Harris Beach attorneys have wide-ranging experience and proven success in high-stakes class action litigation and related complex actions in numerous federal districts and multiple states, across a variety of industries. We have acute awareness of our clients’ needs to quickly and favorably resolve cases while minimizing future claims, and securing the broadest possible protection. We provide careful guidance through every aspect of discovery, including the complex field of e-discovery which businesses must contend with in defending class action claims.
Class Certification Issues
- Demonstrate significant knowledge in unique and evolving procedural and substantive rules under Federal Rule of Civil Procedure 23, as revised by the Class Action Fairness Act, and state equivalents
- Evaluate ability to defeat class certification and decertify classes
Defense of Class Actions
- Defend class action lawsuits across numerous industries, including financial institutions, insurance companies, pharmaceutical and health care companies, nutritional supplement manufacturers, cosmetic companies, energy companies, telemarketing companies, employers, municipalities, manufacturers and retailers
- Defend class action matters including claims regarding Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), deceptive trade practices, aiding and abetting claims, product defect and warranty cases, employment, wage and hour, and civil rights claims
- Aggressively seek dismissal of claims and opposing class certification, on novel and threshold grounds, including pursuing all available standing and jurisdictional defenses
- Guide clients through discovery process, often including voluminous electronic discovery, involving class- and merits-based issues with our e-discovery service, e-info℠
- Initiate strategies tailored to client business and financial needs to secure favorable settlements
- Guide clients through settlement and class administration processes
- Manage class action litigation in tandem with parallel government agency investigations and proceedings to minimize exposure
- Obtained dismissal with prejudice of investor class action lawsuit asserting Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy claims against a large financial institution and seeking treble damages in excess of $200 million resulting from massive fraud perpetrated by a bank customer.
- Obtained dismissal and summary judgment of investor class action lawsuit asserting aiding and abetting, negligence and unjust enrichment claims in excess of $44 million against a large financial institution arising from massive Ponzi scheme perpetuated by “German Bernie Madoff.”
- Achieved a favorable jury verdict and dismissal of all remaining claims by post-trial motions on behalf of a mortgage originator and servicer in a nationwide class action lawsuit in federal court, which asserted breach of contract claims based on the charging of allegedly improper late fees and attorneys’ fees.
- Successfully settled nationwide consumer class action for contract manufacturer of supplements and other consumer products in the QuickTrim/Kardashian litigation involving claims under the Magnuson-Moss Warranty Act and various state consumer protection laws.
- Served as defense counsel and successfully defeated class certification in a multitude of medical device and pharmaceutical products filed in federal and state courts, including the Multi-District Fen-Phen Litigation.
- Secured nation-leading class settlements on behalf of energy supply companies in state and federal court defending against fraud and consumer protection claims regarding company advertising and pricing involving settlement classes of several hundred thousand customers.
- Successfully resolved a multitude of class action and FLSA collective wage and hour claims.
- Serving as defense counsel in multiple national class action lawsuits brought under the Telephone Consumer Protection Act (“TCPA”) and Fair Debt Collection Practices Act (“FDCPA”) in numerous federal district courts.
- Served as defense counsel for global vinyl siding manufacturer in nationwide class action lawsuit asserting claims including breach of warranty, deceptive and unfair trade practices, and false advertising claiming defects in vinyl siding installed on residential homes and secured favorable settlement following dismissal of majority of claims.