We understand that defending class actions, mass actions and multi-district litigation can be costly and if not managed properly can pose a substantial risk to our clients' business interests. To combat these risks we have assembled a team of over 20 attorneys that specialize in managing every phase of class action, mass action and multi-district litigation. Our collective expertise enables us to effectively and efficiently defend any type of class action.
The lawyers in our group focus their practices in a number of substantive areas that are regularly the subject of class actions, mass actions and multi-district litigation including Antitrust and Consumer Protection Litigation, Insurance Coverage, Bad Faith and Regulatory Litigation, Employee Benefits, Fiduciary Duty, Trade Secret and Unfair Competition Litigation, Financial Institutions and Subprime Litigation, Medical Liability Defense, Product Liability Defense and Securities. Our class action, mass action and multi-district litigation clients include life and health insurers, banking and financial institutions, retailers, manufacturers, health care providers and pharmaceutical companies.
In recent years, we have defended over 100 class actions in state and federal courts filed across the country, often by well-known national plaintiffs' class action firms. We have a successful track record of handling all phases of class actions, including removal to federal court, early dismissal by dispositive motions, defeat of motions for class certification, winning summary judgments, obtaining voluntary dismissals and negotiating favorable global settlements. In addition, we have the resources to address the various regulatory investigations whether by the SEC, NTSB, or State insurance departments, that often arise in parallel to putative class actions. We also have the experience and tools necessary to handle the special discovery challenges that often arise in cases of this magnitude and we coordinate closely with our Pretrial Practice & eDiscovery team to manage discovery in an efficient and cost effective manner. We have organized and successfully completed several large-scale document productions, many of which involved the production of millions of “hard copies” and electronic files.
Representative Experience
- Curtis, et al. v. Northern Life Insurance Company, King County Superior Court, Seattle, Washington, No. 01-2-18578-1 SEA. As lead defense counsel, we obtained a summary judgment on behalf of Northern Life Insurance Company dismissing a Washington statewide class' claims for breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and breach of the Washington Consumer Protection Act. The allegations related to Northern's interest crediting practices on its fixed deferred annuities. Our defense team also successfully defeated the Plaintiffs' attempt earlier in the case to certify a nationwide class. This case is currently on appeal.
- Jacqueline Avritt, et al. v. ReliaStar Life Insurance Company, U.S.D.C., D. Minn., No. 0:07-CV-01817-JNE-JGG. Companion case to the Curtis action listed above. Alleges same causes of action as in Curtis on behalf of a California class. Case originally filed in W.D. Washington, we successfully transferred the case to Minnesota, ReliaStar Life’s headquarters. Our defense team was successful in defeating Plaintiffs’ motion for certification of a California class.Avritt v. Reliastar Life Ins. Co., 615 F.3d 1023 (8th Cir. 2010). Convinced the Eighth Circuit to affirm the district court’s denial of class certification on behalf of our client in a case related to interest crediting practices on annuities.
- In re Delphi Corporation Securities, Derivative and ERISA Litigation MDL, U.S.D.C., E.D. Mich, 2:05-MD-1725. As lead defense counsel for a major Delphi supplier, we successfully defended Section 10(b) securities fraud claims asserting that our client engaged in sham transaction with Delphi to enable Delphi to artificially inflate its financial performance. After we fully briefed a motion to dismiss the claims against our client for failure to state a claim, the Plaintiff class voluntarily dismissed our client. Other defendants proceeded to settle for over $300 million.
- Forest Richard Pope, et al. v. The Independent Order of Foresters, Jefferson Circuit Court, Ky., Div. 12., No. 01-CI-06761. Lead defense counsel against complaint alleging nationwide class involving premium charges for Child Term Rider endorsement sold with universal life policies. Plaintiffs’ second amended complaint alleged breach of contract, unjust enrichment and negligent misrepresentation. Putative class members ranged in number from 84,000-120,000. Our defense team successfully defeated Plaintiffs’ motion to certify a nationwide class.
- Sherwin and Donna Dunn v. Kentucky Farm Bureau Mutual Insurance Company, Wolfe Circuit Court, Kentucky, No. 06-CI-00136. Defend putative statewide class action alleging failure to pay statutory interest on claims. Causes of action include alleged violations of various provision of the insurance code and Consumer Protection Act. Succeeded in having class claims dismissed, and then all claims dismissed on motion for summary judgment. This case is currently on appeal after an initial affirmance of all dismissal rulings by the Kentucky Court of Appeals.
- Morris M. Garrett, et al. v. USG Annuity & Life Company, Campbell Circuit Court, Kentucky, Div. 1, Case No. 97-CI-00949. As lead defense counsel we obtained Rule 12 dismissal of all claims concerning annuity product interest crediting and marketing in this putative nationwide class action, which was affirmed by the Kentucky Court of Appeals and later the Kentucky Supreme Court.
- Gina L. Lynch, et al. v. USG Annuity & Life Company, U.S.D.C., E.D.Tex. at Beaumont, No. 1:99CV-530. We served as lead defense counsel in this Beaumont, Texas, putative nationwide class action concerning annuity product interest crediting and marketing. After an initial round of discovery, we were able to secure voluntary dismissal of all class claims against our client.
- Rosa Addison, et al. v. Life of Georgia Insurance Company, et al., South Carolina Court of Common Pleas, Third Judicial Circuit, Civil Action No. 01-CP-31-299; David Addison v. Life of Georgia, et al., South Carolina Court of Common Pleas, Third Judicial Circuit, Civil Action No. 01-CP-31-300; & Timothy Kinlaw, et al v. Life of Georgia, et al., North Carolina Superior Court, Robeson County, Civil Action No. OCV-01019. We served as lead defense counsel against South Carolina and North Carolina class claims in these companion statewide class actions concerning life insurance sales practices and participated in settlement negotiations that culminated in a favorable global settlement for our client.
- Paul Bradshaw, Jr., et al. v. Commonwealth Life Insurance Company, et al., Jefferson Circuit Court, Kentucky, Division 3, No. 01-CI-03332. We obtained a Rule 12 dismissal on behalf of defendant insurance agents in an alleged statewide class action concerning the marketing of life insurance products.
- In re Soo Line Co. Derailment of January 28, 2002 in Minot, N.D., Hennepin County, Minnesota District Court, No. MC-04-007726. In this mass action, including class actions, we represented a supplier of railroad tank cars that ruptured during a derailment, causing the largest known emission of anhydrous ammonia in the outskirts of Minot, N.D., which lead to hundreds of claimed injuries and a fatality. In addition to defending claims by Plaintiffs, our client also faced cross claims from the defendant railroad relating to the crashworthiness of the tank cars. We successfully moved for summary judgment on the grounds of preemption and lack of causation.
- Carol A. Ward, et al. v. Alternative Health Delivery Systems, Inc., et al., Jefferson Circuit Court, Kentucky, Div. 3, No. 97-CI-05177. We negotiated a favorable settlement for our client in this alleged statewide class action involving ERISA pre-emption and allegations of consumer fraud.
- Cheryl S. Hall and Judith A. Smith, et al. v. Baptist Healthcare System, Inc. Restated Retirement Plan and Baptist Healthcare System, Inc., U.S.D.C., W.D. Ky., Louisville, No. 3:07CV292-R. Defend putative class action alleging ERISA violations in calculation of benefits in connection with termination of ERISA plan. As lead defense counsel we obtained a Rule 12 dismissal of all claims.
- Judith Wright, et al. v. D.D. Williamson & Co., Inc., Jefferson Circuit Court, Kentucky, Div. 8, No. 06-CI-04916. Defend putative statewide class action alleging nuisance, negligence and trespass in pollution case. Plaintiffs voluntarily dismissed case after Plaintiffs’ depositions were taken.
- Michael Clark, et al. v. Bellsouth Telecommunications, Inc., et al., U.S.D.C., W.D. Ky., Louisville, No. 3:04CV-735-H. Defend putative statewide class action alleging conversion, violation of Kentucky Consumer Protection Act, fraud, constructive fraud, and violation of civil rights for alleged improper tax charges associated with sale of Fast Access internet service. Case originally filed in state court and removed to federal court on traditional diversity basis (pre-CAFA) and federal question. Case was settled on a class-wide basis.
