The Business Department of Payne & Fears handles litigation and transactions for a broad spectrum of clients, including large and small corporations, large and small companies and partnerships, directors and officers of corporations and companies, and individuals. Our clients come from many different industries and by understanding the nuances of an industry, we can provide knowledgeable counsel and the best possible service to our clients in both trial and appellate proceedings in state and federal courts, in arbitration, and before administrative agencies. Our major areas of expertise include:

Successes

Jun 09

$3 Million "Fax Blast" Settlement Reached for Client Craftwood Lumber Co.

Payne & Fears client Craftwood Lumber Co. struck a $3 million settlement with Senco Brands Inc. over alleged violations of the Telephone Consumer Protection Act and the Junk Fax Protection Act.

In 2014, Craftwood, a regional hardware and lumber chain, sued power tool manufacturer, Senco, in the Northern District of Illinois claiming that between 2010 and 2014 it had been targeted in a “fax blasting” campaign advertising Senco’s air compressors, nail guns and other tools. The cover page of the fax contained the message “Attention Senco Dealers!! NEW!!!!!!!! AIR COMPRESSOR AND 3 TOOL COMBO KIT!!! … Please see attached flyer!!” followed by an advertising leaflet.

After contentious argument over discovery, two motions to stay, a motion to dismiss and a motion for summary judgment, the parties settled avoiding years of litigation if the case were to continue.

On June 9, 2017, Payne & Fears obtained final approval for the $3 million settlement and the court certified a settlement class. Under the settlement terms, each class member is anticipated to receive about $800 to be paid automatically without the need to opt-in to the class.

In 2014, the same year Craftwood filed the current suit, our firm helped Craftwood reach a $40 million settlement with Interline Brands Inc., to put to rest a similar class action over junk faxes.

Practice areas: Business Litigation

Attorneys: C. Darryl Cordero, Leilani L. Jones, Philip K. Lem, Scott O. Luskin

Mar 10

Payne & Fears Secures Win in New Jersey Appellate Court

Payne & Fears obtained a major victory in the Travelers insurance collection litigation in a decision released by the New Jersey Appellate Division on March 10, 2017. The appellate court completely reversed a 2015 trial court dismissal of claims by former shareholders of Clarendon Insurance Group in their attempt to collect a $92 million Bermuda judgment. The court rejected the insurers' arguments that the shareholders were bound by a default rescission judgment Travelers had obtained in Bermuda in an attempt to avoid paying the shareholders' own Bermuda judgment. The court then rejected the insurers' arguments that the case should be dismissed on forum non conveniens grounds, in deference to Bermuda. The decision carves a clear path for the firm's clients to collect under the judgment debtor's liability insurance program.

Read the full story on Law360 >>

Practice areas: Insurance Coverage, Appellate Law (Business)

Attorneys: C. Darryl Cordero, Jared De Jong, Scott O. Luskin