Round up: St. Clair class action swoon

Steve Gonzalez Feb. 23, 2005, 9:34am

St. Clair County Courthouse

In the days building up to President Bush's signing of the Class Action Fairness Act, St. Clair County saw its largest influx of class action litigation in history.

Among the cases:

  • Todd and Amy Morgan are suing Clearwater, Fla.-based lender Market Street Mortgage over a $10 "fax fee," The Morgans allege the firm "unjustly enriched" itself by charging the fee. They're represented by Gary Peel of the Lakin Law Firm in Wood River.

  • Swansea Chiropractor P.B. Komeshak filed class action lawsuits against four insurance companies who, he says, illegally didn't reimburse him in full for work performed.

    Komeshak charges Illinois Farmer's Insurance, Swiss insurer Zurich Services, Hartford (Ct.) Accident & Indemnity, New Jersey-based Risk Enterprises Management, and Texas-based Concentra with a range of digital offenses aimed at lowering payments to his practice, from "manipulating computer codes" to using "biased software."

    Komeshak is represented by the Lakin Law firm as well as Robert Becker of Belleville.

  • Schweiss Insurance Agency, located on Route 159 in Swansea, filed a class action lawsuit against Canada-based Protus IP Solutions, alleging that between Apr. 4 and Oct. 22, 2004, Protus illegally sent them advertisements by fax.

    Schweiss is represented by David Nester of Belleville and Max Margulis of Chesterfield.

  • James Peel filed a class action lawsuit against New York-based Time Life and Time-Warner charging the duo sent consumers unwanted merchandise so they could illegally charge on his credit card.

    Peel claims that he purchased one CD from Time-Life, but the next month his Visa was billed and he was sent another CD without his permission.

    Peel is represented by Paul Marks of the Lakin Law Firm of Wood River.

  • Chiropractor Kathleen Roche filed a class action against Corvel Corp., a managed care and PPO network operator based in Irvine, Calif.

    Roche accuses Corvel of "defrauding" her doctors by reimbursing at discounted rates while never delivering "promised patient referrals."

    Corvel is not an insurance company. Physicians who enter Corvel's PPO offer their services at discounted prices in exchange for access to that patient-referral network.

    Roche is also represented by the Lakin Law firm and Robert Becker of Belleville.

  • Lebanon chiropractor Dale Fischer filed six class action lawsuits against insurance companies, including Boston-based One Beacon, Cleveland-based Continental, Philadelphia-based Cigna, Irving, Tx.-based TIG, Charlotte-based Royal Sun and Shawnee Mission, Ks.-based Universal Underwriters.

    Fischer alleges thay "wrongfully and deceptively" reduced payments to him by claiming he was part of respective their PPO networks.

    Fischer is also represented by the Lakin Law Firm and Robert Becker.

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