Duncan Firm, P.A. - Arkansas Injury Trial Lawyers

NOTICE OF CLASS ACTION AND OF RIGHTS OF CLASS MEMBERS

To: ALL UNREPRESENTED, NON-RAILROAD-EMPLOYEE CITIZENS OF ARKANSAS WHO SETTLED PERSONAL INJURY OR WRONGFUL DEATH CLAIMS WITH UNION PACIFIC FROM 1992 TO FEBRUARY 14, 2005.

By Order dated April 11, 2008, the Honorable Jim Hudson, Lafayette County, Arkansas Circuit Court Judge, Division 2, determined that a class action should proceed in the case of Victor S. Vickers, et al. v. Union Pacific Railroad, et al. Case No. CV-2005-005-2, and directed the giving of this notice to class members:

IF YOU SETTLED A PERSONAL INJURY OR WRONGFUL DEATH CLAIM WITH UNION PACIFIC FROM 1992 TO FEBRUARY 14, 2005, AND YOU WERE AN UNREPRESENTED, NON-RAILROAD EMPLOYEE AND A CITIZEN OF ARKANSAS, YOU ARE A CLASS MEMBER.

Notice is hereby given as follows:

1. Plaintiffs allege that Defendants, including Union Pacific Railroad, engaged in the unauthorized practice of law and violated the Arkansas Deceptive Trade Practices Act (“ADTPA”) by establishing a uniform policy and practice of settling claims against UP by selecting, preparing, filling-in, and interpreting legal documents for an providing legal advice to third-party claims adversaries in the State of Arkansas.

2. Defendants, including Union Pacific Railroad, deny the Plaintiffs’ allegations and deny that they engaged in the unauthorized practice of law or violated the ADTPA.

3. On January 11, 2007, the Court denied the Defendants’ Motion to Dismiss, in which Defendants argued that Plaintiffs failed to state a claim. Plaintiffs amended their Complaint to add an additional class representative and moved for certification of this lawsuit as a class action on June 1, 2007. Defendants filed their Memorandum in Opposition to the Motion for Class Certification on July 2, 2007.

4. On April 11, 2008, the Court entered Findings of Fact and Conclusions of Law on Plaintiffs’ Motion for Class Certification, which certified a class comprised of all unrepresented, non-railroad-employee citizens of Arkansas who settled personal injury or wrongful death claims with Union Pacific from 1992 to February 14, 2005.

5. If you fall within the proposed class, you will be considered a member of the proposed class represented by the Plaintiffs and class counsel unless you request to be excluded. Members of this class will receive the benefit of a favorable decision and will be bound by an adverse decision. If the Plaintiffs obtain the relief they seek, it could result in monies being refunded and/or an award of damages in favor of all class members.

6. If you wish to remain a member of the class, YOU NEED NOT DO ANYTHING AT THIS TIME. If you wish to be excluded from the class, you must specifically request exclusion in a writing mailed to the Lafayette County Circuit Clerk, #3 Courthouse Square, Lewisville, AR 71845. Your request for exclusion should reference this case and simply state that you wish to be excluded from the class. Your written request for exclusion must be postmarked no later than November 29, 2008 (“Opt-out Deadline”). Persons who request exclusion will not be entitled to share in the benefits of the judgment if it is favorable to the Plaintiffs. The final judgment entered in this case will include all members of the class who do not request exclusion.

7. If you do not request exclusion, you may, if you desire, enter an appearance in person or through counsel of you own choosing. If you do not request exclusion and you do not enter an appearance through counsel of your own choosing, the attorneys named below, representing the Plaintiffs and the class, will also represent your interest in this case. You will not be charged for class counsel services. Instead, class counsel will apply to the Court for payment of their reasonable attorneys’ fees and costs to be paid by Union Pacific Railroad, or paid out of any funds recovered before distribution of the net proceeds to the class. You have the right to hire your own attorney. If you hire your own attorney, you will be responsible for paying that attorney’s fees and costs. You also have the right to seek to intervene and appear in this action, with the Court’s permission.

8. The names and addresses of the principal attorneys representing the Plaintiffs and the class are Phillip J. Duncan, Duncan Firm, P.A, Three Financial Centre, 900 S. Shackleford Road, Suite 725, Little Rock, Arkansas 72211 (877) 638-6226; Thomas C. Jones, Davis, Bethune & Jones, 1100 Main Street, Suite 2930, Kansas City, Missouri 64196 (800) 875-5972; Michael L. Roberts, Roberts Law Firm, P.A., P.O. Box 241790, 20 Rahling Circle, Little Rock, AR 72223 (501) 821-5575; Nelson V. Shaw, 2005 Moores Lane, Texarkana, TX 75503; and Danny Cook, Cook’s Law Office, P.C., 901 N. State Line Ave., Texarkana, TX 75501. IF YOU HAVE ANY QUESTIONS CONCERNING THIS CASE, PLEASE CONTACT THE ABOVE-NAMED ATTORNEYS. DO NOT CALL OR WRITE THE COURT, EXCEPT TO EXCLUDE YOURSELF FROM THIS CLASS.

Honorable Jim Hudson

Lafayette County Circuit Judge