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Class Action Litigation

Choosing a law firm to represent you in defending a nationwide class action is a decision of major import. Our attorneys have been particularly active in the defense of corporations sued in class actions, as well as in attempting to reform the law to prevent class action abuses. The clear advantage — having attorneys who are national leaders in the area of class actions.

During the last decade, few companies escaped the great proliferation of nationwide class actions. These broad-reaching class actions are no longer confined to securities and antitrust litigation, but are brought in the areas of consumer rights, mass torts, product liability, health care, ERISA, insurance, banking and employment disputes, and have affected virtually every product sold and service provided in the United States.

No longer confined to the federal courts, as federal law developed strict application of Rule 23 requirements to prevent class action abuses, cases were brought with increasing frequency in state courts perceived as friendly to plaintiffs’ causes. While the Class Action Fairness Act of 2005 gave defendants a valuable tool to return these cases to federal court, others still remain in state courts. Our attorneys defend class actions in state and federal court for some of the country’s largest companies and take pride in the excellent results achieved.

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Representative Matters

  • Representation of a consumer lender in a class action challenging the reasonableness of rates for credit insurance made available for consumer loans.
  • Representation of a national retailer in a class action challenging disclosures regarding an automobile buying plan.
  • Representation of a public company and its directors in class actions challenging the fairness of the purchase price of shares in connection with a sale of the company.
  • Representation of a number of underwriters in a multi-district securities class action arising out of an internet telephone provider’s initial public offering.
  • Representation of eighteen underwriters in a securities class action arising out of a pharmaceutical company’s multi-billion dollar public offering before the results of a drug trial were unblinded.
  • Representation of a major financial institution obtaining the dismissal of a putative class action arising out of the loss by the financial institution of personal account information of approximately four million customers. The court enforced a contractual provision agreeing to arbitration and waiving the customers’ rights to pursue class action claims.
  • Representation of a leading multi-national pharmaceutical and consumer products company in a class action claiming consumer fraud arising out of health claims made regarding a leading food product.
  • Obtaining summary judgment for a major electronics manufacturer in a class action claim arising out of an alleged consumer fraud action involving HDTVs.
  • Representation of the manufacturer of a popular handheld communications device in a class action claiming misrepresentation of the functionality of the device.
  • Representation of a leading retail chain in a class action alleging invasion of privacy by requesting disclosure of consumers’ zip codes in connection with credit card transactions.
  • Obtaining summary judgment for a major financial institution in putative class action claims alleging that it violated consumer protection laws by requiring its equipment leasing customers to return equipment for distances exceeding 1,000 miles.
  • Representation of a telecommunications provider in connection with a class action claiming participation in consumer fraud by a bankrupt bulk purchaser and reseller of services.
  • Representation of one of the largest and most prestigious health care providers in New York gaining a significant victory in one of a group of class actions against not-for-profit hospitals in federal and state courts throughout the country regarding the charging and collection practices of hospitals with respect to uninsureds.
  • Representation of a publicly traded retail real estate company in class actions alleging consumer fraud, breach of contract and other claims regarding administrative fees charged in connection with retail gift cards.
  • Representation of a major fast food retailer in a class action alleging consumer fraud and other statutory violations arising out of its retail gift card.
  • Representation of a leading multi-national pharmaceutical company obtaining the dismissal of a securities class action alleging fraud in connection with failure to disclose whistleblower litigation involving plant conditions and the possible impact of these conditions on a rare blood disease.
  • Representation of a major conference call services provider in a consumer fraud class action claiming misrepresentation in connection with its billing practices.
  • Representation of a financial management and advisory company in a class action alleging fraud under the securities laws in connection with the marketing and sale of “B Class” mutual shares. The action alleged B Class shares are not a proper investment vehicle for mutual fund purchasers who invest $100,000 or more in mutual funds.
  • Representation of a major Wall Street investment bank in dismissing securities fraud and related putative class claims, valued at over $100 million, by investors in commercial real estate partnerships.
  • Representation of a multi-national pharmaceutical company, as national counsel, in a class action alleging strict liability and fraudulent concealment in connection with the failure to disclose an ingredient in a cold medicine.
  • Representation of a major computer manufacturer in a national class action alleging breach of express and implied warranties and fraudulent concealment in connection with the sale of an allegedly defective computer.
  • Representation of a major New York bank, as lead defense counsel, in an antitrust and civil RICO class action alleging a conspiracy among lenders to fix the prime rate, obtaining dismissal of the action.
  • Representation of a leading home mortgage lender in a class action alleging breach of contract and consumer fraud in connection with the charging of payoff statement fees. The action was dismissed and the dismissal was affirmed on appeal; Representation of that same home mortgage lender in a class action alleging consumer fraud in connection with certain disclosures on its billing statements.
  • Representation of defendant class members, in a case with national implications for defendant class actions, who have dissented from the lead defendant’s settlement of a fraudulent conveyance claim against all shareholders who received shares in a subsidiary spun off from a now insolvent parent company.
  • Representation of a state turnpike authority in a class action alleging securities fraud in connection with its redemption of a large bond offering.
  • Representation of a major web hosting company sued in a nationwide class action alleging violations of the Telephone Consumer Protection Act’s anti-junk fax provisions in connection with the transmission of 100,000 fax advertisements. Class certification was denied and the court’s determination was upheld through appeals to the Supreme Court of New Jersey.
  • Representation of a major pharmaceutical benefits provider in obtaining summary judgment in a nationwide class action brought on behalf of 50 million consumers alleging that its benefit plans violate ERISA.
  • Representation of independent board members of a public chemical company in a class action and derivative action alleging breach of fiduciary duty in connection with a going private transaction.

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