Seth Lesser Helps in Fighting Discriminatory Sales Policies to African Americans

Seth Lesser, a partner at Klafter Olsen & Lesser, was co-lead counsel in litigation that resulted in United States District Court Judge Janet Bond Arterton granting preliminary approval of a $24.4 million settlement with John Hancock Life Insurance Company on behalf of African Americans, who bought, own, are insured by, or are beneficiaries of industrial weekly life insurance policies or monthly debit policies by John Hancock prior to 1959.

Originally filed in 2003, the case focused on practices that allegedly denied the full range of available life insurance policies to African Americans. It is believed to have stemmed from a system in which Hancock didn’t pay commissions to sales agents for sales to African Americans.

According to the terms of the settlement, class monetary fund of $24.4 million, plus interest is to be established and calls for a jointly selected Special Master to oversee disbursement of funds to class members who will receive up to $1,200 per affected policy. Any unused funds will be donated to organizations that predominately benefit African Americans.

"We are pleased that the Court took the next step in the process that we expect will ultimately result in welcome relief to the class,” said Seth Lesser.

Cyrus Mehri, co lead counsel also added that "This case is a perfect example that the long arc of history bends towards justice. With this outstanding result an important chapter is closed in a way that is fair to both our clients and the Company."

In 1988, Seth Lesser earned his Juris Doctor from Harvard Law School, graduating magna cum laude while having served as Editor of the Harvard Environmental Law Review and Editor of the Harvard International Law Journal.

Seth Lesser is admitted to practice in New Jersey, New York and the District of Columbia as well before the United States Supreme Court, nine federal courts of appeal, and eight federal district courts. His professional appointments have included memberships on numerous national, state and local bar association committees and other professional organizations.

Seth Lesser and Multi District Litigation

Over the past twelve years, Seth Lesser has been successfully prosecuting cases on behalf of investors, consumers, mass tort victims and employees throughout the United States.

Admitted to practice in New Jersey, New York and the District of Columbia as well before the United States Supreme Court, nine federal courts of appeal, and eight federal district courts, Seth Lesser has frequently been appointed by federal judges to be lead or co-lead counsel in multiple multi-district litigation proceedings.

In the United States, multidistrict litigation (MDL) refers to a special federal legal procedure intended to speed the process of handling complex cases such as air disaster litigation or product liability suits. Cases subject to MDL go from one court to another for pre-trial proceedings before being remanded to the originating court for trial. The Judicial Panel on Multidistrict Litigation determines whether cases should be consolidated under MDL and where to transfer the cases, in order to fast track trials that could involve thousands of plaintiffs.

Seth Lesser’s MDL experience includes, among others: MDL-1346 (In re Amazon.com) (sole lead), MDL-1352 (In re Doubleclick Inc.) (co-lead), and MDL-1400 (In re Pharmatrak) (co-lead). In addition, he has recently been Co-Lead Counsel in MDL-1708 (In re Guidant heart devices) pending in the District of Minnesota; sole lead counsel in In re: Grand Theft Auto Video Game Consumer Litigation (No. II), MDL-1739, in the Southern District of New York; sole lead counsel in In re Pepsico, Inc. Bottled Water Sales Practices, MDL-1903, also in the Southern District of New York.

He has also been on numerous MDL Executive/Steering Committees. For instance, he is currently on the Executive Committee in MDL-1845 (ConAgra Peanut Butter Products Liability Litigation) and is presently class counsel in several litigations.

Seth Lesser’s Expertise in Fair Labor Standards Act Cases

Seth Lesser, a partner at Klafter Olsen & Lesser, has a diverse practice and has prosecuted cases on behalf of investors, consumers, mass tort victims and employees, over the past 12 years. In that time, Seth Lesser has accumulated considerable experience and expertise in cases involving the federal Fair Labor Standards Act (FLSA).

Under the federal FLSA, an employee who works more than 40 hours a week is, as a general proposition, entitled to time and a half overtime, unless the person is an “exempt” employee under the FLSA and fits within one of the statute’s exemptions. “Executive” positions, “administrative” positions, and “professional” positions, among others, for example, are exempted.

However, In recent years, either through ignorance of the law or a willful desire to save money, many companies have disregarded the dictates of the FLSA, and required their workers to work in excess of 40 hours a week without overtime pay by designating employees with job titles that sound impressive but, in reality, do not meet the criteria for exemption under the statute.

Recently, Seth Lesser played a significant role in a case involving misclassification under the FLSA. He was a trial counsel for plaintiff in litigation against Staples Inc., wherein almost $2.5 million was awarded to 343 plaintiffs by a Newark federal court jury who determined that Staples Inc. acted in willful defiance of the law in not paying its store managers overtime pay.

Seth Lesser: Advocate

Seth Lesser has been successfully prosecuting cases on behalf of investors, consumers, commercial companies, mass tort victims and employees for the past 12 years. He began his career at a large defense firm and subsequently became partner at two plaintiff-oriented firms, Bernstein Litowitz Berger & Grossmann and Locks Law Firm before joining Jeffrey Kafter and Kurt Olsen to establish Klafter Olsen & Lesser.

His legal career has revolved around class action and mass tort lawsuits that have recovered hundreds of millions of dollars for his clients.

For Seth Lesser, the standard fare of cases can involve everything from harmful medical devices; defective cars, automotive products, computers, software and other products; illegal overcharges on telephone bills; insurance overcharges, false product advertising; privacy law, to violations of federal consumer protection and civil rights statutes and violations of state and federal wage and hour laws.

Seth Lesser’s professional appointments have included memberships on numerous national, state and local bar association committees and other professional organizations. Furthermore, he is routinely called upon to speak on legal matters and has also published numerous articles, occasionally co-authoring articles on class action law.

Seth Lesser is admitted to practice law in New York, New Jersey and the District of Columbia; as well before the United States Supreme Court, nine federal courts of appeal, and eight federal district courts.