Orin Kurtz
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Mr. Kurtz graduated magna cum laude from New York Law School in 2004 , and was the student commencement speaker at graduation . During law school, he served as an Executive Articles Editor on the New York Law School Law Review and interned for the Honorable Harold Baer, Jr. (S.D.N.Y.) and the Honorable Helen E. Freedman (N.Y. Sup. Ct. Com. Div.). Mr. Kurtz obtained a bachelor's degree in Jazz Studies from the State University of New York at New Paltz in 1998. He is admitted to the bar of the State of New York, the United States District Court for the Southern District of New York, and the United States Court of Appeals for the Second Circuit
Mr. Kurtz concentrates his practice in securities and consumer class actions. He has represented consumers in a wide range of issues. Mr. Kurtz is currently litigating against BMW of North America, LLC, Bridgestone Corporation, and Bridgestone Americas Tire Operations, LLC, on behalf of purchasers of BMW vehicles that were equipped with Bridgestone run-flat tires. Run-flat tires permit a car to be driven after a loss of air. Unfortunately, the run-flat tires that come on various BMW brand vehicles have severe problems: consumers report suffering many flat tires in a short period of time, among other things. Run-flat tires cannot be repaired, and they cost approximately $400 each, causing consumers to spend thousands of dollars on tires in some instances. Many consumers were unaware that their BMW vehicles even had run-flat tires on them when they leased or purchased the vehicles. Mr. Kurtz is litigating a similar action, against BMW of North America and Goodyear, arising out of the placement of Goodyear run-flat tires on Mini brand vehicles.
Mr. Kurtz has also brought a class action on behalf of recipients of private consolidation loans from Education Finance Partners, which were serviced by Affiliated Computer Services, Inc. The complaint alleges that these defendants tacked a hidden penalty onto many students' loans which, if continued, may prevent recipients of loans from these companies from paying off their student loans.
In securities, Mr. Kurtz was part of the team representing the Chicago Transit Authority Retirement Fund in a securities fraud class action against Bradley Pharmaceuticals, Inc. and several Bradley Pharmaceuticals' executives, arising out of improper revenue recognition. The case settled for $3.5 million.
Mr. Kurtz has spoken about securities class actions at the New York County Lawyers Association, speaks frequently to student audiences at New York Law School, and is a participant in the New York Law School Alumni Mentor Program. He is a member of the Federal Bar Council and the American Association for Justice.
Significant Decisions:
Marcus v. BMW of North America, et al, No. 08-cv-5859 (KSH)(PS) (December 18, 2009) (denying defendants' motions to dismiss and strike class action allegations)
Fensterstock v. Education Finance Partners, No. 09-1562-cv, 2010 U.S. App. LEXIS 14172 (July 12, 2010) (affirming denial of defendant's motion to compel arbitration)
Fensterstock v. Education Finance Partners, 618 F. Supp. 2d 276 (S.D.N.Y. 2009) (denying defendants' motion to compel arbitration)
In re Bradley Pharmaceuticals, Inc., 421 F. Supp. 2d 822 (D.N.J. 2006) (denying defendants' motion to dismiss)
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