06/19/2015 - FUEL SURCHARGE CLASS ACTION LITIGATION. The Attorneys at McCallum, Methvin & Terrell are currently investigating claims against Heritage-Crystal Clean, Inc., and its operating subsidiary Heritage-Crystal Clean, LLC, on behalf of customers who were improperly charged “fuel surcharge” fees. The Firm has filed class actions against Heritage-Crystal Clean in both Oklahoma and West Virginia.
Heritage-Crystal Clean provides parts cleaning services, used oil collection, and containerized waste management to customers throughout the Eastern United States. Heritage-Crystal Clean is the second largest provider of parts cleaning and hazardous and non-hazardous waste services to small and mid-sized customers in both the manufacturing and vehicle maintenance sectors in North America. It is the second largest used oil re-refiner by capacity in North America.
04/27/2015 - McCallum, Methvin & Terrell recently obtained an Order granting Class Certification against Advanced Disposal Services South, Inc. (formerly known as Advanced Disposal Services, Inc.) and Advanced Disposal Services Jacksonville, LLC ("Advanced Disposal") based upon Advanced Disposal’s practice of charging its Florida waste disposal customers’ a fuel surcharge and environmental fee. In the lawsuit, plaintiffs alleged that Advanced Disposal’s practices violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). The Duval County Circuit Court certified this claim.
04/17/2014 - McCallum, Methvin & Terrell Founding Shareholder Bob Methvin, Jr. Appointed To Plaintiff’s’ Steering Committee In Community Health Systems Data Breach Litigation. Robert G. (“Bob”) Methvin, Jr. of McCallum, Methvin & Terrell, P.C. has been appointed to serve on the Plaintiffs’ Steering Committee (PSC) in the multidistrict litigation (MDL) surrounding a data breach affecting patients at affiliates of Community Health Systems, Inc. The litigation is consolidated under Judge Karon Bowdre in the U.S. District Court, Northern District of Alabama. The case is MDL#2595.
3/24/2015 - McCallum, Methvin & Terrell Founding Shareholder Bob Methvin, Jr. Appointed To Leadership Role In Xarelto Blood Thinner Multidistrict Litigation (MDL). (“Bob”) Methvin, Jr. of McCallum, Methvin & Terrell, P.C. has been named Co-Chair of the Third-Party Payor/Government Actions Committee in the Xarelto blood thinner medication MDL. The committee will oversee, among other cases, actions filed by state Attorney Generals. Bob was appointed by the Plaintiffs Steering Committee, which was selected by U.S. District Judge Eldon E. Fallon. Judge Fallon is overseeing the MDL in the United States District Court, Eastern District of Louisiana. Dozens of lawsuits have been filed against Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Corp. The lawsuits were recently consolidated in Louisiana federal court in December 2014. The case is In Re: Xarelto (Rivaroxaban) Products Liability Litigation, Case 2:14-md-02592-EEF-MBN.
(01/01/15) - Rodney Miller has been named to Super Lawyers annual list of “Rising Stars,” marking the fourth consecutive year he has received this prestigious distinction.
11/20/13 - McCallum, Methvin & Terrell is currently investigating claims involving fuel surcharges, administrative fees, and environmental fees which are wrongfully charged to businesses all over the country. Such charges may constitute unfair or deceptive trade practices or violations of existing contracts.
9/25/2013 - McCallum, Methvin Terrell filed an antitrust class action on behalf of purchasers of aluminum against Goldman Sachs, Metro International Trade Services, JP Morgan Chase & Company, the London Metal Exchange, and others for allegedly inflating aluminum prices.
9/11/2013 - Bob Methvin and Rodney Miller of McCallum, Methvin & Terrell successfully tried a securities case before a Montgomery County jury. After a week and a half of trial, the jury returned a verdict in favor of the plaintiff. In addition to the verdict, the court awarded the plaintiff and MM&T attorney fees and costs for a total award of over $850,000.
2/8/2013 - Jimbo Terrell makes the Birmingham Business Journal's "Top 40 Under 40" list.
12/31/2012 - McCallum, Methvin & Terrell filed a Missouri class action against Safety-Kleen challenging fuel surcharges.
7/27/2012 - Bob Methvin, Michael Yancey and Rodney Miller of McCallum, Methvin & Terrell successfully arbitrated a securities matter before a three-person FINRA arbitration panel. The panel awarded Plaintiff $585,000 in compensatory damages, plus $250,000 in punitive damages against multiple defendants.
6/25/2012 - McCallum, Methvin & Terrell filed a California class action against Safety-Kleen challenging fuel surcharges and late fees.
10/26/2012 - McCallum, Methvin & Terrell, P.C. received the Birmingham Bar Association award from the Birmingham Volunteer Lawyers Program for 2012 Volunteer Firm of the Year
10/22/2012 - Phillip McCallum video for “Just Story” is used during Pro Bono Week for the Alabama State Bar.
10/22/2012 - Jimbo Terrell video for “Just Story” is used during Pro Bono Week for the Alabama State Bar.
7/21/2012 - Phillip McCallum installed as President of the Alabama State Bar. Download the press release.
7/21/2012 - Bob Methvin is elected as Alabama State Bar, Board of Bar Commissioners for the 10th Judicial Circuit, Place 4.
7/2012 - Bob Methvin is selected as one of the Top 50 Lawyers in Alabama by Super Lawyers®
7/15/2011 - Phillip McCallum installed as President-Elect of the Alabama State Bar
7/14/2011 - McCallum, Methvin & Terrell, P.C. received the Alabama State Bar Pro Bono Award in appreciation of their leadership and contributions to equal justice in Alabama.
3/1/2011 – Phillip McCallum selected as Alabama State Bar President-Elect-Designate. read more
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.
09/10/2010 – Bob Methvin to speak at and moderate class action seminar to be held at Cumberland School of law.
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®.
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.
01/28/2010 - Rodney Miller files a wrongful death lawsuit against Days Inn and other defendants involving a hotel fire.
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.
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.
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.
11/21/2007 – Rodney Miller files a wrongful death lawsuit against a mine operator alleging that it negligently and/or wantonly breached its duty to provide a safe workplace.
06/03/2007 – After a weeklong trial by Rodney Miller and Matt Stephens, the jury awarded all compensatory damages requested and punitive damages in an amount over six times the compensatory damages award.
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.
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.
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.