We are handling cases in which serious remediation of commercial and residential buildings has been necessary due to the presence of mold in various building systems, including insulation and ventilation. Some of this toxic mold syndrome is attributable to inadequately tested building structures or defectively manufactured building products Including windows. The claims involve remediation as well as damages to compensate the owners of buildings for resulting damages.

Gilman and Pastor is investigating cases in which pension or retirement plans violate federal pension law (known as ERISA) by the manner in which they calculate plan benefits.

The firm represents businesses in and insureds who were the victims of concerted actions by certain national Insurance Brokerage Defendants and Insurers who improperly charged inflated insurance premiums for lines of property, casualty, liability, personal lines including homeowners insurance, employee benefits and excess and surplus lines of insurance, in breach of their fiduciary duties.

Gilman and Pastor, LLP has been appointed by the Trial Court in the consolidated Massachusetts Indirect Purchaser Actions. The firm was also appointed by the District Court to the Indirect Purchaser Plaintiffs' Executive Committee in In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, No. M 02-1486 (N.D. Cal.) and is currently litigating the case on behalf of indirect purchasers nationwide.

Phenolic Foam Roof Insulation (PFRI), which was widely used in commercial and institutional buildings from 1980 through 1992, releases an acidic leachate which causes severe corrosion to metal roof decks. In December of 2000 the U.S. District Court in Boston, Massachusetts, after more than five years of major construction defect litigation granted final approval to two settlements with the manufacturers of PFRI.
The estimated value of the total settlement compensation is over $350 million.
If you own a commercial or industrial building with a standing seam metal roof or a copper roof, which you believe contains defective phenolic foam roof insulation installed between 1980 and 1992, please contact us immediately to perfect your entitlement to significant damages 877-428-7374.

Most employees are not aware that their employers may not have contributed sufficient assets to pay promised benefits to future retirees or that the assets in their retirement plans may have substantially decreased in value creating a phenomenon known as under funding. This under funding could result in the inability of your pension plan to pay the retirement benefits due you.

Gilman and Pastor, LLP is investigating unlawful variable annuities sales practices such as churning, excessive fees, false disclosures, market-timing trading, and unsuitable investment transfers.
Variable annuities are insurance contracts providing purchasers with future payments that fluctuate according to the performance of mutual funds and other managed funds into which a customer's money is invested. Variable annuities are sold by insurance companies and brokerage companies for commissions. According to the New York Times and other publications, various state and federal regulators are investigating the trading practices of the variable annuity industry.
On May 27, 2003, the NASD issued an Investor Alert with regard to the sales of variable annuities. It said, in part: "The marketing efforts used by some variable annuity sellers deserve scrutiny - especially when seniors are the targeted investors.
Sales pitches for these products might attempt to scare or confuse investors. One scare tactic used with seniors is to claim that a variable annuity will protect them from lawsuits or seizures of their assets. Many such claims are not based on facts, but nevertheless help land a sale."

We represent both persons and institutions who purchased investment funds with Bernard L. Madoff Bernard L. Madoff Investment Securities LLC (“BMIS”), as well related entities which were marketed as providing steady double-digit returns even in the most turbulent of markets.
In the litigation, we allege that these entities sacrificed their clients’ investments as part of a massive Ponzi scheme, including multiple acts of fraud, issuing false and misleading investment materials and statements and concealing information about the allocation of the Feeder Funds’ assets.
We are also actively investigating and litigating claims against many third parties who were negligent and breached their fiduciary duties in failing to perform the necessary due diligence when advising their clients to invest in these funds.
For more information Click Here.

We are prosecuting investor claims against ProShares Ultra Funds and UltraShort ProShares Funds, which have subjected investors to substantially more risk than was disclosed and resulted in enormous losses by investors.
ProShares touted its UltraShort ETFs including those listed above, as simple-to-execute investments which go up when markets go down. Although ProShares touts its securities and cloaks them with certainty due to allegedly reliable mathematical formulas, their math does not add up.
Holding the funds for more than one day or trading session will most certainly lead to enormous losses. ProShares has now conceded that mathematical compounding actually prevents these funds from achieving their stated investment objectives over a period of time greater than one day.
For more information Click Here.

Our attorneys have extensive experience litigating insurance claims on behalf of homeowners and business owners against their insurance companies. We have represented in the past, and currently represent businesses and individuals in a wide array of insurance cases, including: 1. Hurricane Property Damage We have handled claims involving the improper calculation of deductibles, determining coverage, and cases where the insurance company simply refuses to pay the right amount. 2. Sinkhole Damage There are generally two kinds of sinkhole claims: (1) the insurance company denies that there is sinkhole activity; and (2) the insurance company acknowledges that sinkhole motion exists, but then fails or refuses to adequately or timely pay to repair the damage. 3. Life Insurance While life insurance carriers actively advertise for, and promote, their life insurance coverage, and then willingly accept premium dollars for many years – decades or more – they too often fail to pay on the claim in the consumer’s time of need. Claims denial is common. 4. Long Term Disability (LTD) Insurance Consumers pay their LTD premiums, and then, suddenly, when they need that become disabled and need that coverage the most, the LTD carrier refuses to honor and pay the claim. 5. Health Insurance Health insurance companies, in their efforts to maximize profits and to cut costs, often delay or deny treatment for valid health insurance claims. These insurance companies simply deem innovative, progressive treatment as “experimental” and excluded under the policy. They also engage in “rescission," which is their concerted effort to retroactively cancel the policyholder’s coverage by claiming the insured lied on the on an insurance application form. 6. Denial of Warranty Claims When a consumer buys a home, a car, appliance, or other costly product, he or she also purchases additional insurance protection – called a warranty – to protect the consumer against costs of repair or replacement if the purchase turns out to be defective or fails. Many builders, car dealers, and electronics chains, sell these warranties at an additional cost over and above the product’s purchase price. Unfortunately, many warranty companies fail to honor their warranty obligations to repair or replace the defective product. There are several variations of this warranty denial: (1) claiming the product or defect is not covered; or (2) claiming no coverage exists because the item is “out of warranty” or outside the warranty period. 7. Vehicle Property Damage Vehicle crashes, accidents, theft, fire, or adverse weather conditions can result in substantial vehicle property damage. Auto insurance companies often fail or refuse to cover the full extent of the property damage. For profit’s sake, insurance companies try to pay consumers the very least amount of money possible for vehicle property damage. Insurance companies are required, however, in virtually every State, to honor the terms of their policies. If they fail to honor their policies terms, in many case insurance companies can be sued for bad faith. More often than not, auto insurance companies attempt to repair the damaged vehicle instead of declaring the vehicle a “total loss,” or “totaling” the vehicle. Not only does this improper tactic greatly diminish the vehicle’s value, but may also place the consumer at risk of operating a defective and unsafe vehicle. 8. Fire Insurance Fire insurance protects against fire damage to homes and businesses. When a substantial claim is made under a fire insurance policy, insurance companies often seek to deny coverage on several grounds: (1) arson; (2) electrical fire; (3) appliance and product malfunctions. Insurance companies also often refuse to pay the correct for repair, replacement, relocation, or rebuilding. 9. Water Damage Water damage to the home is caused by many sources: broken washer lines/hoses, broken refrigerator water lines, broken ice machine hoses, or leaking roofs. Insurance companies may be held liable for failing to pay a water damage claim, or when they fail to pay the correct amount. 10. Flood Damage Claims Water damage in the form of flooding often ruins a home. After the water has been removed, there is often mud residue and toxic mold which take hold of the structure itself, rendering the home uninhabitable. Major appliances and electronics, including washer, dryer, refrigerator, furnace, water heater, televisions, computers, and other related products and irreparably damaged and require replacement. Carpeting and drywall have to be replaced. The damage to the structure itself – called structural damage – may be insurmountable to repair, meaning relocation or rebuilding are the last available options. Most homeowner, condo owner, and business insurances cover water damage, but exclude “flood” damage. Because of this standard exclusion, insurance companies often attempt to delay or deny claims for water damage by simply categorizing the damage as flood damage. There are strict legal definitions that apply to these situations, and quite often the insurance company’s claim denial based on claiming the damage is flood-related can be defeated in court. 11. Employee Retirement Income Security Act (ERISA) Disability Claims Consumers whose disability insurance is issued through their employer often fall under the federal employee benefit law known as ERISA. Consumers who have become disabled need their private disability insurance to cover their new and increasing financial needs. This is why the consumer purchased the private disability insurance in the first place: peace of mind. Unfortunately, insurance companies often fail to provide compassion or an adequate legal basis for denying valid disability claims by their insureds for coverage under long-term and short-term disability policies. Special rules for ERISA claims apply, so our attorneys knowledgeable in ERISA law can help. 12. Hail Damage Hail damage to homes and business is often covered in homeowner and business insurance policies. Often, the insurance company claims the roof damage or other proiperty damage caused by hail was pre-existing, or was not the result of hail damage. Where these claims have been wrongfully denied, then the insurance company is often liable to the policyholder for the claim as well as attorneys’ fees and costs. 13. Toxic Mold Attorneys Toxic mold claims originate when a home is subject to water damage or intrusion from the elements, faulty workmanship, burst pipes, roof leaks, or other sources of water entering the home. Water intrusion in the home often results in the growth of toxic mold, which takes thrive in moist environments. When water damage leads to mold, then the homeownwer’s insurance policy is often required to pay for resulting repairs, clean-up, and replacement of affected structures. 14. Home Owner Insurance (HOI) Homeowners’ insurance (HOI) protects the home itself as well as the contents, or personal property inside the home. Most consumers have paid their HOI premiums for years, even decades, without filing a single claim. When a home and/or its contents are damaged or destroyed in a hurricane, tropical storm, thunderstorm, lighting strike, fallen tree, or even an errant vehicle, then a HOI generally covers the claim, including repair, replacement, and rebuilding. Insurance companies are increasingly refusing to pay valid claims, delay paying the claim, or underpaying the claim. Because an insurance policy is a contract between a homeowner and an insurance company, the insurance company must abide by the terms of its contract. Where the insurer wrongfull delays or denies paying a valid claim, it can be held liable not only for breach of contract, but also for bad faith. In addition, the firm has considerable experience in construction structural equipment accidents, medical malpractice, and premises liability.

We are prosecuting investor complaints against brokerage firms, financial institutions and entities misled their clients into purchasing these purported fully principal protected notes, through assurances that their principal investment would be fully protected. Certain financial institutions including ABN AMBO Bank N.V., AIG, Bank of America, Barclays Bank, Bear Stearns, Charles Schwab, Citigroup, Countrywide Securities, Credit Suisse, Deutsche Bank, E-Trade, Harris National Bank, Incaptial LLP, JP Morgan Chase, Lehman Brothers, Merrill Lynch, Morgan Keegan, Morgan Stanley, RBC Royal Bank, Societe Generale, UBS Fraud, Wachovia, and others.
We allege that these banks specifically targeted conservative, risk-averse investors who were seeking to preserve their capital and generate income. In fact, these notes subjected investors to significantly more risk than was disclosed. Holders of these structured securities and principal protected notes (PPNs) face significant losses, including their entire principal investment.
For more information Click Here.

Gilman and Pastor LLP is representing home owners and building owners who have defective Chinese drywall. Chinese Drywall destroys the homes and buildings in which it was installed, including corrosion of copper wiring, ductwork, cooling coils, air conditioning units, and metal pipes.
Complete remediation and reconstruction is required for the impacted homes. We are also actively investigating claims that Chinese Drywall has resulted in serious personal injuries, including brain injury and birth defects.
For more information Click Here.

Are you receiving the pension benefits to which you are entitled? If you are a participant in a pension plan and have suffered a loss in your corporate retirement fund account, you may be able to recover your losses. Our firm’s pension lawyers can provide important pension advice and services concerning your retirement fund. Your retirement benefits could be at risk without your knowledge. Most employees are not aware that their employers may not have contributed sufficient assets to pay promised benefits to future retirees or that the assets in their retirement plans may have substantially decreased in value creating a phenomenon known as under funding. This under funding could result in the inability of your pension plan to pay the retirement benefits due you. What’s more, many employees are under the erroneous impression that their retirement benefits are fully guaranteed and backed by the federal government.

Countrywide Security Breach Litigation (W.D. Ky.) Sale of Countrywide of its consumers’ confidential private data.

Defective Consumer & Homeowner Products State and Federal laws provide consumers with remedies for products which do not perform as warranted or advertised. Gilman and Pastor’s cases involve a wide range of products, from faulty building and home products to defective cars, tires, and electronic products.

Gilman Law Offices is currently investigating consumer complaints about composite decks and manufacturers' failure to honor their composite deck warranties. Composite wood decking is often made of fiberglass, or waste wood and recycled plastic products, which the manufacturers claim that their products are virtually, care free, "low maintenance," and durable, including resistant to cracks, mold, mildew, spotting, and rot.
We are investigating consumer complaints that contrary to these representations, composite decks are defective in several respects, including stains, discoloration, mold, mildew, spotting, and peeling, as well as manufacturers’ failure or refusal to honor their warranties regarding these decking products.

We are investigating Honda motorcycle frame defects which may result in serious injuries or death. Consumer complaints and our investigation have revealed that certain Honda motorcycle models have defective frame welds. These frame welds lack sufficient strength, which can lead to the frame welds breaking, and result in lower cross member separation and rear suspension collapse.

Gilman and Pastor was appointed as Lead Counsel in the Commonwealth of Massachusetts to represent purchasers of DRAM and products containing DRAM, and serves on the National Executive Committee. Manufacturers of Dynamic Access Random Memory (DRAM), including Samsung, Hynix, and others, engaged in a worldwide conspiracy to inflate prices of the memory products which are used in computer monitors, notebooks, televisions, mobile phones, and various electronics. Manufacturers, sellers, and consumers of DRAM-containing products all paid higher prices as a result of this price-fixing conspiracy.

The world’s largest manufacturers of liquid crystal display (LCD) products, LG, Sharp, and Chunghwa, engaged in collusive behavior to inflate the process of these products. The three companies worked in concert to set prices on thin-film transistor LCDs, which are used in computer monitors, notebooks, televisions, mobile phones, and various electronics. Manufacturers, sellers, and consumers of LCD products all paid higher prices as a result of this price-fixing conspiracy.

Gilman and Pastor, LLP are representing investors against State Street for breaches of fiduciary duties established by the Employee Retirement Income Security Act of 1974 ("ERISA"), as well as other ERISA violations, when they carelessly engaged in "securities lending" for their own benefit and in a manner that involved imprudent and unreasonable risk of loss to the 401(k) and pension plans that invested in the Collective Trusts. The 401(k) and pension plans suffered large financial losses as a result of these risky securities lending practices.

We are prosecuting a securities class action on behalf of investors of AIG and several investment banking firms that acted as sales agents for the Structured Note offerings.
AIG offered and sold Structured Notes to the public through various investment banking firms and broker-dealers, including AIG Financial Securities Corp., ABN AMRO Incorporated, Banca IMI S.p.A., Banc of America Securities LLC, Barclays Capital, Inc., Bear Stearns & Co., Inc., BMO Capital Markets Corp., BNP Paribas Securities Corp., BNY Capital Markets, Inc., Calyon Securities (USA) Inc., Citigroup Global Markets, Inc., Credit Suisse Securities (USA) LLC, Daiwa Securities America, Inc., Daiwa Securities SMBC Europe Limited, Deutsche Bank Securities, Inc., Goldman Sachs & Co., Greenwich Capital Markets Inc., HSBC Securities (USA) Inc., J.P. Morgan Securities Inc., Lehman Brothers Inc., McDonald Investments Inc., Mitsubishi UFJ Securities International plc, Morgan Stanley & Co. Incorporated, Nomura Securities International, Inc., RBC Capital Markets Corporation, Santander Investment Securities Inc., Scotia Capital (USA) Inc., SG Americas Securities, LLC, TD Securities (USA), LLC, UBS Securities LLC, and Wachovia Capital Markets, LLC.
We allege that the documentation accompanying the Notes were false and misleading in failing to disclose AIG’s looming financial meltdown at the time of the offering, and that when this information became public, the market value of the Notes declined substantially. As a result, many investors lost their entire investments.

Gilman and Pastor, LLP represented a proposed class of present and retired pilots of Delta Air Lines, Inc., challenging Delta’s methodology of calculating pension insurance benefits for participants in certain Delta retirement plans.

Gilman and Pastor LLP is representing employees concerning employment practices in which employees have been denied certain entitlements and benefits, including health insurance coverage, retirement benefits, and overtime pay, as a result being misclassified by their employers as independent contractors or in FLSA-exempt positions, against many companies throughout the United States.

We are litigating a collective action against CVS Pharmacy and its parent corporation Caremark alleging that the companies have systematically and intentionally misclassified assistant managers as exempt under the Fair Labor Standards Act (FLSA) for the express purpose of avoiding paying these employees overtime.
We allege that assistant managers are ordinary employees with little or no supervisory responsibilities, and do not qualify for the FLSA-exempt status CVS and Caremark have used to avoid paying overtime pay at the rate of time-and-a0half for hours worked over 40 hours per work week. Virtually all “assistant managers” at CVS are required to work a minimum of 45 hours per work week without any overtime pay.

Gilman and Pastor represents residential and commercial property owners against the oil companies, BP Amoco, Chevron Corp., Exxon Mobil, Conoco Phillips, Shell and Sunoco, for groundwater contamination of their properties from Petroleum leaking from underground storage tanks owned or leased from the above referenced oil companies. Our clients suffered significant diminution of value due to petroleum contamination.

Gilman and Pastor is representing individuals who were injured resulting from the Infuse Bone Graph manufactured by Medtronic, Inc., which was approved for use in lower spine repair surgery to promote bone growth.
Medtronic’s Infuse has been linked to many fatalities or life-threatening complications when used in surgeries on the upper spine and neck.

Gilman and Pastor represents individuals who have sustained personal injuries or wrongful death caused by the negligence of others, including compensation for pain and suffering, lost wages and past and future medical expenses.
Our representation of clients includes injuries and deaths resulting from negligent conduct, design and marketing defects.