HILL | TURNER LLC, Birmingham, Alabama
LAWSUIT AND SETTLEMENT NEWS AND INFORMATION
Alabama Supreme Court Affirms $38 Million Refund of Occupational Tax
On May 14, 2010, the Alabama Supreme Court affirmed Judge David Rains’ order providing for refunds of illegally collected occupational taxes to Jefferson County taxpayers in the amount of $37, 796,302.06. All six justices who heard the case concurred in the result.
The opinion clears the way for the processing of refunds to people who work in Jefferson County and paid the tax between January 12, 2009 and August 14, 2009, when the Alabama Legislature approved and Governor Riley enacted a new occupational tax for Jefferson County.
“Overall, we are pleased with this result,” said Jim McFerrin, one of the lawyers representing the taxpayers in the case. “While we still believe that other moneys were collected by the County that were subject to the trial court’s Orders, we will stand by the ruling of the Alabama Supreme Court. The opinion is well reasoned and it is clear the Supreme Court put a great deal of thought and care into writing this opinion.”
Added Sam Hill, “We anticipate that there will be further attempts by the County to delay the payment of refunds to the taxpayers. However, we will push as hard as we can to get the refund process moving so that $38,000,000 gets back into the hands of the taxpayers and into the local economy as quickly as possible....read more.
HILL | TURNER LLC Among First to File Claims on Behalf of Alabama Gulf Coast Residents and Businesses
As an out of control oil spill continues to grow in the Gulf of Mexico, HILL | TURNER LLC, has filed suit against the owners and operators of the Deepwater Horizon oil drilling platform on behalf of property and business owners on Alabama’s Gulf coast.
The Alabama coastline is set for a direct hit from the massive plume of oil that is spreading across the Gulf of Mexico. According to the April 30, 2010 edition of the Birmingham News, Governor Bob Riley has announced that business owners who are affected by the spill will have the ability to file claims for compensation through the State - which Governor Riley expects to eventually be paid by BP PLC.
In advance of these claims, a number of class action lawsuits have been filed in state and federal courts all along the Gulf coast. Our claim, brought on behalf of homeowners and business owners along the Alabama coast, seeks damages from several entities that appear to have a role in the explosion that lead to this catastrophic oil spill.
It is expected that the Deepwater Horizon spill will have a devastating economic impact across the Gulf coast from Florida to Louisiana. Experts predict loss of business for the entire area and that property values will suffer in what is already a difficult real estate market. Cancellations for vacation rentals are already being reported, and businesses that rely on tourist dollars are preparing for the worst.
Combining the economic impact that this oil spill will have on the State of Alabama with the immeasurable impact that the oil plume’s contamination will take on the entire Gulf ecosystem, this is a disaster that will affect all the residents of the Gulf coast for years to come.
Michael C. Quillen Joins the Firm
The law firm of HILL | TURNER LLC, is pleased to announce that Michael C. Quillen has joined as counsel to the firm. Mike has practiced law in Alabama since 1975, most recently with the law firm of Walston Wells & Birchall, LLP. His extensive background, both as an accomplished trial attorney and as a mediator, brings a wealth of knowledge and experience to the clients of HILL | TURNER LLC. In addition to having tried over 100 jury trials, Mike is an accomplished appellate attorney. He, along with Sam Hill, was involved in the landmark Gore v. BMW case before the United States Supreme Court. He has been instrumental in settling or obtaining summary judgments in several hundred other cases. Mike’s experience in evaluating and settling cases led his developing an active mediation practice. Mike was trained by the American Academy of Attorney Mediators and the American Arbitration Association and is frequently asked by attorneys and judges to mediate cases. Mike is a member of the Birmingham Better Business Bureau's panel of arbitrators, and has served as a Court Appointed Special Advocate in the Family Court of Jefferson County representing the interests of children in cases of abuse and neglect.
“I am very excited to be joining the HILL | TURNER LLC team,” said Mike. “Sam and I have worked together in the past, and I am looking forward to that renewed relationship. Having watched this firm take shape, I am invigorated by the opportunity to turn this new page in my career and to work with such an exceptional group of people.”
“Mike’s experience is such a good fit for our firm, particularly the business litigation clients we represent. His vision as a mediator and his approach to case evaluation will help shape the solutions we can provide to all of our clients,” said Brian Turner. “Mike has been an excellent mentor, not only to me, but to so many lawyers,” added Sam Hill. “Our clients will benefit from the experience he brings to the table and the perspective he will add to the issues our clients face every day.”
Jefferson County to Pay Cost of Occ Tax Refunds
On January 15, 2010, Judge David Rains entered an Order requiring the Jefferson County Commission to deposit $1.1 million into the occupational tax settlement fund to cover the cost of refunds to the taxpayers. Judge Rains found that the County had claimed that it did not have the resources to process a refund and that the system put in place was the most cost effective.
Judge Rains further held that the County had been allowed to spend over $600 million in occupational taxes that were collected between the date the Alabama Legislature repealed the occupational tax and the date of his January 12, 2009 Order enforcing the repeal. Judge Rains states, “The equities of this case do not support or justify any further waiver of the County’s obligations to the taxpayers who are due refunds under this Court’s Order of January 12, 2009. The County owes the taxpayers a refund and the cost of administering that refund should be borne by the County.”
Further, Judge Rains ordered the County to deposit $2,450,547.92 for interest that has accrued under his January 12, 2009 Order, and further ordered that interest on the total amount owed back to the class, $47,812,627.95, shall accrue interest going forward at $15, 719.22 per day until the matter is resolved and refunds can be made.
The County has recently appealed Judge Rains’ latest orders and the Alabama Supreme Court has entered an expedited schedule for the parties to file briefs with the Supreme Court on those issues.
Yaz/Yasmin Oral Contraceptives Bayer Corporation
Yaz/Yasmin Oral Contraceptives Bayer Corporation, the maker or the popular birth control Yaz, and its predecessor Yasmin, is currently facing legal issues due to potential health problems associated with these drugs. While all hormone based birth control poses some health risks, the risks are greater with Yaz and Yasmin because they are created using a third generation progestin called drospirenone. Drospirenone can cause an increase in potassium levels in the blood, which can lead to hyperkalemia. Hyperkalemia has been linked to various medical conditions, including heart rhythm disturbances, such as extrsystolies, pauses or bradycardia. If left untreated hyperkalemia can be fatal. Drospirenone also increases the risk of blood clots forming, including deep vein thrombosis which can lead to heart attacks, pulmonary embolisms, or can travel to the brain causing strokes. These are serious health concerns that consumers should be aware of. Since Yasmin and Yaz have been on the market, there have been hundreds of accounts of injury and death reported in users of these drugs. If you or someone you know has been injured by a defective product and are seeking more information, please go to our "about us" page and contact HILL | TURNER LLC.
Chinese Drywall
Contaminated Chinese drywall began entering the country in 2001 through two dozen ports. This contaminated drywall can cause serious health issues including, but not limited to, upper respiratory problems, nose bleeds, headaches, eye irritation, and allergies. Chinese drywall emits gasses which corrode copper and metal surfaces, including electrical wiring, air conditioners and appliances. These gasses not only destroy homes, but the personal property within homes, such as televisions, computers and electronics. The majority of the contaminated drywall entered the country during the construction boom from 2004-2006. There are many theories as to what is causing these issues; however, as of now the exact cause is unknown. If you believe that your home may be contaminated or there are telltale signs in your home including a rotten egg or sulfur smell emanating from the contaminated walls, Chinese labels on the drywall itself, and corrosion of copper wiring and appliances in the home, please contact HILL | TURNER LLC for more information about protecting your rights.
Jeffco plaintiffs' Law Team is Formidable as Job-Tax Suit Proves
September 14, 2009 - One is described as the brains of the team while the other is described as the brawn. One usually develops the legal theory and the other crafts the legal documents. Jim McFerrin and Sam Hill, lawyers for Jefferson County taxpayers who emerged victorious in the occupational-tax lawsuit, are formidable individually, but can be overwhelming as a team,
friends say...READ FULL STORY
Supreme Court Upholds Repeal of Occupational Tax
In an unanimous opinion today, August 25, 2009, the Alabama Supreme Court affirmed the repeal of the Jefferson County occupational tax.
Recent Class Action Settlements
HILL | TURNER LLC has recently settled class action cases against two companies for sending junk faxes. The first case involved the Birmingham, Alabama based restaurant "Chappy’s Deli." That case was filed in the Circuit Court for Jefferson County, Alabama. The second case was filed in the United States District Court for the Northern District of Georgia against Pitney Bowes Corporation. In each of these cases, the company involved had sent tens of thousands of unsolicited faxes in violation of the Telephone Consumer Protection Act. Consumers and businesses who received these illegal faxes were sent notice of the settlements and may make claims with the claims administrator in each case as provided for in the notice of settlement they received.
Jefferson County Occupational Tax Ruled Invalid
On January 12, 2009, Judge David Rains, sitting by designation in the Circuit Court for Jefferson County, entered an Order upholding the repeal of the Jefferson County Occupational Tax. HILL | TURNER LLC, has the privilege of representing the taxpayers of Jefferson County in this case. Judge Rains had stayed operation of his Order to give the Alabama Legislature the opportunity to pass a new occupational tax bill. With no action taken by the Legislature, the fate of the occupational tax returns to the Courts. "The Legislature returned to the debate that lead to the original repeal "who should pay this tax?" stated Sam Hill, counsel for the class of tax payers in the case before Judge Rains. "When all is said and done, there has been no progress on this issue since 1999," said Hill.
"Judge Rains made clear that his Order staying the escrow ends with the legislative session. If the County wants to have access to any collected funds during the rest of this appeal process, they need to come to the table in good faith and we'll see if there is a compromise that protects our class members that we can agree to," added Hill.
The case is on appeal to the Alabama Supreme Court.
