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Class Actions

Who We Are and What We Do

We handle every aspect of class action litigation. We have defended well over 100 cases on behalf of major manufacturers, consumer products companies, insurance companies, airlines, collegiate sports associations, real estate developers, and financial services firms in more than 30 states. In short, for our clients, we go where the trouble is.

Class actions are often fought over procedural matters. We have won dismissals and defeated class certification motions in many of these class actions. We also have successfully litigated other key pre-trial issues.  

While we aim to win early dismissals of class actions, we stand ready to go to trial and have tried class action matters, as well. When appropriate and desirable to our clients, we fashion creative settlements that advance their business interests. The settlement process is enhanced by our reputation for and ability to take cases to trial.

Our Lawyers

We have deep experience in class action litigation. We have watched class actions evolve from an infrequent litigation technique to a pervasive mechanism that has exponentially increased the stakes of disputes. We have been part of that evolution, one that has produced significant changes in both federal and state court procedures. Staying on top of those developments and turning them to the advantage of our clients is one of our signature strengths.

But we’re more than master procedural tacticians. We’re also trial lawyers who, from the beginning of a matter, prepare with an eye toward presenting our case to a jury. Our remarkable bench strength includes eight former prosecutors. Collectively, our partners have tried more than 200 cases to verdict. From the start of every matter, we prepare to go to trial.

Our Approach and Results

We work for and with our clients. At the beginning of each matter, we establish the outcomes our clients seek, their tolerance for risk, and the costs they can handle. We offer a wide variety of billing arrangements, including hourly fees and many varieties of alternative fee structures. We believe in designing litigation budgets and strive to meet them. We make every effort not to surprise our clients. In every matter, we emphasize efficiency and effectiveness.

We want to help our clients avoid getting sued. We work with our clients across industry sectors—from manufacturing, consumer products, sports associations, and technology companies to major insurers—to assess their exposure to liability and recommend solutions. When claims are filed, we provide our clients with an early and realistic assessment of their legal risk and exposure, and how the matter might impact their broader business goals and conditions. We work with our clients to develop a strategy and path forward that best meets their needs and objectives.

We seek to narrow claims, limit the burdens and intrusions of the discovery process, and defeat the certification of the class itself. But even as we seek pre-trial dismissals, we prepare to try our cases. Our focus on being trial-ready often pays a dividend. As we master the facts of a case, we may discover serious flaws in the allegations, which enable us to win an early resolution on the merits.

Delivering Value

We deliver value to our clients and align our pricing mechanism with our clients’ business needs and expectations. Our partners become fully invested in each matter because effective advocacy is a hands-on venture and we believe that lean litigation teams can deliver great results in a much more cost-effective way.

Representative Engagements

Our lawyers have participated in the following matters:

  • Defended a national insurance company against class actions in a dozen states challenging methods of adjusting property damage claims.
  • Won summary judgments for a Fortune 100 Company in nine class actions. All that were challenged on appeal have been upheld.
  • Successfully settled, at low cost, nationwide class action alleging false advertising against consumer products company.
  • Accomplished striking of class allegations in a nationwide class action challenging insurer’s underwriting practices.
  • Successfully defended United Airlines in a dozen putative consumer class actions, involving a wide range of issues, from the way United calculates frequent flier miles, to its ability to make changes to its frequent flier program, to its baggage handling practices, and asserting a variety of claims including breach of contract, consumer fraud, violation of the Sherman Antitrust Act, and RICO.  In each case, the asserted claims were dismissed either at the pleading stage or on summary judgment following limited discovery. 
  • Successfully negotiated a class settlement and resolved a series of wrongful death actions related to allegations of contamination from a manufacturing plant.
  • Successfully achieved an early settlement of a nationwide consumer class action alleging damage caused by a cosmetic product, providing relief to customers and preserving the reputation of the brand.