• Edward D. Chapin
    • Kenneth M. Fitzgerald
    • Jill Sullivan
    • Frank A. Bottini Jr.
    • Jennifer Chapman
    • Douglas J. Brown
    • Curtis Carll
    • Albert Y. Chang
    • Pacific Capital
    • HCA Holdings
    • Apollo Group
    • Bridgepoint
    • Corinthian
    • American Home Shield
    • Fidelity National Home Warranty
    • First American Home Buyers Protection
    • Thema Fund Securities Fraud
    • Smith Micro Securities Litigation
    • Costco
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Active Cases

Certain of Chapin Fitzgerald Sullivan & Bottini LLP's cases, particularly those cases involving class allegations, may have a direct impact on more than just the named parties. For more information about these cases, please check this page or contact Chapin Fitzgerald Sullivan & Bottini LLP.

FOR-PROFIT EDUCATION INDUSTRY

Apollo Group Shareholder Derivative Action (Smith v. Sperling, et al.)

Bridgepoint, Ashford, and University of the Rockies Class Action (Guzman, et al. v. Bridgepoint Education, Inc., et al.)

Corinthian, Everest, and Heald College Class Action (Muņiz, et al. v. Corinthian Colleges, Inc., et al.)

CONSUMER PROTECTION

American Home Shield Class Action (Edleson, et al. v. American Home Shield Corporation)

Fidelity National Home Warranty Class Action (Baker, Kaplan, et al. v. Fidelity National Home Warranty Company)

First American Home Buyers Protection Class Action (Nancy Carrera v. First American Home Buyers Protection Corporation)

SECURITIES LITIGATION

In Re: Pacific Capital Bancorp Derivative Litigation (Clem v. Leis, et al., Monty v. Leis, et al.)

HCA Holdings, Inc. Class Action (Schuh v. HCA Holdings, Inc., et al.)

Apollo Group Shareholder Derivative Action (Smith v. Sperling, et al.)

In Re: Herald, Primeo, and Thema Funds Securities Litigation (Davis, et al. v. Benbassat, et al.)

Smith Micro Software Securities Class Action (Gene Morris, et al. v. Smith Micro Software, Inc., et al.)

WAGE AND HOUR

Costco Class Action (Pytelewski, et al. v. Costco d/b/a Costco Whotesale Corporation)


In Re Pacific Capital Bancorp Derivative Litigation

We are pleased to announce that there has been a settlement in a shareholder derivative case involving a lawsuit against Pacific Capital Bancorp, the parent company of Santa Barbara Bank & Trust N.A., f/k/a Pacific Capital Bank, N.A. The final approval hearing is scheduled for January 19, 2012. Click the links below to view documents regarding the settlement that have been submitted to the Court for approval.

HCA Holdings, Inc. Class Action

Click here to view the shareholder derivative complaint against HCA Holdings, Inc.. If you wish to serve as lead plaintiff, you must move the Court no later than December 27, 2011. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff's counsel, Frank Bottini of Chapin Fitzgerald by clicking here.

Apollo Group Shareholder Derivative Action

Since April 12, 2011, we have been prosecuting a shareholder derivative lawsuit in the United States District Court for the District of Arizona against 21 officers and directors of Apollo Group, Inc. Click here to view the shareholder derivative complaint against Apollo Group, Inc..

On January 11, 2012, Judge Teilbord denied Apollo Group's request to stay the derivative action pending resolution of a pending securities fraud class action and pending the appointment of a special committee of the board of directors to investigate the allegations in the complaint. Our action against Apollo Group is thus ongoing, and we intend to vigorously move forward with the litigation. If you purchased shares of Apollo Group, Inc. and would like to learn more about your rights, please click here to contact us.

Bridgepoint, Ashford, and University of the Rockies Class Action

Click here to view the class action complaint against Bridgepoint, Ashford, and The University of the Rockies. Our investigation against these academic institutions is ongoing. If you have information about deceptive and misleading marketing practices at Bridgepoint, Ashford, or The University of the Rockies, please click here to contact us.

Corinthian, Everest, and Heald College Class Action

Click here to view the class action complaint against Corinthian, Everest, and Heald College. Our investigation against these academic institutions is ongoing. If you have information about deceptive and misleading marketing practices at Corinthian, Everest, or Heald College, please click here to contact us.

American Home Shield Class Action

Click here to view the American Home Shield Class Action Complaint. If you have owned an American Home Shield home warranty and would like to submit a complaint against the company, or if you are a contractor who has previously performed home warranty service work for American Home Shield, please click here to contact us.

In addition to this lawsuit in California state court, there is also a class action lawsuit against American Home Shield pending in the United Stated District Court for the Middle District of Alabama. Chapin Fitzgerald Sullivan & Bottini LLP recently learned that American Home Shield has settled that action. If you have owned an American Home Shield home warranty, you may receive notice in the mail describing the terms of that settlement and informing you how to request exclusion from it. Chapin Fitzgerald Sullivan & Bottini LLP does not believe that the Alabama settlement is fair or provides adequate benefits to the class. The judge in the Alabama case has issued an injunction preventing us from continuing to prosecute our case until it rules on the fairness and adequacy of the Alabama settlement, and we have appealed this injunction to the United States Court of Appeal for the Eleventh Circuit.

Fidelity National Home Warranty Class Action

Click here to view the Fidelity Class Action Complaint. On November 1, 2010, the Honorable Ronald S. Prager of the San Diego County Superior Court certified a nationwide class of those who, from July 18, 2002 to the present, made a claim under a fidelity home warranty plan. If you are such an individual and are interested in learning more about the status of the case, please visit the class administration webpage here.

If you are a contractor who has previously performed home warranty service work for Fidelity, please click here to contact us.

First American Home Buyers Protection Class Action

Click here to view the First American Class Action Complaint. If you have owned a First American home warranty and would like to submit a complaint against the company, or if you are a contractor who has previously performed home warranty service work for First American, please click here to contact us.

In Re Herald, Primeo, and Thema Funds Securities Litigation

On November 27, 2011, we reached a revised settlement with HSBC Holdings plc, and several of its related companies, on a partial settlement in this securities fraud class action lawsuit on behalf of all persons who invested in the Thema Fund, a Madoff "feeder fund" controlled by Bank Medici. The case is currently pending in the Southern District of New York. The settlement will be $62.5 million if the net loss of class members requesting to be excluded from the settlement is $150 million or less. If the net losses of class members requesting exclusion exceeds $150 million but is equal to or less than $250 million, the settlement amount will be $55.5 million; and if exclusion requests exceeds $250 million, the settlement amount will be $52.5 million.

We are serving as Lead Counsel for the Thema Fund Class and consider this to be an outstanding partial settlement that will provide a significant recovery to the class from one of the many defendants in this case. The settlement has been submitted the Court for approval, which is required before any settlement proceeds can be distributed.

Individuals who held Thema Fund shares on December 10, 2008 will receive a notice regarding the settlement via either the mail or by publication in a host of newspapers throughout the world. In the near future, the settlement documents will also be accessible from the website of the claims administrator, Gilardi & Co. – www.gilardi.com. Thema Fund investors can also obtain a copy of the Stipulation and Agreement of Partial Settlement and related documents below. For more information, you can contact Plaintiffs' Lead Counsel, Frank A. Bottini, at fbottini@cfsblaw.com.

Smith Micro Software Securities Class Action

Click here to view the Smith Micro Software Class Action Complaint. If you purchased Smith Micro securities between November 3, 2010 and May 4, 2011, please click here to contact us.

Costco Class Action

Click here to view the Costco Class Action Complaint. If you have information about unfair wage and hour practices at Costco, please click here to contact us.