We have substantial experience defending corporations in complex, national class actions. We believe that our proven experience in defending nationwide class action cases and significant trial experience in complex commercial cases adds to our strategic approach in representing our corporate clients. Our experience includes:
Defended client in this class action lawsuit brought on behalf of its subscribers. The plaintiffs claimed over $400 million that our client had previously recovered from the tobacco industry. The claims of the individual plaintiffs were dismissed, and the claims of the plaintiff fully insured groups were then settled for $41 million (which included $30 million already designated for payment to the groups by the Minnesota Commerce Department). The Court reduced plaintiffs' request for lawyers fees by $1.5 million following our client's objection.
Defended national equipment leasing company in numerous lawsuits filed in state and federal court alleging fraud. Initially removed state court cases to federal court jurisdiction as a result of the pending bankruptcy of equipment supplier, and then acted as lead counsel in moving the Judicial Panel to transfer and consolidate all cases to an MDL proceeding in Tampa, Florida. The bankruptcy and MDL proceeding led to a global settlement.
Defended an antitrust lawsuit against Minneapolis Association of REALTORS®, securing a defense verdict following nine-week trial.
Obtained voluntary dismissal of two class action lawsuits brought against casualty insurance carrier in Madison County, Illinois arising from medical reimbursement paid under policies.
Defended health insurer in ERISA class action lawsuit alleging breach of fiduciary duty to self-insured plans. Obtained dismissal of the vast majority of plaintiffs' claims which were outside the statute of limitations period and for which plaintiffs did not have standing, which led to voluntary dismissal of the few remaining claims.
Represented employer in a nationwide class action case filed in federal court for the Eastern District of Kentucky. Plaintiff alleged breach of contract; violations of the Ohio and Kentucky Deceptive Business Trade Practices Act; and violations of the Ohio and Kentucky Consumer Protection Act. In September 2007, the Court granted a Rule 12(b)(6) motion dismissing the case.
Represented large corporation in class action venued in Texas. Certification was denied on the nationwide class action claim alleging fraud in connection with product leases, which denial order was reversed on grounds that the Court lacked jurisdiction; obtained settlement subsequent to the appellate decision.
Defended national insurance carrier in class action filed in federal district court in Florida arising from alleged substitution of non-OEM parts in automobile repair. Argued against class certification in district court and helped formulate McCarran Act argument that eventually led to the dismissal of the class action.
Represented large corporation in a matter that involved class-wide false advertising claims which were dismissed after the class representative deposition was completed.
Represented national retailer in nationwide consumer class action alleging breach of contract and unlawful merchandising practices. Defeated class certification, and obtained summary judgment on behalf of corporation; subsequently obtained affirmance of both rulings from the Missouri Court of Appeals.
Obtained decertification order from Texas Supreme Court on behalf of large corporation in a statewide consumer class action alleging breach of contract and unjust enrichment.
Obtained dismissal on the pleadings of nationwide class action alleging breach of contract; violations of the Ohio & Kentucky Deceptive Business Trade Practices Act; and violations of the Ohio & Kentucky Consumer Protection Act. The dismissal order is pending before the Sixth Circuit Court of Appeals.
Obtained dismissal on the pleadings of a nationwide class action alleging claims of fraud and rescission and restitution.
Defending a client against claims of violations of California consumer protection laws, including Unfair Competition Law (UCL) and California Legal Remedies Act (CLRA), and various common law claims based on alleged charges associated with redeeming rewards on credit cards.
Represented manufacturer in a purported class action alleging consumer fraud in connection with the sale of product without certain technological features.
Represented manufacturer in defense of class action claim asserting RICO and state law claims based on alleged deceptive marketing and advertising campaigns. Obtained dismissal of claims under 12(b)(6). Ninth circuit affirmed that dismissal.
Defended national casualty insurers in class actions brought in more than 15 jurisdictions that alleged violations of state and federal law in connection with workers compensation pricing. Obtained dismissal of fraudulent concealment allegations in several of these cases, so as to greatly reduce exposure. Argued motion to dismiss RICO class action lawsuit brought against workers compensation insurers in the Southern District of Florida (Miami Division), which resulted in dismissal of all RICO claims with prejudice. After dismissal of Florida case, helped negotiate a global settlement of all pending cases.
Represented large corporation in a Section 10(b) / Rule 10b-5 securities class action; obtained summary dismissal. The plaintiffs alleged that the company failed to disclose the problems it was encountering in the integration of an acquired company.
Represented a large company involved in the marketing of office equipment in a Section 10(b) / Rule 10b-5 securities class action; obtained summary dismissal. The case was settled while on appeal. The plaintiffs alleged that the company failed to make a timely disclosure of the difficulties it was having in integrating the operations of an acquired business unit.
Represented the auditors of a large financial corporation in a securities class action; obtained summary dismissal and sanctions against the plaintiffs' lawyers (they paid a large portion of the fees incurred by our client). The plaintiffs attempted to assert state common law claims, but company removed the case to federal court under SLUSA and demonstrated that the claims were really federal securities law claims and should be dismissed.
Represented large retail corporation in a Section 10(b) / Rule 10b-5 securities class action; obtained summary dismissal. The plaintiffs alleged that the company failed to disclose deficiencies in its inventory control system.
Represented the auditors of a large software corporation in a Section 10(b) and Rule 10b-5 class action. The case was dismissed during trial after a motion that the plaintiffs had failed to prove loss causation. Although the 8th Circuit Court of Appeals reversed (and the case subsequently settled), the grounds for the motion were recently affirmed by the Supreme Court in its most recent decision on loss causation.
Obtained settlement prior to trial in a Section 10(b) / Rule 10b-5 securities class action on behalf of the auditors of a bio-tech company. The principals of this company were convicted at a later criminal trial of perpetuating a fraud with the help of their non-US customers.
Represented the auditor of a mutual fund in a Section 10(b) and Rule 10b-5 securities class action that was dismissed on the pleadings. The dismissal was reversed after appeal, and the case settled before trial. The plaintiffs claimed that the auditors failed to disclose, through their audit opinion, facts that would have revealed the highly risky nature of the mutual fund's derivative strategy.