Florida Bar for the firm's efforts.[9]
In 2006, Allstate Insurance Co. agreed to change the way it uses credit reports in setting auto and homeowners insurance policies as part of a nationwide settlement.[10] James Hoyer and two other firms negotiated the settlement after suing Allstate for discriminating against African-Americans and Hispanics by charging higher premiums based on the minorities' credit scores.[10] The lawyers for James Hoyer took home $11.7 million for fees and expenses, approved by the Court for the several years of work performed by several law firms. The six named plaintiffs were given $5,000 each, over and above their class benefits, as a result of the work they performed in providing deposition testimony and other services to the class. Several million class members were given rebates of about $50 each, while other class members received more.[11]
In 2008, James Hoyer was recognized by the Florida Bar for securing a $295,000 cy pres award for The Florida Bar Foundation.[12] The Florida Bar Foundation is the only statewide organization in Florida that provides funding for Legal Aid and promotes improvements in addressing the civil legal needs of the poor.[13]
In 2008, a judge in a James Hoyer class action case against Wells Fargo described the case as a "virtually worthless settlement of a meritless case." Class members received two trimerge credit reports and FICO scores, information about privacy violations and the Fair Credit Reporting Act. The James Hoyer attorneys were awarded $326,000 in fees and $33,000 in expenses. Yeagley v. Wells Fargo & Co. The law firm appealed the judge's ruling, and contends that the court deviated from established law and evidenced a disregard for the importance of privacy laws. The appeal is pending.
Current Cases
Rodriguez v. Sallie Mae, Inc., SLM Corp., Civil Action No. 3-07-cv-01866 (D. Conn.), is a pending class action brought against student lending giant Sallie Mae. The lawsuit alleges that Sallie Mae discriminated against minorities in its student lending practice and failed to disclose certain student loan terms. Although Sallie Mae attempted to argue that the law firm violated ethical standards regarding its relationship to the Consumer Warning Network, the Court disagreed and found no such violation of ethics.
References
- ^ James Hoyer homepage
- ^ Firm Biography from James Hoyer homepage
- ^ Practice Areas from James Hoyer homepage
- ^ Kyle Parks, "Issues taking back seat to personality in election" St. Petersburg Times (October 23, 2000)
- ^ "Using Social Networking as Legal Tool". Wall Street Journal. 2010. Retrieved 2010-06-16.
- ^ "Consumer Warning Network Whois.net domain registration". 2009.
- ^ a b c Michael Quint, "Taking on Insurance Giants" NY Times (July 19, 1995)
- ^ Ted Jackovics, "Florida Ratifies Restitution Plan for Burial Insurance Policyholders" Tampa Tribune (July 11, 2000)
- ^ a b c "Tampa lawyers come to aid of Florida's seniors: pro bono efforts secure elders their rights under federal Medicaid law." Florida Bar News (August 1, 2005)
- ^ a b Adolfo Pesquera, "Allstate settles suit on pricing." San Antonio Express-News (June 3, 2006)
- ^ Judge approves settlement in Allstate case
- ^ Nancy Kinnally "Foundation benefits from cy pres award" The Florida Bar News (September 1, 2008)
- ^ "About Us" section from Florida Bar Foundation's homepage