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Van Gilder, David C.

Name:Van Gilder, David C.
Practice In: Accident & Injury ,Personal Injury ,Business Law ,Corporate ,Environmental Law ,Estate
Law Firm: Van Gilder & Trzynka, P.C.
Location:436 E Wayne Street
Fort Wayne, IN 46802
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Fax: 260-969-5361
http://www.vgtlaw.com
 

Barrett represents businesses and individual clients in a broad range of contingency litigation matters, including business torts, antitrust disputes, and consumer and employment class actions. Barrett is a 2004 cum laude graduate of the University of Missouri − Columbia School of Law, where he was Editor-in-Chief of the Missouri Law Review and received the Judge Shepard Barclay Prize for the graduating law student who has attained the highest standing in scholarship and moral leadership. After law school, Barrett was a law clerk for the Honorable Duane Benton of the United States Court of Appeals for the Eighth Circuit, and then for Judge Dean Whipple of the United States District Court for the Western District of Missouri.

Before joining Stueve Siegel Hanson in 2009, Barrett practiced in the Kansas City office Sonnenshein Nath & Rosenthal LLP (now known as SNR Denton), one of the largest law firms in the country.  At Sonnenschein, Barrett concentrated his practice in business litigation, trade secret and non-compete litigation, white collar criminal defense, and appellate practice.

Barrett is married with two children, and lives in Lee's Summit, Missouri.

RECENT LITIGATION HIGHLIGHTS

In re: Underfilled Propane Litigation. Barrett is a member of the team that prosecuted this multi-district litigation related to underfilled propane tanks in the Western District of Missouri. Plaintiffs generally alleged that Defendants AmeriGas and Ferrellgas conspired to reduce the amount of propane sold in replacement barbeque-type propane cylinders but continued to sell the cylinders as "full." More than 15 cases were filed around the country and eventually consolidated by the Judicial Panel on Multidistrict Litigation. In 2010, the Court approved a class action settlement between Plaintiffs and AmeriGas for $10 million, and appointed Stueve Siegel Hanson as settlement class counsel. In 2012, the Court approved a class action settlement of $25 million between Plaintiffs and Ferrellgas.

Bank Overdraft Fees Litigation. Barrett represents bank debit-card customers in their lawsuits against banks alleging unfair and deceptive assessment of overdraft fees. To date, these cases have resulted in settlements of $30 million on behalf of consumers.

In re Eclipse Aviation Depositor Litigation. Barrett represented businesses and individuals seeking the return of hundreds of millions of dollars of aircraft deposits based on negligent misrepresentations. The New Mexico litigation resulted in a substantial confidential settlement.

Petroski et al. v. H&R Block. Barrett represents thousands of H&R Block tax professionals alleging that H&R Block violated federal and state law by failing to pay them for the 24 hours of training required by H&R Block after a tax season in order for its tax professionals to continue in their employment and prepare returns for H&R Block in the next tax season.  Plaintiffs allege that because this training is mandatory and occurs during the existence of a continuing employment relationship between H&R Block and its tax professionals, these training hours are compensable under federal and state law.  The lawsuit is pending in the United States District Court for the Western District of Missouri.  The Court certified a nationwide collective action under the FLSA and a California and New York Rule 23 class. Nearly 18,000 H&R Block tax professionals have joined the collective action lawsuit seeking unpaid wages for these mandatory training hours.

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