Whatley Drake & Kallas
Whatley Drake & Kallas

Whatley Drake & Kallas LLC has the expertise, knowledge, skill and resources to develop and litigate a complex case through to verdict. The firm has earned a national reputation for being bold and fearless in taking on large corporations, established institutions, and the financially powerful whose actions have resulted in injuries to others. While the firm is proud of its many outstanding clients, it also welcomes the opportunity to serve as co-counsel with and to accept referrals from other lawyers.


Whatley Drake & Kallas Appointed Co-Lead Counsel in Wells Fargo Mutual Fund Litigation
Kreek, et al v. Wells Fargo & Co., et al
On November 12, 2008, Judge William Alsup of the Northern District of California appointed WDK Co-Lead Counsel in a class action suit against Wells Fargo & Co. in which defendants are alleged to have entered into undisclosed revenue-sharing agreements with brokerages and selling agents which were financed by charging investors excessive and improper fees. The suit was brought on behalf of purchasers of Wells Fargo Mutual Funds between November 4, 2000 and April 11, 2006, against Wells Fargo & Company, Wells Fargo Fund Management, LLC, Wells Fargo Funds Trust, Wells Fargo Distributors, Stephens, Inc., and Wells Fargo Bank, N.A., and alleges that defendants’ failure to disclose the illegal revenue sharing arrangements violated the federal securities laws.
Whatley Drake & Kallas Argues Important CAFA Cases Before the 4th Circuit
On October 29, 2008, Joe Whatley of Whatley Drake & Kallas argued two important cases under the Class Action Fairness Act before the United States Court of Appeals for the 4th Circuit. The appellants are two separate pay day lending companies, Advance America and Carolina Pay Day Lending. The defendants argued that since they were incorporated in a state separate from the state where they have their principal places of business, they could remove a class action to federal court even if all the plaintiffs were citizens of one of those states. Whatley Drake & Kallas countered that Congress never intended such a result when it passed CAFA. If the defendants prevail, for all practical purposes, there will be no more class actions in state court against major corporations because almost all of them are incorporated in Delaware but have their principal places of business in another state. According to Whatley, “The argument went well. We are hoping for a favorable opinion from the 4th Circuit. We continue to believe that in our system of federalism, there is a place for state courts to handle class actions.”
Whatley Drake & Kallas Appointed Co-Lead Counsel in Countrywide Mortgage and Sales Practices Litigation
White v. Countrywide Financial Corp et al 
Yesterday, Judge Sabraw of the Southern District of California appointed Whatley Drake & Kallas to serve as co-lead counsel representing the plaintiffs in the MDL proceeding related to Countrywide's Mortgage lending practices. Joe Whatley stated, "We are honored by the appointment, and we intend to do everything we can to represent the victims of scheme cooked up by those in control of Countrywide and the Wall Street bankers that they worked with." The cases are brought on behalf of the millions of people who have subprime mortgage loans through Countrywide. Many of the class members have had their homes foreclosed on, and many others face likely foreclosure.
Texas Homeowners Injured by Houston Oil Refinery Explosion File Lawsuit Against Valero Energy Corporation

Whatley, Drake & Kallas Is Investigating Potential Claims Including Leukemia and Other Injuries Related to Refinery’s Long History of Benzene Discharge        Whatley, Drake & Kallas, LLC (WDK) has filed a lawsuit in Harris County Texas District Court on behalf of residents who were injured by toxic chemicals released in an early morning explosion on August 4, 2008 at a Houston oil refinery operated by San-Antonio-based Valero Energy Corporation. Homeowners living in the refinery’s surrounding Manchester neighborhood suffered symptoms including difficulty breathing and burning eyes when sulphur fumes and other chemicals were released into the air after the explosion. The residents claim that the oil refinery is a private nuisance that has caused personal injuries and diminished property value.

Fifth Circuit Holds Plaintiffs Are Not Required to Prove Adverse Effect on Competition to Prevail in a Packers and Stockyards Act Suit
Wheeler et al. v. Pilgrim's Pride Corp.
The United States Court of Appeals for the 5th Circuit issued an important opinion expanding the rights for poultry and livestock producers. Chicken farmers for Pilgrim’s Pride Corp. filed a suit alleging that the company’s founder operated his chicken farm under a more lucrative arrangement than the company extended to its other farmers.
Whatley Drake & Kallas Appointed Co-Lead Counsel in Anemia Drug Class Action
WDK has been appointed Co-Lead Counsel for the plaintiff class of health and welfare funds in consolidated multi-district litigation against anemia drug manufacturer Amgen, Inc., the world’s largest biotechnology company.
Whatley Drake & Kallas Appointed Interim Class Counsel in Prepaid Funeral Benefits Class Action
WDK has been appointed Interim Class Counsel in a class action lawsuit filed on behalf of hundreds of funeral homes located across the country against a major seller of pre-need, prepaid funeral benefit contracts and several other affiliated companies and individuals.
Whatley Drake & Kallas Attorneys Recognized in Alabama Super Lawyers 2008
The list appears in the May, 2008 issue of Business Alabama and Alabama Super Lawyers magazines. Only 5 percent of the total attorneys in Alabama are selected for inclusion on the Super Lawyers list. Attorneys are chosen by their peers through a polling, research and selection process conducted by Law & Politics magazine.
Whatley Drake & Kallas Appointed Co-Lead Counsel of Mattel Lead Toy Litigation
Judge Fischer of the United States District Court for the Central District of California yesterday recognized the firm’s expertise in this area by appointing it as co-lead counsel, along with Coughlin Stoia, to represent the families whose children have purchased Mattel toys that are contaminated by lead paint.
Whatley, Drake & Kallas Named to National Law Journal's Prestigious 'Plantiffs' Hot List'
The "Plaintiffs' Hot List" is a yearly compilation of "exemplary" firms from across the country that "devote at least half of their resources to plaintiffs' work, and which have achieved at least one significant win during that period." Whatley Drake was one of thirteen firms selected for the list.

Litigation on behalf of Fannie Mae Series S Preferred Stockholders

Purchasers of Text Messaging Litigation Against Wireless Phone Service Providers

Plastic Baby Bottles Contain Toxic Chemical - BPA Litigation

One-A-Day WeightSmart Litigation

Store-brand Airborne Litigation

Texas Homeowners Injured by Houston Oil Refinery Explosion File Lawsuit Against Valero Energy Corporation
 
NSF Disorder Linked to Gadolinium MRI Dye

Funeral Homes File Class Action Claims Against Prepaid Funeral Contracts Seller

Puerto Rican Ocean Cargo Shippers Seek Damages for Antitrust Violations

George Weston Bakeries Route Distributors Seek Unpaid Overtime

Health and Welfare Plans Seek Reimbursement for Overpayment of Wellbutrin XL Antidepressant

Health and Welfare Plans Seek Reimbursement for Overpayment of Trasylol