Practice Areas & Industries: Duane Morris LLP


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Duane Morris represents clients in class action litigation brought under federal and state laws. These matters have involved federal and state securities law, state trade practice and consumer protection laws, antitrust law, franchise litigation, real estate assessment and commercial disputes. Our lawyers have assembled a comprehensive set of pleadings and briefs on class action practice that enables us to handle these kinds of cases efficiently for our clients.


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Duane Morris has represented clients in class action litigation brought under a wide range of theories and in many different venues.

Our class action practice has included the representation of both plaintiffs and defendants in antitrust and securities fraud class actions.

We have represented insurance companies and others in class actions involving claims under state consumer protection laws.

Our lawyers represented a major New York utility in a multimillion dollar class action brought under Rule 10b-5 promulgated under the Securities Exchange Act of 1934 and Section 11 of the Securities Act of 1933. We also represented a major accounting firm in a multimillion dollar action brought under Rule 10b-5. Our lawyers also have represented a major manufacturer of tires in a multimillion dollar class action brought under Rule 10b-5 that resulted in the entry of summary judgment in favor of our clients.

We have also represented clients in cases involving claims brought under the RICO statute, including the successful defense of a major New York utility in a multibillion dollar class action and the dismissal of a RICO claim asserted against a real estate partnership. Our lawyers also represented a class of franchisees in a franchise class action arising out of the misappropriation of advertising funds.

Our firm has acted as the lead counsel in a class action arising out of spot reassessment. This class action explored a relatively new concept, class actions in the area of tax assessment appeals, as a means of effectively seeking redress for property owners who had been the subject of spot reassessments.

Duane Morris has been active in a number of class actions that have arisen in the context of products liability and breach of warranty settings. We are currently representing the defendants in a putative nationwide class action arising out of an alleged breach of warranty of an adhesive product.

Articles Authored by Lawyers at this office:

Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View
, March 20, 2014
On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim construction. In Vederi, LLC v. Google, Inc., the Federal Circuit...

U.S. Supreme Court Restricts Challenges to Pretrial Seizure of Defense Funds
, March 07, 2014
The U.S. Supreme Court recently weakened a criminal defendant's ability to challenge the Government's pretrial seizure of assets that a defendant has allocated for mounting a defense. In Kaley v. United States, the Court eliminated a defendant's right to challenge a grand jury's finding of probable...

Second Circuit Ruling Appears to Limit Ability of U.S. Bankruptcy Courts to Assist Foreign Debtors
, December 19, 2013
In Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), Case No. 13-612, 2013 WL 6482499 (2d Cir. Dec. 11, 2013), the United States Court of Appeals for the Second Circuit held that in order for a foreign representative to achieve "recognition" of a foreign debtor's...

U.S. Supreme Court Issues Significant Forum-Selection Decision
, December 06, 2013
There has been confusion in the courts over the years regarding the appropriate mechanism to enforce forum-selection clauses, which are now routinely included in many commercial and personal contracts. Such clauses typically require any dispute between contracting parties to be resolved in the...

Glaski Decision Appears to Place Lenders on Notice to Verify Accuracy and Effectiveness of Loan Assignments
, September 11, 2013
The recent decision in Glaski v. Bank of America, National Association, et al., 160 Cal. Rptr. 3d 449 (2013), may, at least in certain circumstances, impact the ability of residential mortgage-backed security and commercial mortgage-backed security lenders to keep pooling and servicing agreements...

IRS Guidance Addresses Federal Tax Impact for Employers in Light of Supreme Court Ruling in U.S. v. Windsor
, September 04, 2013
In Revenue Ruling 2013-17, the Internal Revenue Service (the "Service") addressed for the first time the impact of United States v. Windsor, the Supreme Court decision which held that section 3 of the Defense of Marriage Act was unconstitutional because it violates the principles of equal...

U.S. Department of Labor Updates FMLA Guidance Documents to Implement Supreme Court's DOMA Decision
, August 16, 2013
On August 9, 2013, U.S. Department of Labor (DOL) Secretary Thomas Perez issued an internal memorandum to DOL staff members on the Department's efforts to implement the U.S. Supreme Court's recent decision in U.S. v. Windsor, which struck down as unconstitutional the provisions of the Defense of...

Supreme Court Holds FDCA Preempts Common Law Design-Defect Claim Against Generic Drugs
, July 04, 2013
On June 24, 2013, the U.S. Supreme Court held in Mutual Pharmaceutical Co., Inc. v. Bartlett that the Federal Food, Drug, and Cosmetic Act (FDCA) preempted the respondent's common law claim for damages arising from the alleged defective design of a generic pharmaceutical. The Supreme Court had...

Second Circuit Shifts Burden of Showing Assets to Defendants; Clarifies Monsanto Decision
, June 25, 2013
Both civil and criminal agencies charged with enforcing U.S. laws have turned increasingly to broad based use of "asset freeze orders." Legal counsel and their clients should understand the issue, particularly as there is a split in the Circuits and the Supreme Court has not yet addressed...

Supreme Court Affirms Class Action Waiver Even Where Litigation of Separate Claims Economically Infeasible
, June 25, 2013
On June 20, 2013, the U.S. Supreme Court in American Express Co. v. Italian Colors Restaurant upheld a provision in an arbitration agreement that barred class actions, even where litigation of individual claims would be economically infeasible.

The Applicability of the Massachusetts Wage Act Swells in June 2013
, June 25, 2013
In late June 2013, the Massachusetts Supreme Judicial Court ("SJC") and the Massachusetts Appeals Court (the "Appeals Court") issued two decisions broadly expanding the breadth of the Massachusetts Wage Act (the "Wage Act") by (i) increasing the types of entities and...

U.S. Supreme Court Resolves Circuit Split in Bullock v. BankChampaign, N.A.
, June 25, 2013
One of the primary purposes of bankruptcy is to provide for the discharge of certain debts in order to enable a debtor to obtain a "fresh start" post-bankruptcy. Notwithstanding this specific purpose, section 523 of Title 11 of the United States Code, 11 U.S.C. § 101 et seq. (the...

U.S. Supreme Court Issues Unanimous Limited Arbitration Ruling in Oxford Health Plans LLC v. Sutter
, June 14, 2013
On June 10, 2013, the U.S. Supreme Court in Oxford Health Plans LLC v. Sutter upheld an arbitrator's determination that a physician's claim against Oxford may proceed on a class basis. The Court held that because the parties agreed that the arbitrator should decide whether their contract authorized...

D.C. Circuit Court Vacates the NLRB's Notice Posting Rule
, May 16, 2013
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in National Association of Manufacturers, et al. v. National Labor Relations Board, et al., No. 12-5068, that the National Labor Relations Board's (NLRB) August 2011 rule requiring most private-sector employers to...

Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy Code
, May 02, 2013
In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that the relevant point in time for determining where the...

U.S. Supreme Court Endorses Employer Efforts to "Pick Off" Named Plaintiff in FLSA Collective Action, but Declines to Resolve Circuit Split Regarding Mootness Issue
, April 24, 2013
On April 16, 2013, the United States Supreme Court in Genesis HealthCare Corp. v. Symczyk, 569 U.S. --- (2013) (No. 11-1059), held that a trial court properly dismissed as moot a Fair Labor Standards Act (FLSA) overtime collective action where the employer had made an offer of judgment to the named...