Class Actions

Defending a putative class action in Wisconsin alleging overbilling of charges for providing medical records.

Securing the dismissal of a national class action lawsuit filed in Maine against a boiler manufacturer. Our attorneys successfully attacked the class warranty and tort claims at the pleading stage.

Defending a class action in Philadelphia on out-of-warranty frame repairs for a major trucking manufacturer.

Defending a class action in Georgia for an internet service provider regarding deep packet inspection.

Securing a ruling denying class certification in a case against a leading medical device manufacturer. The Louisiana court denied class certification on the basis of lack of typicality and other factors after extensive briefing and an evidentiary hearing. 

Denial of certification of a plaintiff class in a credit-insurance case. The plaintiffs did not prove, among other things, uniformity of reliance on allegedly fraudulent representations, and were barred from class treatment by the need to determine whether individual class members entered respective transactions under mistaken view of the facts.

Avoiding class certification in an action based on fraud, contract and supervision claims. The plaintiffs did not establish uniformity in alleged oral and written representations, in class members’ reliance thereon or in training/supervision of defendant’s agents.

Defending against class certification of claims where they were barred by settlement in a previous class suit in a foreign jurisdiction.

Defending a case in which the plaintiffs’ claims were barred under double-recovery proscription and res judicata effect of previous class settlement.

Securing a ruling that objectors to class settlement did not have standing and were not allowed to intervene.

Securing a ruling barring discovery on behalf of putative statewide class because statutory cause of action was limited to the county of mortgage recording.

Vacating certification of a nationwide plaintiff class. Class treatment was barred by choice-of-law principles and inability of private plaintiffs to maintain deceptive-trade class claim in Alabama.

Vacating certification of a plaintiff class. Appellate decision found the circuit court erred by certifying the class on the day the complaint was filed without a hearing or responsive pleading from defendant.

Reversing certification of the statewide class of automobile lessors in an action against a financing company in connection with rental tax that lessors were required to pay.

Reversing certification of a plaintiff class as the circuit court failed to identify how each element of class action rule is satisfied, thus failing to make minimally acceptable analysis.

Vacating the certification of plaintiff classes as the circuit court failed to explain how the requisites of class action rule were satisfied and improperly presumed that plaintiffs had met their burden under that rule.

Serving as lead counsel for several oil companies in a nationwide class action set in the Middle District of Alabama involving underground contamination.

Serving as national counsel for class action litigation pending in Mississippi, Pennsylvania and Texas involving alleged contamination in the wood-treating industry.

Serving as lead counsel for a major fertilizer manufacturer in a class action pending in Florida in which underground contamination from fertilizer manufacture was alleged.

Serving as lead trial counsel for a chemical manufacturer in New Jersey. The class alleged contamination of drinking water from groundwater discharges from a chemical manufacturing plant.

Serving as lead counsel in class action cases involving dioxin contamination from more than one manufacturer in the paper industry in Alabama and Mississippi.

Serving as lead counsel in class action cases consolidated into an MDL proceeding in Missouri.

Representing a domestic automaker in a nationwide class action based on allegedly misleading window stickers. The plaintiffs’ request for class certification was defeated at both the trial and appellate levels, and summary judgment was obtained on the plaintiffs’ individual claims.