Phillips, Erlewine & Given is pleased to announce that partners Nick
Carlin and David
Given have been selected as finalists for Consumer Attorneys of
California's (CAOC) "Consumer Attorney of the Year" award. Mr. Carlin
and Mr. Given were recognized for their work on In Re: Checking
Account Overdraft Litigation, 1:09-MD-02046-JLK, in which they, in
conjunction with other law firms, successfully obtained a $410 million
settlement from Bank of America on behalf of customers who were
overcharged for overdraft fees. The amount mark one of the largest ever
settlements in a consumer class action.
"The Bank of America case is a perfect example of a large corporation
systematically taking advantage of individual consumers," Mr. Carlin
said. "We're proud to have helped put an end to this shocking practice
and honored to be nominated for this award."
Bank of America and other banks had for years manipulated the order of
debit card transactions to maximize overdraft fees. More than 13 million
Bank of America customers were affected by these deceptive practices,
which resulted in billions of dollars in overdraft charges.
Mr. Carlin and Mr. Given originated the case in California, which later
merged with other lawsuits against the nations' leading banks in
multi-district litigation. James Lawrence King, the federal judge who
approved the settlement wrote: "This is a marvelous result for the
members of the class . . . but for the high level of dedication, ability
and massive and incredible hard work by [their] attorneys . . . I do not
believe the Class would have ever seen a penny."
The Consumer Attorney of the Year Award is presented by CAOC in
recognition of outstanding performance in the face of challenging
circumstances. The winner will be announced at CAOC's Annual
Installation and Awards Dinner on November 10th, 2012.
About Phillips, Erlewine & Given LLP
Erlewine & Given LLP represents individuals and businesses in a
wide variety of matters including intellectual property, entertainment,
technology, employment, commercial, insurance, personal injury, and
class actions. The firm has offices in San Francisco and Los Angeles.
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