Class Action Lawsuits

Mr. Withers has created an exciting and expanding practice in class action litigation. He has pursued aggressive and innovative class action suits in the areas of insurance, real estate and mortgage transactions and banking.

Notably, Mr. Withers was on the cutting edge of the subprime mortgage crisis, when along with other experienced class action counsel, he filed a lawsuit, Pitts v. Novastar Financial, Inc., in the Southern District of Georgia. That case, along with others, was consolidated in Savannah, as a multi-district litigation matter.

The case, which alleged violations of the Real Estate Settlement Procedures Act, was a national class action that ultimately settled for an amount in excess of $17,000,000.00. Mr. Withers served as liaison counsel. On September 14, 2007, a fairness hearing was conducted in the United States District Court for the Southern District of Georgia to address final approval of the settlement. Mr. Withers appeared, along with others, on behalf of the class and on September 18, 2007, the court entered a Final Approval Order and Judgment approving the settlement.

Mr. Withers also acted as a liaison counsel for a class action lawsuit against Home Depot, regarding a massive security breach. Mr. Withers was crucial in assisting in reaching a major settlement for this case.

Additionally, in a class action case against Equifax, due to a failure to safeguard customers’ sensitive information, Mr. Withers worked to reach a major settlement for those impacted.

Mr. Withers continues to actively investigate and pursue class cases.