Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

State and federal class action suits have become more prevalent over the past decade. They increase the potential exposure of every business that places products in the stream of commerce or offers services to the public. Every employer, public or private, also faces increased exposure from class action suits by employees complaining of allegedly unlawful employment policies and practices.

Baker Donelson's trial lawyers have an enviable record of success in defending class action suits affecting a wide variety of industries. They know the defensive strategies for dealing with initial class certification and discovery related to class issues. If class certification is granted, they have the experience and the resources for effective class action management. Our attorneys have served as primary class counsel in national, regional and statewide class action suits and have worked effectively with out-of-state coordinating counsel in class action litigation.

Representative Matters

• Successfully defended Nashville-based insurance agency and its affiliates in class action alleging improper rate adjustments on policy terminations. The opposing party's administrative costs of the settlement exceeded the amount of funds that went to the class and their counsel.
• Represented captive automobile finance company in statewide class action alleging violation of Tennessee Consumer Protection Act and obtained a dismissal that was upheld by the Tennessee Court of Appeals.
• Achieved summary judgment of class action suit brought against automobile finance company for alleged deceptive trade practices.
• Obtained dismissal of statewide New Mexico class action alleging deceptive trade practices in automobile financing.
• Achieved dismissal of nationwide automobile financing class actions in the United States District Court for the Western District of Arkansas involving consumer protection claims, civil RICO and federal antitrust claims.
• Obtained summary judgment on behalf of major automobile insurer in class action involving claims for diminished value.
• Represented commercial bank in statewide class action regarding consumer protection claims relating to private label credit card sales.
• Obtained denial of class certification on behalf of Tennessee automobile dealer in regard to claims alleging consumer fraud and the unauthorized practice of law.
• Obtained summary judgment on behalf of claimants to $200 million in publicly-traded stock held by retirement plan.
• Successfully defended nine Tennessee telephone cooperatives in class action case regarding maintenance agreements.
• Represented manufacturer of plastic vent pipe in nationwide products liability class action.
• Obtained dismissal via interlocutory appeal from the Tennessee Court of Appeals of a nationwide class action filed by union against tobacco company for health benefits allegedly paid by union for smoking related illnesses.
• Represented defendant in a nationwide securities fraud class action involving common law claims. Class certified and many claims dismissed on motion for summary judgment.
• Defended major insurance company and settled in consumer Tennessee class action case over loss of use claims under uninsured motorist property damage policy.
• Representation of major life and health insurer in nationwide class action alleging consumer fraud in United Sates District Court, Middle District Tennessee. Settled.
• Obtained summary judgment on behalf of major insurance company in consumer class action regarding insurance coverage issues.
• Defended major chemical manufacturer in class action brought on behalf of 5,000 landowners and occupants alleging personal and property injury from pollution from chemical plant. Settled after class notification by co-defendant with no contribution by Baker Donelson client.
• Obtained defense verdict on behalf of automobile dealership in a class action in which plaintiffs claimed that these dealerships had illegally collected the Tennessee Business Tax in association with vehicle sales.
• Represented Japanese chemical manufacturer in purported class action alleging indirect purchaser claims for alleged price-fixing; the action was dismissed by trial court for lack of subject matter jurisdiction.
• Represented financial services company in putative class action alleging breach of fiduciary duty and violation of Consumer Protection Act, resulting in enforcement of retroactive arbitration clause in consumer agreement.
• Obtained dismissal in several class action suits brought against mortgage lenders seeking damages based on claimed excessive real estate closing costs, usurious interest charges and fees in violation of state and federal law.
• Achieved dismissal of class action suit brought against pharmacy chain for dispensing a drug recalled by the FDA.
• Conducted internal investigation and settled without a fraud charge a Securities and Exchange Commission investigation of managed earnings allegations against Tennessee-based company and related federal class action discovery issues.
• Represented foreign manufacturer of food additive in class action alleging violation of state antitrust and consumer protection laws and obtained dismissal of action for lack of personal jurisdiction.
• Negotiated settlement of class action alleging price-fixing by catfish processors and avoided indictment in criminal investigation by Antitrust Division.
• Represented a regional national bank in various individual and class action suits seeking damages in excess of $100 million for imposition of checking account fees, which resulted in judgment in favor of the bank.
• Defended a major pulp and paper manufacturer in a class action brought on behalf of a multi-state class of over 3,000 landowners alleging damage from the discharge of dioxin into the Tennessee-Tombigbee Waterway; nominal settlement reached and concluded after notice to the class.
• Represented six of seven HMOs administering TennCare (Medicaid) benefits to Tennessee Medicaid beneficiaries in class action brought by class of beneficiaries alleging due process and other violations; Baker Donelson clients allowed to intervene to challenge consent decree entered by plaintiffs and state defendants.
• Represented state and national banks in obtaining dismissal of class action claims asserting damages in excess of $130 million for violation of federal and state law arising out of banks' charging insurance premiums in connection with automobile loans.
• Represented manufacturers in connection with putative class action alleging that material omissions and misstatements had been made in clients' SEC filings and in statements to public analysts. The action was dismissed with prejudice and the dismissal was affirmed by the Sixth Circuit Court of Appeals.

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