CBL Electricity Lawsuit Website

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CBL Electricity Lawsuit Website
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The information contained on this website is only a summary. More information regarding the Lawsuit is contained in the Notice of Pendency of Class Action (the “Notice”). You may download a copy of the Notice by clicking here.

The Class:

On January 7, 2019, the Court certified the Lawsuit as a class action. The Court certified two Classes, as follows:

Nationwide Class: All tenants at shopping malls managed by CBL & Associates Management, Inc., whose electricity charges were determined based on a Valquest survey1 within the applicable limitations period.

-and-

Florida Class: All tenants at shopping malls in Florida managed by CBL & Associates Management, Inc., whose electricity charges were determined based on a Valquest survey within the applicable limitations period.

The applicable limitations period for both the Nationwide Class and the Florida Class is March 16, 2012 to December 31, 2018.

Description and Status of the Lawsuit:

The Lawsuit involves electricity charges, paid by tenants at shopping malls managed by CBL & Associates Management, Inc., which were determined based on a Valquest Systems (“Valquest”) survey. The Class alleges that CBL and Valquest conspired to (1) mark up the amount billed Class members per kilowatt hour (kWh), charging them more per kWh than what CBL paid for the same electricity, and (2) charge Class members for more kilowatt hours of electricity than they actually received. The Class alleges that this conduct violated the Racketeer Influenced Corrupt Organizations Act (“RICO”), Florida’s Racketeer Influenced Corrupt Organizations Act (“Florida RICO”), and Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”).

Defendants deny the Class’s allegations and assert that each tenant was charged in accordance with each tenant’s applicable lease terms.

The Court has not decided whether the Class’s or Defendants’ theory of the case is correct; this will be determined at the trial currently set for the trial term of April 1, 2019. By certifying the Classes and authorizing this Notice, the Court is not suggesting that the Class will prevail at trial on this case. The Class must prove its claims at trial.

 

YOUR LEGAL RIGHTS AND OPTIONS:

DO NOTHING AND REMAIN IN THE CLASS 

If you want to remain a member of the Class, you do not need to take any action. You will be bound by any judgment, favorable or unfavorable, in this Lawsuit. This means that you will participate in any settlement or favorable judgment in the Lawsuit.

You will not need to appear at Court or participate in any trial. You are welcome to attend at your own expense. 

EXCLUDE YOURSELF FROM THE CLASS BY SUBMITTING A REQUEST FOR EXCLUSION POSTMARKED NO LATER THAN MARCH 23, 2019

If you DO NOT wish to remain in the Class, you must send a request in writing in order to request exclusion from the Class.

Further information regarding the requirements for submitting a valid request for exclusion from the Class is included in paragraph 8 of the Notice.

If you exclude yourself from the Class, you will not participate in any settlement or favorable judgment in the Lawsuit but you also will not be bound by an unfavorable judgment.


Class Counsel:

The following law firms and attorneys have been certified by the Court as Class Counsel:

 

Buckner + Miles
David M. Buckner, Esq.
Seth E. Miles, Esq.
Brett E. von Borke, Esq.
3350 Mary Street
Miami, Florida 33133
(305) 964-8003

Hagens Berman Sobol Shapiro LLP
Tom Loeser, Esq.
1301 Second Avenue
Suite 2000
Seattle, Washington 98101
(206) 268-9337

Yormak Employment & Disability Law
Benjamin H. Yormak, Esq.
9990 Coconut Road
Bonita Springs, Florida 34135

Email Class Counsel:

CBLclassaction@bucknermiles.com


These attorneys will represent you as part of the Class, unless you timely exclude yourself from the Class.

You have the right to hire your own attorney at your own expense. Class Counsel represents the Class on a contingency basis and will only receive attorneys’ fees and reimbursement of their expenses if there is a recovery for the Class and the Court awards fees and costs. Payment to Class Counsel for attorneys’ fees and expenses may be made from any recovery obtained from the Defendants.

  

1At certain shopping malls managed by CBL & Associates Management, Inc., Valquest Systems, Inc. prepared and provided surveys used by CBL to establish tenants’ electrical charges (the “Valquest Surveys”). 
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