Class Actions, Mass Torts & Multidistrict Litigation

Consumer Products & Product Liability

• Successfully defeated mass arbitration filed and threatened to be filed by over 100 individual claimants in California over e-commerce website’s terms of use, resulting in voluntary dismissal of claims.
• Obtained voluntary dismissal of class action lawsuit filed in federal court on the basis of lack of standing by the named plaintiff in action alleging consumer false advertising, unfair competition, violation of the California Consumer Legal Remedies Act and breach of warranty and fraud claims in connection with our client’s advertising of its consumable products.
• Defended an international manufacturer in a nationwide class action alleging a defect in clothes dryer drums; we successfully narrowed the claims and challenged the plaintiffs’ ability to secure class certification, leading to a favorable resolution.
• Defended plumbing manufacturers in a billion-dollar nationwide class action alleging negligence and breach of duties relating to products installed in millions of homes and commercial buildings, achieving striking of class allegations and the quick subsequent resolution of the matter.
• Defended nationwide and state class action claims based on alleged building product defects and breach of warranty; we overcame class allegations and resolved claims on an individual basis.
• Defended a power tool manufacturer against claims alleging false advertising of a jigsaw, defeating the class certification motion.
• Defended a consumer product manufacturer from a class claim alleging consumer deception involving a warranty for a personal care product, prevailing on summary judgment.
• Defended a domestic automobile manufacturer in cases consolidated with national multidistrict litigation class action relating to tire tread separation.
• Represented a large petroleum products company in consumer class actions challenging fuel temperature and pricing.
• Represented various members of the manufactured housing industry in putative class actions regarding fireworthiness.
• Provided multistate representation of a target defendant in the $282 million damage phase of consumer class action-based litigation involving a water heater component.
• Defended a domestic automobile manufacturer in a national class action seeking economic damages due to an alleged defect in its vehicles.
• Represented an international manufacturer of notebook computers in a nationwide consumer class action.
• Defended a manufacturer of wood-plastic composite decking products in a proposed nationwide class action involving over 20,000 decks, resulting in denial of class certification.
• Represented a large pharmaceutical company in multiple consumer and third-party payer class actions under state consumer laws challenging the marketing of a hormone drug, achieving favorable settlements and dismissals.
• Defended a packaged food manufacturer in a putative class action alleging unfair consumer practices related to trans fats.
• Defeated a putative class action against a consumer care products manufacturer involving alleged injuries from dust mite powder and spray.
• Represented a national tire retailer in a consumer class action regarding undisclosed “shop fees” in advertising.
• Defended manufacturer of contact lens solution in a nationwide class action alleging defects in the manufacturing of the contact solution which resulted in the contraction of acanthamoeba keratitis, including successfully narrowing the claims and defending the allegations and damages, resulting in favorable resolution.
• Defended designer and manufacturer of hip replacement devices in both multi-state and nationwide class action claims related to allegations of chronic pain, tissue damage, metallosis or the need for revision surgery, successfully defeating class action claims and narrowing the injuries and damages asserted, which resulted in favorable resolution of the claims.
• Defended manufacturer of homeopathic infant teething tablets in statewide class action claims, including claims of children suffering from seizures, breathing problems, lethargy and wrongful death from alleged belladonna poisoning; defeated class certification and achieved favorable resolution for the client.
• Defended manufacturer of vaginal mesh against claims of defects in warnings, manufacture and unfair business practices, defeating class certification resulting in favorable resolution for the client.

Environmental Contamination & Toxic Torts

• Defended the world’s second-largest coatings manufacturer in a New Jersey class action involving 38,000 residents seeking medical monitoring and property damages due to alleged hexavalent chrome contamination.
• Defended the world’s largest coatings manufacturer against claims of personal injury and property value diminution from alleged solvent exposure in Kentucky.
• Resolved class actions involving emissions from gasoline releases, chemical fires, and large-scale environmental incidents, including property damage and personal injury claims.
• Defended manufacturer of perchloroethylene in class action claims asserting allegations of insufficient warnings and ground water contamination, successfully defeating class certification and obtaining summary judgment.
• Represented a specialty chemicals company in environmental property damage class actions involving medical monitoring.
• Defeated class certification for multiple chemical suppliers in actions brought by former employees seeking medical monitoring for exposure to hazardous substances.
• Defended a coatings manufacturer in a state law breach of warranty class action.
• Defended the world’s largest welding rod consumer in a class action alleging injury due to exposures to manganese in welding fumes.
• Represented the defendant in a fish kill case involving federal, state, and class action claims seeking civil damages and penalties exceeding $50 million and federal criminal prosecution under the Clean Water Act.
• Defended a class action lawsuit brought against an underground pipeline company for a 250,000-barrel spill at a terminal facility that resulted in a fire and neighborhood evacuation.
• Achieved the reduction in size and scope of class and eventual settlement of property damage claims arising from off-site migration of chlorinated hydrocarbon 25 miles downstream.
• Defended putative class action claims alleging injury due to exposure to diisocyanates.
• Defended a grinder manufacturer in a class action alleging exposure to silica.
• Defended a thermoplastic compound manufacturer from class action claims alleging exposure to isocyanates.

Financial Services & Other Industries

• Defended one of the country’s largest banks in class and individual actions by bondholders, defeating class certification and achieving favorable settlements.
• Secured dismissal or summary judgment in class actions against national banks related to billing, late fees, and mortgage assignment practices.
• Enforced arbitration agreements with class action waivers to obtain dismissal of class actions.
• Defended a major package delivery company against a putative class action by small businesses, defeating class certification and resolving claims with minimal settlements.
• Represented several major energy companies in multidistrict litigation against the four largest Class I railroads, alleging that they illegally conspired to use rail fuel surcharges as a mechanism to fix, raise, maintain, and stabilize prices of rail freight transportation services sold in the U.S.
• Achieved a favorable settlement for a defense and intelligence services provider in an antitrust class action alleging an unlawful no-poach agreement between and among defense intelligence contractors.
• Represented a specialty chemicals manufacturer in an antitrust price-fixing class action and follow-on litigation commenced under the False Claims Act.
• Obtained pre-certification dismissal of a California Consumer Legal Remedies Act class action against a charity for alleged false advertising.