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Overtime Class Action Against Terminix

Daniel J. Gatti, of GATTI, GATTI, MAIER, SAYER, THAYER & ASSOCIATES, and Seattle attorney, Brad Moore, of STRITMATTER, KESSLER, WHELAN, COLUCCIO, have filed a claim in the American Arbitration Association on the behalf of three current and former Terminix technicians. The complaint alleges Terminix routinely failed to pay its mobile service technicians proper overtime compensation in violation of the Fair Labor Standards Act (FLSA). The claimants seek approval for the case to proceed as a national class action arbitration, with the proposed class consisting of all current and former mobile service technicians who were employed by Terminix, covered under FLSA, and were not properly paid overtime within the last 3 years. If you, or someone you know, were employed by Terminix as a pesticide applicator within the last three years, and have information regarding Terminix’s wrongful withholding of overtime pay, please contact us. Your identity and the information you provide will be kept confidential if you so choose.

Gatti Wins Landmark Clergy Abuse Case

Daniel J. Gatti tried and won the first Catholic Clergy-Abuse case in the State of Oregon. Plaintiffs Randy Sloan and Robert Paul were wards of the Court in the 1970s and were within the custody of MacLaren School for Boys when they allege that Fr. Michael Sprauer, the School's Catholic Chaplain, molested them on multiple occasions. The jury's verdict of nearly $1.4 million capped the three week trial. Not only did the jury find that Fr. Michael Sprauer abused the two plaintiffs, but they awarded punitive damages based upon clear and convincing evidence presented by attorney Daniel J. Gatti. The State of Oregon, who operates MacLaren, was found negligent as well.

$1.5 Million Wrongful Death Settlement

Jeff Thayer successfully negotiated a $1.5 million settlement for a wrongful death case in Marion County. A local tavern was accused of overserving the defendant driver, who later caused a deadly motor collision.

Judge Certifies Class of Allstate Agents

U.S. District Court Judge Moran recently granted class certification for Allstate agents who worked under the R-830 contract between April 1, 1998 and May 31, 1999. Specifically the judge certified plaintiffs’ Breach of Contract claim. Plaintiffs allege that defendant Allstate implemented its “Allstate Agency Standards” in an attempt to harass employee agents into retiring or converting to independent contractors. Plaintiffs assert that Allstate engaged in this activity in an attempt to skirt its obligation to fund agents’ pension and benefit plans.

This recent victory complements the already certified claim of constructive discharge, whereby plaintiffs allege that Allstate violated Sec. 510 of ERISA. That claim was granted class certification for Allstate agents who worked under the R-830 and R-1500 contracts, during the time frame of April 1, 1998 through May 31, 1999.

Oregon Firm Uncovers Massive Insurance Fraud

Dan Gatti's case against State Farm Insurance Company was the subject of a two-part Dateline documentary, "The Paper Chase," and "Good Neighbor Gone Bad," which won the Polk, Peabody, Edward R. Murrow and Dupont-Columbia television awards in 2000. The Paper Chase was the most popular Dateline series since the Iran hostage crisis.

Dan Gatti's investigation into State Farm Insurance Company's' "paper review" process uncovered massive fraud on the part of contract companies employing non-medical personnel to write medical findings denying claims, said Gatti. "It was massive, well planned fraud backed by legal departments with war chests that thought they would never be challenged," according to Gatti. "And it wasn't just State Farm, the whole industry was using this ruse."

Insurance class-action cases have been filed by Daniel J. Gatti, and a group of lawyers throughout the US. These Insurance class action cases involve complaints against companies which utilize computer programs and/or undisclosed "Cost Containment Programs" to deny Personal Injury Protection. They also include denial of Med-Pay benefits to injured people or deny paying an insured "Diminished Value" after a car has been repaired or fail to pay the true cash value after an auto has been "totaled." Suits are pending against many of the leading insurance companies in the United States.

Misled Patients Leads to Suits Against Physicians

Dan Gatti's numerous cases against doctors performing cosmetic surgery after weekend workshops was the subject of a 20/20 feature with Diane Sawyer. Gatti's clients suffered injury, in many cases irreparable, to their faces, necks, arms, and abdomens.

"It's a crisis in education," says Gatti. "'Cosmetic' surgeons are not necessarily Board Certified 'Plastic' surgeons. A patient has the right to know his or her doctor's qualifications and experience. If a patient is misled, and is subsequently injured as a result of negligence, then that person has the right to recovery, and the false advertising should be stopped."

This is especially true if the doctor wrongfully advertises or implies that the doctor is a Board Certified Plastic and Re-constructive Surgeon when he or she is not. A "Cosmetic" surgeon is not necessarily recognized as a certified specialist by the American Board of Medical Specialties. A "Cosmetic" surgeon is not always a certified "Plastic" surgeon.

For example, the doctor could be a Dermatologist, a Dentist, or even a Pathologist or Osteopath with one or more limited weekend educational seminars on cosmetic techniques.

Class Actions Certified

Federal and Oregon state courts have certified class actions on behalf of consumers who were involved in auto accidents and who, after their automobiles were repaired, were not paid the " diminished value" of their automobiles. The offending companies include Allstate, State Farm, Safeco and cases are pending against several others.

In addition to the above, class actions have been certified against several national insurance companies for failing to reclassify "exempt" employees -- thus avoiding having to pay overtime wages saving these companies millions of dollars at the expense of those who work to make these companies profitable.

The goal of Gatti, Gatti, Maier, Sayer, Thayer and Associates is to right wrongs where ever they take place. Gatti, Gatti, Maier, Sayer, Thayer and Associates are Trial Lawyers, proud of what they do and how they do it -- with Courage, Commitment and an understanding of clients needs, fears, and extent of damage. For example, when Farmers Insurance utilized a "Computer Program" to put a limit on what a person should receive for compensation of an injury, $10,000 was not enough. The jury agreed when the jury rendered a verdict of $450,000. Farmers paid, stopped using the "Computer Program", and Dan Gatti's client could only say, "Dan changed my life, and I will be forever grateful."

$1.5 Million Arbritration Verdict

In a binding arbitration trial, Daniel J. Gatti received a verdict of $1,447,000 for a client who was injured on his motorcycle, requiring low back surgery. Fortunately, the client had an umbrella policy of $1,000,000. The offer, prior to arbitration, was $400,000. After the arbitration verdict was rendered, policy limits were paid in May, 2006.

Class Action Settlement

As one of the lead co-counsel, Dan Gatti recently achieved a settlement in the case of Froeber v. Liberty Mutual Insurance Company for the sum of 8.2 million dollars. The class action complaint alleged that the insurance company routinely discounted health care providers’ bills based upon a unilateral percentage as opposed to paying what was reasonable and necessary. The case settled on a nationwide basis after years of litigation in Marion County Circuit Court in Oregon in April, 2006.

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