James, Hoyer, Newcomer, Smiljanich & Yanchunis
Encyclopedia
James, Hoyer, Newcomer & Smiljanich, P.A. (James Hoyer) is a Tampa
, Florida-based law firm
that prosecutes consumer class action
lawsuit
s and whistleblower
(qui tam
) cases. The firm was founded in 1992 by former federal prosecutors and retired FBI agents. Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud. An October 2000 story in the St. Petersburg Times called James Hoyer one of Tampa’s most successful law firms.
Members of the James Hoyer firm operate the Consumer Warning Network.
MetLife also agreed to pay a $20-million fine to insurance regulators across the country in relation to the lawsuit. The 18,000 MetLife customers received an average of about $2,200 in refunds and interest, for a total payout by Met Life of $39,600,000. The attorney's fees paid by Met Life for the multi-year litigation, approved by the Court, was $2.75 million, according to the New York Times article. Met Life also agreed to change the fraudulent practices it had been accused of.
In 2000, James Hoyer helped negotiate a $206 million class action settlement with insurer American General Corp., on behalf of thousands of African American customers who were systematically overcharged due to their race for small “burial” policies.
In 2005, James Hoyer helped secure $52 million in new funding for Florida's elderly in nursing homes. The firm fully funded all the costs of the litigation and donated all of the legal time. James Hoyer received the Chair's Honor Award from the Elder Law Section of the Florida Bar for the firm's efforts.
In 2006, Allstate Insurance Co.
agreed to change the way it uses credit reports in setting auto and homeowners insurance policies as part of a nationwide settlement. James Hoyer and two other firms negotiated the settlement after suing Allstate for discriminating against African Americans and Hispanics by charging higher premiums based on the minorities' credit scores. The lawyers for James Hoyer took home $11.7 million for fees and expenses, approved by the Court for the several years of work performed by several law firms. The six named plaintiffs were given $5,000 each, over and above their class benefits, as a result of the work they performed in providing deposition testimony and other services to the class. Several million class members were given rebates of about $50 each, while other class members received more.
In 2008, James Hoyer was recognized by the Florida Bar for securing a $295,000 cy pres award for The Florida Bar Foundation. The Florida Bar Foundation is the only statewide organization in Florida that provides funding for Legal Aid and promotes improvements in addressing the civil legal needs of the poor.
In 2008, a judge in a James Hoyer class action case against Wells Fargo described the case as a "virtually worthless settlement of a meritless case." Class members received two trimerge credit reports and FICO scores, information about privacy violations and the Fair Credit Reporting Act. The James Hoyer attorneys were awarded $326,000 in fees and $33,000 in expenses. The law firm appealed the judge's ruling, and contends that the court deviated from established law and evidenced a disregard for the importance of privacy laws. The appeal is pending.
In June 2010, The Wall Street Journal
reported on the Hoyer firm's use of social media to connect with students of Westwood College
, a for-profit school which the firm is pursuing litigation. The Journal also reported that Westwood College had filed a suit against James Hoyer, alleging defamation through "new media Internet weapons".
Tâmpa
Tâmpa may refer to several villages in Romania:* Tâmpa, a village in Băcia Commune, Hunedoara County* Tâmpa, a village in Miercurea Nirajului, Mureş County* Tâmpa, a mountain in Braşov city...
, Florida-based law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
that prosecutes consumer class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
s and whistleblower
Whistleblower
A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department, a public or private organization, or a company...
(qui tam
Qui tam
In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...
) cases. The firm was founded in 1992 by former federal prosecutors and retired FBI agents. Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud. An October 2000 story in the St. Petersburg Times called James Hoyer one of Tampa’s most successful law firms.
Members of the James Hoyer firm operate the Consumer Warning Network.
Past cases
In 1994, MetLife agreed to pay $42.75 million in refunds to 18,000 customers after James Hoyer, along with co-counsel, brought suit against the company for using misleading tactics to sell life insurance as a retirement or savings plan.MetLife also agreed to pay a $20-million fine to insurance regulators across the country in relation to the lawsuit. The 18,000 MetLife customers received an average of about $2,200 in refunds and interest, for a total payout by Met Life of $39,600,000. The attorney's fees paid by Met Life for the multi-year litigation, approved by the Court, was $2.75 million, according to the New York Times article. Met Life also agreed to change the fraudulent practices it had been accused of.
In 2000, James Hoyer helped negotiate a $206 million class action settlement with insurer American General Corp., on behalf of thousands of African American customers who were systematically overcharged due to their race for small “burial” policies.
In 2005, James Hoyer helped secure $52 million in new funding for Florida's elderly in nursing homes. The firm fully funded all the costs of the litigation and donated all of the legal time. James Hoyer received the Chair's Honor Award from the Elder Law Section of the Florida Bar for the firm's efforts.
In 2006, Allstate Insurance Co.
Allstate
The Allstate Corporation is the second-largest personal lines insurer in the United States and the largest that is publicly held. The company also has personal lines insurance operations in Canada. Allstate was founded in 1931 as part of Sears, Roebuck and Co., and was spun off in 1993...
agreed to change the way it uses credit reports in setting auto and homeowners insurance policies as part of a nationwide settlement. James Hoyer and two other firms negotiated the settlement after suing Allstate for discriminating against African Americans and Hispanics by charging higher premiums based on the minorities' credit scores. The lawyers for James Hoyer took home $11.7 million for fees and expenses, approved by the Court for the several years of work performed by several law firms. The six named plaintiffs were given $5,000 each, over and above their class benefits, as a result of the work they performed in providing deposition testimony and other services to the class. Several million class members were given rebates of about $50 each, while other class members received more.
In 2008, James Hoyer was recognized by the Florida Bar for securing a $295,000 cy pres award for The Florida Bar Foundation. The Florida Bar Foundation is the only statewide organization in Florida that provides funding for Legal Aid and promotes improvements in addressing the civil legal needs of the poor.
In 2008, a judge in a James Hoyer class action case against Wells Fargo described the case as a "virtually worthless settlement of a meritless case." Class members received two trimerge credit reports and FICO scores, information about privacy violations and the Fair Credit Reporting Act. The James Hoyer attorneys were awarded $326,000 in fees and $33,000 in expenses. The law firm appealed the judge's ruling, and contends that the court deviated from established law and evidenced a disregard for the importance of privacy laws. The appeal is pending.
In June 2010, The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....
reported on the Hoyer firm's use of social media to connect with students of Westwood College
Westwood College
Westwood College, owned by Alta Colleges Inc., is a United States for-profit institution of higher learning with 17 campus locations in six states and online learning options. Westwood is accredited by national organizations including the Accrediting Commission of Career Schools and Colleges of...
, a for-profit school which the firm is pursuing litigation. The Journal also reported that Westwood College had filed a suit against James Hoyer, alleging defamation through "new media Internet weapons".