Class Action Lawyers

In a class action lawsuit the attorneys for the plaintiffs seek relief for all members of a given class, rather than an individual plaintiff. Class actions can be useful if injunctive relief is sought (i.e., to prevent defendants from continuing to injure the members of a class) and/or where funds are required for medical monitoring of the members of the class.

Fitzgerald & Fitzgerald has been designated lead counsel in consumer class action lawsuits:

1. German, et al v. FHLMC, The City of New York, New York City Housing Authority, et al. (93 CIV 6941 (NRB) SDNY) In this class action lawsuit , for which Fitzgerald & Fitzgerald was certified as the lead counsel for the plaintiffs, the plaintiffs seek to compel "municipal" defendants to comply with Federal and State Rules and Regulations regarding abatement of lead based paint hazards. In addition, plaintiffs sought a fund for medical monitoring of children under the age of 7 who have been exposed to lead based paint hazards.
2. Sabater, et al v. Lead Industries Association, Inc., et al. (25533/98, Supreme Bronx) - In this class action lawsuit, which is pending in Bronx Supreme Court, plaintiffs seek to hold the Lead Industries Association and several manufacturers of lead pigment responsible for the clean up (i.e., abatement) of the lead based paint that was produced with their product. In addition, plaintiffs also seek a medical monitoring fund for the plaintiffs of this action.
3. Mejia, et al v. The City of New York, by its Human Resources Administration (01 Civ. 3381 (GBD) SDNY) - In this lawsuit plaintiffs seek to enjoin New York City Human Resources Administration from recovering monies for liens for Medicaid which include inappropriate surcharges, and liens based upon therapies provided at school.
4. Andree, et al v. The County of Nassau, et al. (CV 02-688 (ADS) (ETB) EDNY) - In this class action suit, Fitzgerald & Fitzgerald seeks to enjoin defendants from recovering monies for liens based upon therapies provided at school. Therapies provided at school should not be charged to the student because under the federal IDEA ("Individuals With Disabilities Education Act") statute, all students are entitled to a "free and appropriate public education..." The Class also seeks to recover monies that have already been paid on liens which included charges for therapies received at school.

In all of the above cases, Fitzgerald & Fitzgerald is seeking injunctive relief to protect infant clients from further damages as a result of their having been lead poisoned and seeking to recover adequate awards for their injury.