The Sunedison lawsuit is a class action suit. This is one of the more successful cases to come out of Oke Alabama. The name of the law firm for the lawsuit, Sunedison & Hale, is a reference to the city of Opelika. These companies were sued by the residents of Oke Alabama who claimed that they were exposed to dangerous levels of radiation while at a local power plant.
Both the plaintiffs and the defendant are seeking compensation for medical expenses, lost wages, future medical care and other such compensation.
Some class-action suits have stipulations that the settlements be shared between the attorneys and the class members. In the case of the Sunedison lawsuit this stipulation was included. In many instances, a settlement offer is contingent on the defendants approval of the proposed settlement amount. The details of the proposal are often disclosed only after the settlement offer has been approved.
In this instance, the plaintiffs were willing to submit a request for a settlement that would result in most of the compensation being paid to them by the defendant. The terms of this offer will vary greatly depending on the outcome of the lawsuit. If the settlement offer is rejected the plaintiffs are left with no other recourse. If the settlement offer is accepted, it is typically in the form of a settlement payment.
The terms of a settlement offer will include the amount of the settlement, the time frame in which the settlement payments are to be made, the terms of the payments, and any interest that are to be charged.
It will also include any court costs and fees. Each month that the settlement amount is not paid will constitute late fees. The defendant is required to reimburse these fees to the plaintiff. If the settlement amount is approved, the lawsuit is continued against the defendant by the same attorney.
This case was filed by the law firm of Wilson & Associates, P.C. The lead attorney is Robert T. Shields, III. The other attorneys assisting this case are Debra S. Poovey, Rene B. Smith and Lee A. Friess. This case is presently pending before the courts. If the court rules in the plaintiffs’ favor, it is expected that defendant-plaintiff will have to reimburse attorney’s fees. If the court rules against the plaintiffs, it is likely that they will receive nothing.
This was a case brought against a defendant who failed to make required payments of his lawsuit judgments.
On appeal of the defendants’ refusal to pay the judgment the case was moved to the Florida Supreme Court. On appeal the court held that the trial court abused its discretion in granting the defendants’ motion to dismiss. The court held that it properly entered into the trial court’s record the facts of the case sufficient for it to find probable cause that the defendant did not act in good faith. The court stated that it could not find that the plaintiffs had any legal right to bring the suit.
This case was brought against defendant B.J. O’Rourke.
Mr. O’Rourke is on a personal contract as a consultant with the Atkins Diet, a weight loss program. He has also been employed by the State of Florida as a public relations specialist. Mr. O’Rourke apparently became acquainted with the case through an Atkins Diet e-book that he sold on his website.
The Atkins e-book recommended that the plaintiff should pursue a case against the defendant.
Based upon information contained in the e-book, and upon his past experience as a publicity agent, the plaintiff decided to pursue the case in hopes of obtaining a settlement from the defendant. It is not clear whether the case ever reached the point of a trial. Whether this case reached any point of trial or settlement is not clear from the records available.