Recent News2011


12/15/2011 – McCallum, Methvin & Terrell is currently investigating claims involving fuel surcharges, administrative fees, and environmental fees which may not be allowed by contract or are deceptive and unfair trade practices.

9/1/2011 – McCallum, Methvin & Terrell is currently investigating the charging of excessive prices and low-usage and non-usage fees by propane gas companies, including Ferrellgas, Amerigas, Heritage Propane, Inergy LP, and Suburban Propane. Please feel free to contact us if you believe you may have been subject to these practices.

3/1/2011 – Phillip McCallum selected as Alabama State Bar President-Elect-Designate. read more

2/15/2011 – McCallum, Methvin and Terrell is investigating certain drug and medical device cases including DePuy replacement hip cases, cases involving Paxil, Chantix, and Fosamax related health issues. Please see our spring newsletter for more information.

2010

10/20/2010 – McCallum, Methvin & Terrell files a class action complaint against Safety-Kleen Systems, Inc. alleging that Safety-Kleen charged its customers certain fees which are fraudulent and not allowed by contract.

10/15/2010 – Nick Armstrong speaks on recent class action litigation in Alabama and the Eleventh Circuit at the New Developments and Practical Strategies in Class Action Litigation Seminar, held at Cumberland School of Law.

09/10/2010 – Bob Methvin to speak at and moderate class action seminar to be held at Cumberland School of law.

09/05/2010 – Nick Armstrong has been accepted as a member of the California State Bar.

08/23/2010 – Bob Methvin appointed as Chair of the Birmingham Bar Association Pro Bono Week (to be held October 25-31, 2010)

06/24/2010 – Phillip McCallum to receive presidential award at the annual Alabama State Bar Meeting on July 15, 2010..

05/11/2010 – Three McCallum, Methvin & Terrell attorneys listed in the 2010 edition of Alabama Super Lawyers®.

05/03/2010 - Nick Armstrong speaks on expert depositions in insurance cases at seminar.

03/26/2010 – McCallum, Methvin & Terrell wins remand in the Middle District of Georgia.  In a class action involving fuel surcharges, the District Court agreed with MMT that the defendant had not shown that jurisdiction was proper in federal court under the Class Action Fairness Act.

03/12/2010 – McCallum, Methvin & Terrell initiates class action lawsuit against Blue Cross and Blue Shield of Alabama on behalf of Alabama skilled nursing facilities alleging that Blue Cross has engaged in a widespread practice of refusing to provide healthcare coverage for Medicare-covered services, thereby harming skilled nursing facilities and their patients.

02/04/2010 – McCallum, Methvin & Terrell wins remand in the Northern District of Alabama in a malicious prosecution case against a debt collection company.

2009

11/23/2009 – McCallum, Methvin & Terrell successfully settles latest nationwide class action against a large pharmacy benefit management company for claims related to reimbursement for prescription drug sales.  To date, McCallum, Methvin & Terrell has recovered over $100 million in monetary relief and other benefits for pharmacies across the country against similar large corporations for under reimbursement claims.

11/06/2009 – Bob Methvin moderated and spoke at a class action seminar at Cumberland School of Law and speaks on recent developments in class action law in Alabama and the Eleventh Circuit. 

09/23/2009 – McCallum, Methvin & Terrell successfully settles litigation for over $3.5 million on behalf of over 330 people in southern Alabama with claims against a large health care company.  In this litigation it was alleged that the corporation sold Medicare advantage plans to people who did need them or know what they were purchasing, often leading to a loss of insurance coverage.

09/15/2009 – McCallum, Methvin & Terrell announces malicious prosecution litigation against debt collection companies. Debt collection companies buy personal debts for pennies on the dollar and often use unscrupulous and illegal methods to attempt to collect.  Often these companies file debt collection lawsuits against individuals who may not owe the debt, and may not even be the correct person, with the intent to intimidate the individuals into agreeing to pay money they do not owe.  The complaints McCallum, Methvin & Terrell has filed against a number of such companies allege that the companies maliciously prosecute the alleged debts without doing anything first to ensure that such debts are valid under the law. Read article in The New York Times

07/01/2009 - Phillip McCallum elected vice-president of Alabama State Bar.

03/20/2009 – McCallum, Methvin & Terrell announce that Nicholas W. Armstrong has joined the firm as an associate.
 
02/09/2009 – McCallum, Methvin & Terrell successfully settles a class action lawsuit brought involving ancillary products fraudulently added to auto insurance premiums resulting in over $5 million for its clients.
 
02/03/2009 – McCallum, Methvin & Terrell announces fuel surcharge lawsuits against commercial waste disposal companies.  These large corporations are alleged to be charging their clients millions of dollars in misrepresented and unlawful fuel surcharges.  When gas prices rose in past years, these companies placed fuel surcharge fees and other fraudulent fees on their customers invoices.  When gas prices lowered, the fees remained.  The class action lawsuits filed by McCallum, Methvin & Terrell on behalf of its clients allege that these fees are excessive and not allowed under the service agreements and that the companies have engaged in a coordinated fraudulent scheme to cover up the true nature of the fees.

2008

09/18/2008 – McCallum, Methvin & Terrell and co-counsel successfully negotiate multi-million dollar settlement with large insurance company, resolving claims of over 300 clients throughout the country who were sold equity-indexed annuities.

07/15/2008 - Jimbo Terrell elected president of the Alabama State Bar Young Lawyers Section

06/25/2008 - Class Action Certification Order
The United States District Court for the Middle District of Alabama certifies a class action brought by McCallum, Methvin & Terrell on behalf of thousands of pharmacies across the nation who were under-reimbursed for prescription drugs.

06/09/2008 - Bridge v. Phoenix Bond & Indemnity Co.
The Supreme Court in Bridge v. Phoenix Bond & Indemnity Co. further strengthens civil RICO claims as a means to address widespread fraudulent schemes by holding that a “plaintiff asserting a RICO claim predicated on mail fraud need not show ... that it relied on the defendant’s alleged misrepresentations.

04/10/2008 – McCallum, Methvin & Terrell announces property inspection and “pyramid” late fee litigation against two large mortgage servicing companies.  These corporations are alleged to have charged home owners a number of unlawful fees, including most notably property inspection fees where no inspection was necessary and late fees for payments which were not late.  Similar conduct by a different corporation was recently challenged by the United States Attorney General’s Office.  That case was settled in 2003, and the settlement modified in 2007. Read more Mortgage servicing companies make profit mainly through fees they charge to mortgagees.  Because mortgagees do not get to choose their servicer, there is no incentive for these companies to provide adequate customer service or limit their fees.  McCallum, Methvin & Terrell has filed class action lawsuits against these mortgage service companies challenging the alleged wrongful conduct.

2007

06/03/2007 – After five day trial by McCallum, Methvin & Terrell attorneys, jury awards all compensatory damages requested and punitive damages in an amount over six times the compensatory damages.

04/11/2007 - Lowery v. Alabama Power Company
The Eleventh Circuit Court of Appeals in Lowery v. Alabama Power Company , severely limits what documents defendants may use when attempting to remove cases under the Class Action Fairness Act and confirming that class actions belong in state court unless it is clear from the complaint that more than $5,000,000 is at stake.

2005

06/05/2005 – McCallum, Methvin & Terrell appointed as lead counsel and successfully settles a class action against a postage metering company for over $31 million in relief for the class.  In this litigation, it was alleged that the defendant had force-placed unnecessary and misrepresented insurance fees on its customers’ accounts, garnering itself millions of dollars in unearned profit.  After three years of litigation in multiple states, McCallum, Methvin & Terrell successfully settled the case on a nationwide basis.

2004

09/01/2004 - Klay v. Humana
Eleventh Circuit Court of Appeals in Klay v. Humana reverses denial of class certification of a RICO claim, finding that evidence of reliance could be established through common evidence and inferences.