Cases

The attorneys at Hulett Harper Stewart LLP have considerable experience acting as lead trial and principal counsel in numerous antitrust, securities, business tort and consumer class and individual actions. Hulett Harper Stewart has obtained a number of multi-million dollar verdicts and settlements for its individual and class clients.

Results we have achieved and significant cases in which we are currently involved:

Currency Conversion Cases
In Schwartz v. Visa, Dennis Stewart was principal trial counsel in a California consumer action seeking to recover inadequately disclosed currency conversion fees charged by Visa and MasterCard. After a six-month trial, judgments worth hundreds of millions of dollars were entered. Hulett Harper Stewart was also one of the principal counsel for certified classes prosecuting a separate federal court case in New York. A $336 million dollar settlement was reached. A similar nationwide consumer class action against American Express also litigated by Hulett Harper Stewart was successfully resolved, resulting in a settlement of $75 million.
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
Hulett Harper Stewart worked as part of small group of firms spearheading the litigation and settlement of interchange fee litigation on behalf of U.S. merchants.  The proposed class action settlement, which must be approved by the Court, will create a fund of up to $7.25 billion available to approximately seven million merchants to settle claims that Visa, MasterCard and more than a dozen of the nation’s largest banks conspired to restrain competition. This groundbreaking proposed settlement also requires Visa and MasterCard to modify existing restrictions in their merchant rules enhancing competition and freeing retailers to encourage consumers to use cheaper and more efficient forms of payments. If approved, this settlement will represent the largest ever recovery in an antitrust case and will be the second largest class action settlement ever.
Shames v. Hertz Corp., et al.
Hulett Harper Stewart is one of the lead counsel in a recently settled antitrust class action involving car rental fees imposed at certain California Airports between January 1 and November 14, 2007.  The lawsuit claims that the Defendants violated antitrust and other laws by raising rental car prices at California airports by agreeing with each other to pass on the Airport Concession Fee (ACF) and Tourism Commission Assessment (TCA) to customers for rentals at certain California airport locations.  Under the proposed settlement, which is subject to Court approval, class members, may claim either cash or certificates for free day, time and mileage, rentals depending on their number of qualifying rental days.  Class members are eligible to receive from each of the Defendant car rental companies with whom they rented during the class period either: a) $2.00 per day for each qualifying rental day with a $5.00 minimum payment; or b) a certificate good for 1 free time and mileage day for qualified rentals of less than 8 days and 2 free time and mileage days for qualified rentals of 8 days or more. Class members may obtain the Court-Approved Notice which contains further important information about the proposed settlement, their rights and the approval process and make their election of benefits between cash or free time and mileage day certificate(s) at www.ACFTCASettlement.com.  The deadline for claiming benefits is postmarked by January 25, 2013.
Enriquez v. Edward D. Jones & Co.
Hulett Harper Stewart was co-lead class counsel against Edward Jones & Co., one of the largest brokerage firms in the United States in a case which sought the recovery of funds Edward Jones received from mutual funds in exchange for Edward Jones agreeing to recommend those funds as its “preferred funds.” A settlement of $127 million was achieved.
In re Broadcom Corp. Securities Litigation
Hulett Harper Stewart played a significant role in the prosecution of this large federal securities class action, which settled within weeks of trial for $150 million.
Bachman v. A.G. Edwards, Inc.
Hulett Harper Stewart was co-lead counsel on behalf of a class of persons who maintained brokerage accounts at A.G. Edwards in a case which claimed that the Defendant breached their fiduciary duties by receiving payments from mutual fund companies whose fund shares were held by the Class. A $60 million settlement was approved by the court.
In re Conseco Life Insurance Company Cost of Insurance Litigation
Hulett Harper Stewart represented lead-plaintiff and former U.S. Senator Jake Garn and other life insurance policy holders and was on the executive committee prosecuting this nationwide consumer class action. A settlement valued at more than $300 million was obtained.
Stenovich v. Eccles
The firm represented a class of shareholders in asserting breach of fiduciary duty claims in connection with a proposed merger, which were settled within days of trial for nearly $30 million.
Guy F. Atkinson, Inc. v. PricewaterhouseCoopers LLP
The firm was co-lead trial counsel on behalf of one of the then largest construction companies in America. The case was successfully settled for $11 million after trial commenced.
Abbott, et al. v. John D. (“Jack”) Phillips, et al.
The firm represented several individuals in a securities fraud action against World Access and Worldcom. A settlement of $22.5 million was achieved.
Middlesex Retirement System v. Quest Software, Inc.
Hulett Harper Stewart was liaison counsel in this securities class action alleging improper backdating of stock option grants. The case was settled for $29.4 million.
In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation
Hulett Harper Stewart is interim lead counsel in this multi-district consumer protection litigation alleging violation of various state consumer protection laws.
Concepcion v. AT&T, Inc
Hulett Harper Stewart is one of two principal counsel in this consumer class action concerning the charging of sales tax on free cell phones.