In an effort to to avoid facing a class action lawsuit, Allstate attempted to offer a settlement to the named plaintiffs of the case Chen, et al., v. Allstate Ins. Co. To do this they set aside $20,000 dollars in an escrow account and offered a judgment on their part to Richard Chen and Florencio Pacleb, the two who are named for in lawsuit which alleges that Allstate violated consumer rights by sending texts and calls that were unsolicited. The two are seeking $500 in damages for each violation of the Telephone Consumer Protection Act that Allstate committed to go to all those affected by Allstate’s practices.
Allstate’s move is an answer to a Supreme Court case known as Campbell-Ewald v. Gomez, where it was decided that a defendant cannot simply pay off named plaintiffs to avoid a class action lawsuit. There was however a gray area open where it was possible for a defendant to place the monetary settlement in an escrow fund for the named plaintiffs and then enter their own judgment so as to try and avoid the class action portion, and this is what Allstate was attempting to use.
However, the Ninth Circuit Court that presided over this action that Allstate took has decided that the case still remains a class action lawsuit and that the plaintiffs, for the time being at least, can still move ahead with their case. The decision was rendered on April 16th 2016.
Allstate will most likely appeal the judgment all the way to the Supreme Court if they have to, according to the attorneys representing the plaintiffs in the case.
Whereas there had been question before about the hypothetical effect that Campbell-Ewald v. Gomez would have on cases like this, it seems there is a real world example that tests just what the decision means for large entities and those who would bring class action lawsuits against them. Going forward Chen, et al. v. Allstate Ins. Co., looks to define the legacy of the earlier Supreme Court ruling.
“They were like we don’t know what you’re talking about, we didn’t find any bed bugs, everything is fine,” said McFarland. She claims that the mental and physical trauma, including an allergic reaction to the bites, convinced her to file suit. The alleged callous attitude of the hotel management was another factor. “Other people have probably complained and they didn’t do anything about it,” she said.
In the lawsuit filed in federal court, Linda Anne Bond claims both parties sued are guilty of “deliberately indifferent treatment of a prisoner” and negligence. According to Betty Bernt, a representative of the Oregon Department of Corrections, the department is unable to make any comments on the pending litigation.
Haynes-Bordas did keep in contact with her employers throughout her recovery, and tried to make arrangements for how she would manage to return to work. She had asked for a modified bathroom to make it easier for her to maneuver with her wheelchair, and states she was told by the building manager that it would be an easy fix. She believes this request may have caused her termination. Haynes had been teaching low-income families in the area how best to handle their money, and had been on an award-winning team recognized for their effectiveness in helping develop community skills.
The suit, which names ABC, New York-Presbyterian Hospital, and doctor Sebastian Schubl, alleged intentional infliction of emotional distress and invasion of privacy for the 2011 recording and 2012 airing of Mark Chanko’s death for the ABC television show “NY Med.” Although Chanko’s face was blurred out and his name never mentioned, his widow alleged intense emotional pain as a result of accidentally seeing the broadcast. Moreover, neither ABC nor the hospital ever received permission from the dying man to record or broadcast his death.
Walk Apartments in New Castle. Company spokespersons were unavailable for comment.
Ironically, the agency is credited with having hired the first female copywriter in the industry, Helen Lansdowne Resor, who later went on to become a creative director. Johnson began working for the company in 2005, and said that after Martinez took over in 2015, she found it “virtually impossible” to present the agency in a positive light due to his behavior. Other 
