Archive for August, 2007

McNally Cuming Raymaker Resolves Wrongful Death and Orthopedic Injury Claim

Tuesday, August 28th, 2007

The family represented by McNally Cuming Raymaker, Alberta Injury Lawyers, for a claim arising from a motor vehicle collision in December of 2004, recently resolved their claim with a confidential out of court settlement.

The family had been proceeding on a rural highway in Alberta when their minivan was struck by a one ton truck operated by an impaired individual, whose passengers were actually drinking at the time of the collision. James Cuming of McNally Cuming Raymaker, Alberta Injury Lawyers, represented the injured survivors and the Estate for the deceased Plaintiff in the case. The claims were resolved through mediation to the satisfaction of the family of the deceased and the injured passengers less than three years after the collision occurred.

If you or someone you know has suffered a significant orthopedic injury, fatality or brain injury, please do not hesitate to contact McNally Cuming Raymaker, Alberta Injury Lawyers, to act on your behalf.

Confidential Settlements Reached In Securities Claim

Tuesday, August 21st, 2007

On behalf of twenty individual investors, McNally Cuming Raymaker, Alberta Injury Lawyers, reached a confidential settlement well into the millions of dollars with a Defendant Brokerage and Broker in a claim involving alleged improper investing, non-disclosure and non-compliance with a major investment. If you have suffered a loss due to the negligence of a Brokerage, Broker or securities dealer, please contact McNally Cuming Raymaker.

Client Update for HMS Financial Case

Wednesday, August 8th, 2007

McLENNAN ROSS LLP / McNALLY CUMING RAYMAKER

This is to update you on developments since our April 26, 2006 update on the status of this litigation.

As of this update, we do not have a decision from the Court with regard to the Certification of our action as a Class Action.

We continue to work with counsel in the United States to have the HMS investor funds frozen in the First National Bank of San Diego transferred to the Alberta Courts.

We are also working with counsel in Indiana to recover funds which were invested by Garth Bailey, and which we believe are HMS investor funds.

On July 25, 2007 the Court approved our application for settlement with Garth S. Bailey, Garth S. Bailey Professional Corporation, Katherine Rodrigue-Bailey and her company Kirby Audit Services Inc. In summary, the terms of the Settlement are as follows:

  • Judgment against Garth S. Bailey and Garth S. Bailey Professional Corporation for an amount to be determined;
  • Garth S. Bailey and Garth S. Bailey Professional Corporation will disclose all trust records in their possession as they relate to the operation of the HMS Scheme to Plaintiff Class Counsel;
  • Garth S. Bailey and Garth S. Bailey Professional Corporation shall provide full cooperation, without compensation, to the Plaintiffs with respect to the operation of HMS and related Defendant corporations, and with respect to any details regarding information as to the possible whereabouts of HMS investor funds;
  • Payment of $27,504.00 by Katherine Rodrigue-Bailey and Kirby Audit Services Inc.

While the settlement amount may seem minimal, Mr. and Mrs. Bailey’s assets are minimal. The purpose of settlement with Mr. Bailey is to obtain his full co-operation in assisting us with pursuing other, more realistic avenues of recovery. Mr. Bailey has already sworn affidavits in support of our applications in San Diego and Indiana with respect to transferring investor funds to the Alberta Courts.

Yours truly,

Lynn Dechaine (for Graham McLennan)
Paralegal - Litigation
McLennan Ross LLP
Toll Free: 1-800-567-9200
Direct Line: (780) 482-9281
Fax: (780) 482-9100