CLASS ACTION LITIGATION: DESCRIPTION

Class action litigation can cause economic havoc for any business.  Class actions often shift the focus from the merits of the claim to the value of the amalgamated damages plus a hefty fee for plaintiffs’ counsel.  We work with companies to develop strategies to avoid this punitive effect.  In defending class actions, we make every effort to defeat claims before a class is certified or, if appropriate, to defeat class certification.

Every matter is unique and requires a strategy based upon its own peculiar facts and circumstances.  We employ early strategic thinking designed to determine the best path for each case.  The firm’s breadth of experience in class action litigation spanning the firm’s practice areas allows our attorneys to evaluate the relative benefits among the wide variety of options, including proceeding as a class, opposing class certification, obtaining dispositive rulings before motions for class certification are filed, seeking alternative litigation coordination techniques to leverage favorable rulings in multiple cases and avoid duplicative discovery, negotiating class action settlements to avoid litigation risks and costs, or trying cases to conclusion.

Class Action Services Offered

We serve as national counsel, coordinating counsel, and trial counsel in a wide array of class action litigation in state and federal courts throughout the United States.  We regularly handle class actions in various substantive areas, including employment, securities, antitrust, product liability, environmental and occupational exposure, and business practices.  Select representations in class action matters appear below.

Representative Class Action Cases:

• Defeated motion for class certification in a putative class action alleging claims of untrue or misleading representations that the company acted as a "credit repair organization" under the Credit Repair Organization Act (CROA).
• Obtained dismissal of putative consumer class action in Miami against an internet service provider arising out of a rebate offer.
• Obtained dismissal on the merits prior to class certification in a putative nationwide class action against pharmaceutical manufacturer alleging that sale of drugs without premarketing approval by the Food and Drug Administration violated federal and state RICO statutes.
• Defeated motion for class certification in action alleging worker and visitor over-exposure to silica during the digging of the tunnels at Yucca Mountain, Nevada, the nation’s proposed spent nuclear fuel repository.
• Defeated class certification in a case alleging personal injury and property damage arising out of alleged groundwater contamination and seeking damages for personal injuries, property devaluation and medical monitoring.
• Served as national coordinating counsel for two premier pharmaceutical companies.  In this role, our attorneys coordinated and managed the defense of more than 7,000 class action and individual lawsuits in state and federal courts, including cases consolidated in a federal MDL.
• Obtained an unanimous defense verdict after a ten day jury trial for a major retailer in a class action in which store managers alleged entitlement to overtime wages under the Fair Labor Standards Act. 
• Successfully defended a gaming industry client in a class action wage and hour lawsuit filed in the Superior Court of California, County of Los Angeles, by food and beverage employees claiming their employer failed to provide overtime wages and adequate meal and rest periods.
• Obtained dismissal on the merits before class certification of a putative nationwide class action asserting federal RICO claims against automobile manufacturer, alleging misrepresentations regarding engine horsepower in certain models.
• Successfully defended putative national and international class action asserting federal antitrust violations and state tort claims against developer of genetically modified corn and soybean seeds, alleging price-fixing, nuisance, negligence and trespass.  Obtained summary judgment on the tort claims prior to decision on class certification and defeated class certification on the antitrust claims.
• Obtained dismissal of putative multi-state class action asserting federal RICO violations and antitrust claims, alleging that home health operator and manager conspired with a hospital chain to monopolize the home health industry in certain states.  The court dismissed the RICO claims and plaintiff dismissed its remaining claims after our client filed its opposition to the motion for class certification.
• Obtained order striking class allegations in a complaint alleging a nationwide class on behalf of merchants asserting excessive and unauthorized charges for Y2K compliance fees against credit card processing company.  Case subsequently dismissed voluntarily.
• Successfully settled (for nominal sum) a certified class action seeking medical monitoring for a class claiming risk of injury from alleged exposure to contaminated groundwater.
• Obtained summary judgment on behalf of City of Atlanta in putative class action filed by employees seeking to block privatization of the city’s water department, enabling the city to proceed with $400 million privatization contract.
• Successfully defended underwriters in securities class action arising from a $50 million secondary offering.
• Obtained dismissal of $100 million class action against securities firm arising from failed IPO.
• Obtained dismissal prior to class certification of putative nationwide class action claiming consumer fraud and breach of warranty with respect to sale of a hormone replacement therapy.
• Obtained dismissal of claims in federal and state putative class actions challenging pricing practices at not-for-profit hospitals, including cases filed as part of an orchestrated multi-state effort and copy cat cases.
• Defeated class certification in a putative nationwide class action asserting violations of securities laws against a telecommunications company, alleging false public statements regarding the company’s financial performance.
• Obtained dismissal prior to class certification in putative nationwide class action against management and an outside director asserting violations of securities laws and alleging financial fraud in connection with a new product line being brought to market.
• Defeated class certification in putative nationwide class action asserting monopolization in violation of federal antitrust laws, alleging defendants conspired to monopolize the cottonseed market.  Case then voluntarily dismissed.
• Defeated class certification in a putative nationwide class action asserting violations of the federal Fair Debt Collection Practices Act.  Plaintiffs then voluntarily dismissed the claims.
• Obtained dismissal prior to class certification of putative class action filed by customers of an internet service provider alleging that a rebate offer violated California’s Consumer Legal Remedies Act and Unfair Competition Law (17200).

Industries We Serve Include:

• Aerospace and Defense
• Biotechnology
• Chemical
• Construction and Engineering
• Financial Services
• Health Care
• Manufacturing
• Non Profits and Trade Associations
• Pharmaceutical
• Technology
• Telecommunications
• Transportation
• Intellectual Property

Related Practice Areas Include:

• Antitrust
• Products Liability
• Toxic Torts
• Mass Torts
• Employment & Labor
• Securities