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TLPJ Challenges Proposed Class
Action Settlement Against Financial Giant Accused of Predatory Lending and Home
Mortgage Fraud
Objections Charge that Forced Settlement of
Class Members’ Punitive Damages Claims Violates Their Constitutional Right to
Opt Out

Washington
Mutual Tower in Seattle.
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Trial Lawyers for Public Justice (TLPJ) is
challenging a proposed class action settlement of predatory lending claims
against Washington Mutual Finance Group, LLC (Washington Mutual) and other
affiliated financial institutions as an abuse of both the class action device
and class members’ rights. In objections
recently filed on behalf of class members, TLPJ contends that the proposed
settlement in Baker v. Washington Mutual Finance Group, currently pending
in the United States District Court for the Southern
District of Mississippi (Gulfport Division), unconstitutionally attempts to
cap the defendants’ liability by preventing class members from opting their
claims for punitive damages out of the class action settlement.
"This is a clear-cut example of class action
abuse," said TLPJ Goldberg-Deitzler Fellow Richard H. Frankel, lead counsel
for the objecting class members. "Class members have a constitutional right
to opt out of class action settlements. By preventing them from opting their
punitive damages claims out of the settlement, the defendants are seeking to
limit their own liability at the expense of the class members’ rights to have
their own day in court. The law simply does not permit this result."
Seattle-based Washington
Mutual currently operates more than 2,400 consumer banking, mortgage
lending, commercial banking, consumer finance, and financial services offices in
41 states. The class action lawsuit, pending before the Honorable Walter J. Gex,
charges that Washington Mutual committed home mortgage fraud and other predatory
lending practices against Mississippi homeowners. The suit alleges that
Washington Mutual took advantage of individuals seeking the benefits of home
ownership by misleading them about the value of their homes, imposing excessive
and unnecessary expenses upon them, requiring them to purchase insurance they
did not need as a condition of buying their homes, and charging illegally high
interest rates. The complaint in the case, filed on March 23, 2004 on behalf of
thousands of Mississippi homeowners, seeks both compensatory and punitive
damages.
If approved, the proposed settlement will
establish a $7 million damages fund to be distributed among class members who
file claims forms. Attorneys’ fees, which will be paid out of the class’s
damages fund, would be between $1.7 and $2.1 million. Class members will have
the right to opt their claims for compensatory damages out of the settlement and
pursue them in individual cases against the defendant. The settlement provides,
however, that the class is "mandatory" with respect to claims for
punitive damages, and that class members who opt their compensatory claims out
of the class will not be permitted to seek any punitive damages against the
defendants. TLPJ’s objections, filed September 16, 2004, contend that the
no-opt-out portion of the settlement violates both the U.S. Constitution and the
federal class action rule by depriving the class members of the right to opt
out.

Richard H. Frankel
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Charles R.
Mullins
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Leslie A. Brueckner
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"This settlement perverts the central
purpose of the class action device," said co-counsel for objectors Charles
R. Mullins of Coxwell
& Associates in Jackson, Mississippi. "Class actions are supposed
to protect the rights of those who want to participate in a settlement, as well
as those who want to exclude themselves from it."
"These Mississippi homeowners should not
have been forced by the defendants to take out loans and buy insurance that they
did not need. Now they should not be forced into a settlement that they may not
want," said TLPJ Staff Attorney Leslie A. Brueckner, who assisted with the
objections.
TLPJ’s objections also challenge the validity
of several other aspects of the proposed settlement, including a broadly worded
release of liability that forces class members to give up all present and future
claims against Washington Mutual and to give up the right to defend against
foreclosure on their homes. The objections also challenge the fact that the
settlement requires class members to submit complicated claims forms before
obtaining any relief from the settlement, arguing that Washington Mutual should
be required to distribute its ill-gotten gains directly to the class. The
objections explain that, because available statistics from other class action
settlements indicate that very few class members submit claims forms, this
hurdle threatens to leave a high percentage of the class with no relief at all.
TLPJ’s objections
to the settlement in Baker were filed as part of its Class Action Abuse
Prevention Project, a nationwide campaign dedicated to monitoring, exposing, and
fighting class action abuse nationwide. In addition to Frankel, Mullins, and
Brueckner, TLPJ’s legal team includes TLPJ Staff Attorney Michael J. Quirk.
TLPJ’s objections in Baker are posted online at www.tlpj.org.
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Trial Lawyers for Public Justice is the only
national public interest law firm dedicated to using trial lawyers’ skills and
resources to advance the public good. Founded in 1982, TLPJ utilizes a
nationwide network of more than 3,000 outstanding trial lawyers to pursue
precedent-setting and socially significant litigation. It has a wide-ranging
litigation docket in the areas of consumer rights, environmental protection,
toxic torts, worker safety, civil rights and liberties, and access to the
courts. TLPJ is the principal project of The TLPJ Foundation, a not-for-profit
membership organization. It has offices in Washington, DC, and Oakland, CA.
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