Class Action Litigation

Our team is retained as lead, coordinating, and co-counsel on class actions for major public companies, manufacturers, software companies, financial institutions, mortgage lenders, investment companies, broker-dealers, nonprofits, and municipalities, among others.  Our track record in representing companies in state and federal court class actions, mass torts, and multi-district litigation (MDLs) is impressive. Our experience is broad and includes TCPA, CIPA, Biometric Privacy, FLSA, employment, minimum wage, product liability, environmental liability, unfair competition, financial services, data breach and privacy actions, along with nationwide pharmaceutical cases.

Our Class Action teams have earned a reputation as thought leaders when it comes to multi-jurisdictional and class and mass action cases. Drawing on both the combined trial experience and extensive knowledge of a national commercial law firm, we offer clients big firm organization and support with acute boutique-style know-how and service.

Whether pursuing early resolution, seeking to defeat class certification, or tactically positioning the case for a decision on the merits, or for an appeal, our advocates prove time and again that we can guide our clients through the critical decisions involved in defending these lawsuits.

Our Approach

Clark Hill approaches high-stakes class action litigation through its HillTop methodology, a strategic case-management framework that integrates litigation experience with process-improvement principles.

By developing a clear understanding of client objectives at the outset, our teams focus attention and resources on the issues most likely to affect outcomes, helping clients avoid unnecessary expense and disruption.

Drawing from lean management concepts, HillTop emphasizes:

• Early case assessment and strategic planning
• Alignment of litigation activities with client goals
• Efficient deployment of legal resources
• Data-informed decision making
• Budget predictability and cost management
• Elimination of activities that do not advance case objectives
• Continuous reevaluation of strategy throughout the life of the matter

This disciplined approach promotes efficiency, predictability, and value while positioning clients to achieve successful resolutions through motion practice, settlement, trial, or appeal.

Representative Experience

Product Liability, Automotive & MDL Litigation

• Securing a summary judgment in 12 state class actions for lack of damages in class action claims brought in an MDL in the SD of Florida for alleged price premium economic losses following a nationwide recall of Takata airbag inflators.
• Defending an automobile manufacturer in case heard in the CD of California alleging vehicles were sold without certain state-mandated parts. Following successful motion to dismiss, the case was dismissed with prejudice.
• Defending an automobile manufacturer in a case filed in District of Delaware over consumer fraud claims based on alleged limited production run and securing dismissal of the complaint.

Consumer Fraud, Unfair Trade Practices & False Advertising

• Defending class actions alleging unfair trade and billing practices against utility companies and municipal authorities.
• Defending a national department store by defeating certification in two alleged statewide class actions claiming various unfair trade and deceptive marketing practices.
• Representing the manufacturer of residential siding products in a statewide class action involving alleged product defect, breach of warranty, and deceptive marketing practices.
• Representing national airline sued under various consumer fraud laws in the ND of Illinois for alleged improper fees included with its air fare. Obtained dismissal of two nationwide class actions under the Airline Deregulation Act’s preemption provisions, with prejudice.
• Defending a national airline in a class action lawsuit alleging a claim for civil RICO violations for charging improper fees. Following two successful motions to dismiss, secured affirmance on appeal before the 11th Circuit.
• Defending a class action against a health insurance provider alleging unfair trade and unfair practices.

Employment & Labor Class Actions

• Handling class actions against large governmental agencies accused of unlawful discrimination.
• Defending wage-and-hour and minimum wage class actions against companies in several industries.
• Representing a marketing services company in defense of collective action for failing to pay for time addressing training and pre-installation reporting filed in the ND of Illinois. Following mediation, the client achieved a multi-state resolution of the collective action enabling the business to move forward with a sale.

Privacy, Data Breach & Technology Class Actions

• Representing an automobile manufacturer in case heard in the SD of California alleging that certain website functionality violated California’s Consumer Information Privacy Act and penal code prohibiting eavesdropping by third parties. Following a successful motion to dismiss and discovery on the remaining claim, the case was dismissed, with prejudice.
• Representing a plasma company for alleged violations of Illinois’ Biometric Information Privacy Act in the ND of Illinois. Successful prosecution of key affirmative defense led to favorable class-wide settlement.
• Representing a software licensing company for alleged violations of Illinois’ Biometric Information Privacy Act and adequacy of notices required thereunder in Cook County, Illinois. Successful within policy limits settlement of claims on a class-wide basis.
• Representing a software development company for alleged violations of BIPA in the ND of Illinois. Successful, within policy limits, settlement of claims on a class-wide basis.
• Representing a staffing agency for alleged violations of BIPA in Champaign County, Illinois. Successful settlement of claims on a class-wide basis.
• Representing a marketing company for TCPA junk fax claims in Cook County, Illinois. Successful within policy limits settlement of the claims.
• Representing defendant hospital systems in two class actions for alleged violation of privacy laws following a ransomware attack in Alabama. Successfully challenged both actions for lack of standing and injury and ultimately reaching very favorable individual settlements following mediation. No class certified.

Environmental, Toxic Tort & Mass Tort Class Actions

• Defending air pollution class actions on behalf of a steel mill.
• Defending a major chemical company in a class action arising from a train derailment and chemical spill, resulting in the evacuation of over 20,000 city residents; defeated class certification on all claims but those for response costs under CERCLA, and thereafter obtained summary judgment on the CERCLA response cost claims.
• Representing a plumbing product manufacturer in an MDL addressing asbestos claims in ED of Pennsylvania. Following motion practice, all claims were dismissed, with prejudice.
• Representing a chemical manufacturer in the AFFF MDL in Dist. of South Carolina. Following successful challenge to jurisdiction in transferee court, limited discovery and negotiations in 12 transferred state class actions, obtaining no-payment dismissals for each transferred case.
• Representing a foreign-owned chemical company in mass exposure actions filed in Jefferson County, Alabama. Secured dismissal of over 120 claims and the settlement of 9 remaining claims in multi-defendant action following successful mediation.

Financial Services, Insurance & Securities Class Actions

• Defending a real estate investment trust against class claims involving secondary mortgage loans.
• Representing a national insurance company in a putative class action regarding motorcycle rider benefits.
• Representing a defendant majority shareholder, former chairman of the board, in securities class action challenging disclosures made relating to an IPO in the ED of Michigan. Successful resolution of the claims without any individual liability to client.

Disability Access (ADA) Class Actions

• Defending a national food chain in a putative class action alleging violations of the Americans with Disabilities Act, successfully opposing class certification.