Class Action Defense

Experience

We often defend clients in state and federal court class actions, as well as in collective plaintiff and multiparty actions that present similar strategic challenges. These include actions brought under ERISA; federal antitrust and securities laws; state and federal consumer laws; and auto, homeowner, and credit insurance policies, as well as multiple venue litigation where we have served as national coordinating counsel for major corporations. Our attorneys are always prepared to litigate these cases through to trial and, if necessary, appeal. At the same time, they recognize the value of an early exit and are adept at devising creative strategies for dismissing defective pleadings and defeating class certification.

Our attorneys counseled a real estate developer in the creation and implementation of strategies to avoid bankruptcy in the face of potential contract exposure of $250 million. This action required simultaneously defending scores of state and federal court lawsuits alleging fraud, breach of contract, and consumer deception, including multiple class actions and a state government investigation and enforcement action.

Representative Matters

• Defended a class action filed on behalf of customers/students of the world's largest information technology training company.
• Obtained contingency-fee counsel's voluntary withdrawal of retail consumer class actions by aggressive, limited, pre-motion discovery.
• Confidentially settled a uniquely unwieldy internet-commerce consumer fraud class action complaint.
• Satisfactorily resolved a banking class action by a charitable donation "cy pres" in lieu of affirmative settlement payments.
• Successfully defended the CEO of an international manufacturer, distributor, and marketer of infant products against a multi-million dollar class action lawsuit advancing myriad type securities fraud claims (the case presented issues of first impression for New Jersey Federal Courts).
• Served as national coordinating counsel for a major corporate client sued in over 400 related product liability cases nationwide.