Kershaw, Cutter & Ratinoff
Encyclopedia
Kershaw, Cutter & Ratinoff is a personal injury
and class action
law firm located in Sacramento, California
. The firm has seven attorneys, including its three founding partners, William A. Kershaw, C. Brooks Cutter and Eric J. Ratinoff. All three of its founding partners were named Northern California "Super Lawyers" in 2010 and 2011 by the Super Lawyers Publication.
lawsuits, mass torts, and class action
lawsuits. They focus on catastrophic accidents, such as motorcycle and auto accidents, brain injuries, spinal cord injuries, and on insurance bad faith
, medical malpractice
, products liability, employment practices liability
, and consumer fraud.
The firm's mass torts and class action
attorneys have taken lead roles in a number of high profile cases. Bill Kershaw took part in leading a legal team that won an $87 million settlement in 2007 against shipping corporation United Parcel Service
on behalf of rank and file UPS delivery drivers. Brooks Cutter served on the Plaintiff's Steering Committee for a medical device products liability lawsuit against Guidant
Corporation for an implantable defibrillator that was recalled due to its potential to malfunction. The issue was highly publicized, as one of the defibrillator devices short-circuited in a 21-year old patient, causing the college student's untimely death.
Brooks Cutter served as co-lead counsel in a class action lawsuit against California State Automobile Association
(CSAA) on behalf of policyholders who were wrongfully charged a deductible when they made claims arising from collisions with uninsured motorists or hit and run drivers. The lawsuit resulted in a multi-million dollar settlement. In 2007, the firm filed the first class action complaint against the nation's largest accounting firm, PricewaterhouseCoopers
(Campbell v. PricewaterhouseCoopers
), and one against the fifth largest accounting firm, BDO Seidman (Nguyen V. BDO Seidman), with Bill Kershaw as lead counsel. The lawsuits seek to recover millions of dollars in overtime pay for its past and present entry level accounting assistants who are fulfilling their apprenticeships and have not yet been licensed or certified by the state of California. The suits are still in litigation; however, in March 2009, a judge agreed that the California associates at PwC are not exempt from overtime according to the 2001 wage order and granted summary judgement in the plaintiff's favor. The outcome of this case, which is currently in the United States Court of Appeals for the Ninth Circuit
, will likely determine the outcome of cases filed against other Big Four (audit firms) in California.
In 2010, the firm filed a class action lawsuit against BMW
, citing dangerous defects in the fuel pump for BMW
's new N54 turbocharged engine. They've advocated for seat belt use on Greyhound buses, representing passengers injured in bus crashes. And recently, they've represented hundreds of college students who claimed they were scammed by for-profit trade schools that left them undereducated, with no job prospects and in thousands of dollars of debt.
The firm has become well known for suing technology giants for fraudulent activity toward consumers. In 2008, the firm achieved a settlement with Verisign, Inc., a company providing secure websites on behalf of businesses, for alleged misrepresentations with respect to the level of that security. In 2009, they sued Zynga
for unauthorized charges relating to "special offers" featured in its social networking games, including the popular "Farmville
," which is played on sites like Facebook and MySpace. And in 2010 they filed a complaint against Apple Computers and AT&T
over an alleged design flaw in the newly released iPhone 4
, after which Apple agreed to provide protective bumpers for the iPhone4 in an effort to remedy the design flaw.
Currently, the firm is representing 70 individuals who were implanted with faulty hip devices that were recalled by Johnson & Johnson
Company, DePuy
Orthopedics, in August 2010. The lawsuit prompted a story covered by ABC World News with Diane Sawyer
, raising questions about the U.S. Food and Drug Administration
's medical device approval process.
The firm has been noted for their use of social media to both promote their firm and help community organizations. They use their Facebook firm page to support local charities, donating $5 for every new "like" their page receives to a different organization each month, up to a predesignated amount.
In 2011, they sponsored former professional football player Damon J. Smith
in his cross over into AMA Supercross.
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
and 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...
law firm located in Sacramento, California
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...
. The firm has seven attorneys, including its three founding partners, William A. Kershaw, C. Brooks Cutter and Eric J. Ratinoff. All three of its founding partners were named Northern California "Super Lawyers" in 2010 and 2011 by the Super Lawyers Publication.
Civil practice
The firm represents plaintiffs in personal injuryPersonal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
lawsuits, mass torts, and 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...
lawsuits. They focus on catastrophic accidents, such as motorcycle and auto accidents, brain injuries, spinal cord injuries, and on insurance bad faith
Insurance bad faith
Insurance bad faith is a legal term of art that describes a tort claim that an insured person may have against an insurance company for its bad acts. Under the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to the persons they insure...
, medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...
, products liability, employment practices liability
Employment practices liability
Employment Practices Liability is an area of United States law that deals with wrongful termination, sexual harassment, discrimination, invasion of privacy, false imprisonment, breach of contract, emotional distress, and wage and hour law violations....
, and consumer fraud.
Notable cases
In 2011, Brooks Cutter and Eric Ratinoff won a $7.6 million jury verdict on behalf of a young Elk Grove woman who became paralyzed after a U.C. Davis radiologist missed an abnormality on her spine. The verdict is believed to be the largest medical malpractice verdict in Sacramento County history.The firm's mass torts and 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...
attorneys have taken lead roles in a number of high profile cases. Bill Kershaw took part in leading a legal team that won an $87 million settlement in 2007 against shipping corporation United Parcel Service
United Parcel Service
United Parcel Service, Inc. , typically referred to by the acronym UPS, is a package delivery company. Headquartered in Sandy Springs, Georgia, United States, UPS delivers more than 15 million packages a day to 6.1 million customers in more than 220 countries and territories around the...
on behalf of rank and file UPS delivery drivers. Brooks Cutter served on the Plaintiff's Steering Committee for a medical device products liability lawsuit against Guidant
Guidant
Guidant Corporation, part of Boston Scientific and Abbott Labs, designs and manufactures artificial pacemakers, implantable defibrillators, stents, and other cardiovascular medical products. Their company headquarters is located in Indianapolis, Indiana. Their main competitors are Medtronic, St...
Corporation for an implantable defibrillator that was recalled due to its potential to malfunction. The issue was highly publicized, as one of the defibrillator devices short-circuited in a 21-year old patient, causing the college student's untimely death.
Brooks Cutter served as co-lead counsel in a class action lawsuit against California State Automobile Association
California State Automobile Association
AAA Northern California, Nevada and Utah , formerly known as the California State Automobile Association , is one of the largest motor clubs in the American Automobile Association National Federation...
(CSAA) on behalf of policyholders who were wrongfully charged a deductible when they made claims arising from collisions with uninsured motorists or hit and run drivers. The lawsuit resulted in a multi-million dollar settlement. In 2007, the firm filed the first class action complaint against the nation's largest accounting firm, PricewaterhouseCoopers
PricewaterhouseCoopers
PricewaterhouseCoopers is a global professional services firm headquartered in London, United Kingdom. It is the world's largest professional services firm measured by revenues and one of the "Big Four" accountancy firms....
(Campbell v. PricewaterhouseCoopers
PricewaterhouseCoopers
PricewaterhouseCoopers is a global professional services firm headquartered in London, United Kingdom. It is the world's largest professional services firm measured by revenues and one of the "Big Four" accountancy firms....
), and one against the fifth largest accounting firm, BDO Seidman (Nguyen V. BDO Seidman), with Bill Kershaw as lead counsel. The lawsuits seek to recover millions of dollars in overtime pay for its past and present entry level accounting assistants who are fulfilling their apprenticeships and have not yet been licensed or certified by the state of California. The suits are still in litigation; however, in March 2009, a judge agreed that the California associates at PwC are not exempt from overtime according to the 2001 wage order and granted summary judgement in the plaintiff's favor. The outcome of this case, which is currently in the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, will likely determine the outcome of cases filed against other Big Four (audit firms) in California.
In 2010, the firm filed a class action lawsuit against BMW
BMW
Bayerische Motoren Werke AG is a German automobile, motorcycle and engine manufacturing company founded in 1916. It also owns and produces the Mini marque, and is the parent company of Rolls-Royce Motor Cars. BMW produces motorcycles under BMW Motorrad and Husqvarna brands...
, citing dangerous defects in the fuel pump for BMW
BMW
Bayerische Motoren Werke AG is a German automobile, motorcycle and engine manufacturing company founded in 1916. It also owns and produces the Mini marque, and is the parent company of Rolls-Royce Motor Cars. BMW produces motorcycles under BMW Motorrad and Husqvarna brands...
's new N54 turbocharged engine. They've advocated for seat belt use on Greyhound buses, representing passengers injured in bus crashes. And recently, they've represented hundreds of college students who claimed they were scammed by for-profit trade schools that left them undereducated, with no job prospects and in thousands of dollars of debt.
The firm has become well known for suing technology giants for fraudulent activity toward consumers. In 2008, the firm achieved a settlement with Verisign, Inc., a company providing secure websites on behalf of businesses, for alleged misrepresentations with respect to the level of that security. In 2009, they sued Zynga
Zynga
Zynga is a social network game developer located in San Francisco, United States. The company develops browser-based games that work both stand-alone and as application widgets on social networking websites such as Facebook and MySpace....
for unauthorized charges relating to "special offers" featured in its social networking games, including the popular "Farmville
FarmVille
FarmVille is a farming simulation social network game developed by Zynga in 2009. It is similar to Happy Farm, Farm Town,, and older games such as the Harvest Moon series...
," which is played on sites like Facebook and MySpace. And in 2010 they filed a complaint against Apple Computers and AT&T
AT&T
AT&T Inc. is an American multinational telecommunications corporation headquartered in Whitacre Tower, Dallas, Texas, United States. It is the largest provider of mobile telephony and fixed telephony in the United States, and is also a provider of broadband and subscription television services...
over an alleged design flaw in the newly released iPhone 4
IPhone 4
The iPhone 4 is a touchscreen slate smartphone developed by Apple Inc. It is the fourth generation iPhone, and successor to the iPhone 3GS. It is particularly marketed for video calling , consumption of media such as books and periodicals, movies, music, and games, and for general web and e-mail...
, after which Apple agreed to provide protective bumpers for the iPhone4 in an effort to remedy the design flaw.
Currently, the firm is representing 70 individuals who were implanted with faulty hip devices that were recalled by Johnson & Johnson
Johnson & Johnson
Johnson & Johnson is an American multinational pharmaceutical, medical devices and consumer packaged goods manufacturer founded in 1886. Its common stock is a component of the Dow Jones Industrial Average and the company is listed among the Fortune 500....
Company, DePuy
DePuy
DePuy is a franchise of orthopaedic and neuroscience companies. Acquired by Johnson & Johnson in 1998, its companies form part of the Johnson & Johnson Medical Devices & Diagnostics group...
Orthopedics, in August 2010. The lawsuit prompted a story covered by ABC World News with Diane Sawyer
Diane Sawyer
Lila Diane Sawyer is the current anchor of ABC News' flagship program, ABC World News. Previously, Sawyer had been co-anchor of ABC Newss morning news program, Good Morning America ....
, raising questions about the U.S. Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...
's medical device approval process.
Community
Lawyers in the firm have become known in the community for their involvement with various charitable organizations. Brooks Cutter serves on the Board at WIND Youth Services, a non-profit organization that provides shelter and resources for homeless youth. A fluent Spanish speaker, Cutter appeared on Univision's morning news to increase awareness about the organization among Sacramento's Latino community. Eric Ratinoff served as President of the Board at Sierra Forever Families, an organization that helps children and youth in foster care find permanent families, or reunite with their biological family.The firm has been noted for their use of social media to both promote their firm and help community organizations. They use their Facebook firm page to support local charities, donating $5 for every new "like" their page receives to a different organization each month, up to a predesignated amount.
In 2011, they sponsored former professional football player Damon J. Smith
Damon J. Smith
Damon J. Smith is an American athlete, author, entrepreneur, and radio personality. He is the first professional football player to race professional motocross.-Early years:...
in his cross over into AMA Supercross.