Class Action

State and federal class action suits have become more prevalent over the past decade. They increase the potential exposure of every business that places products in the stream of commerce or offers services to the public. Every employer, public or private, also faces increased exposure from class action suits by employees complaining of allegedly unlawful employment policies and practices.

Baker Donelson's trial lawyers have an enviable record of success in defending class action suits affecting a wide variety of industries. We know the defensive strategies for dealing with initial class certification and discovery related to class issues. And if class certification is granted, we have the experience and the resources for effective class action management. We serve as primary class counsel in national, regional and statewide class action suits and work effectively with out-of-state coordinating counsel in class action litigation.

There is no substitute for organization and client communication in class action litigation. We leverage industry-leading technology to give clients instant, secure access to discovery documents and litigation work product, so that they can track progress and ask questions. We deliver such information through customized, secure extranets built to specification. We also deploy this technology to local and regional counsel to efficiently assist with multi-jurisdictional litigation management. We team up with our professional litigation support staff for trial preparation and discovery management.

We are proud to have among our ranks some of the most notable and outstanding trial lawyers in the south central United States – seasoned attorneys with substantial experience in complex class action cases. They include attorneys listed in Best Lawyers in America® and Chambers USA. Many are licensed to practice before the U.S. Supreme Court and before multiple state and federal courts of appeals, and several have served as judicial clerks with state or federal trial courts or courts of appeal. We are members of organizations dedicated to maintaining the highest standards of litigation practice, such as the American College of Trial Lawyers, the Defense Research Institute, the American Board of Trial Advocates and the International Association of Defense Counsel.

Representative Matters

Insurance 

• Successfully defended Nashville-based insurance agency and its affiliates in class action alleging improper rate adjustments on policy terminations. The opposing party's administrative costs of the settlement exceeded the amount of funds that went to the class and their counsel.
• Defended major insurance company and settled in consumer Tennessee class action case over loss of use claims under uninsured motorist property damage policy.
• Obtained summary judgment on behalf of major insurance company in consumer class action regarding insurance coverage issues.
• Represented and secured settlement for major life and health insurer in nationwide class action alleging consumer fraud in United Sates District Court, Middle District Tennessee. 

Automotive

• Represented captive automobile finance company in statewide class action alleging violation of Tennessee Consumer Protection Act and obtained a dismissal that was upheld by the Tennessee Court of Appeals.
• Achieved summary judgment of class action suit brought against automobile finance company for alleged deceptive trade practices.
• Obtained dismissal of statewide New Mexico class action alleging deceptive trade practices in automobile financing.
• Achieved dismissal of nationwide automobile financing class actions in the United States District Court for the Western District of Arkansas involving consumer protection claims, civil RICO and federal antitrust claims.
• Obtained summary judgment on behalf of major automobile insurer in class action involving claims for diminished value.
• Obtained denial of class certification on behalf of Tennessee automobile dealer in regard to claims alleging consumer fraud and the unauthorized practice of law.
• Obtained defense verdict on behalf of automobile dealership in a class action in which plaintiffs claimed that these dealerships had illegally collected the Tennessee Business Tax in association with vehicle sales.

Financial

• Represented commercial bank in statewide class action regarding consumer protection claims relating to private label credit card sales.
• Obtained summary judgment on behalf of claimants to $200 million in publicly traded stock held by retirement plan.
• Successfully defended nine Tennessee telephone cooperatives in class action case regarding maintenance agreements.
• Represented defendant in a nationwide securities fraud class action involving common law claims. Class certified and many claims dismissed on motion for summary judgment.
• Nationwide securities fraud class action involving common law claims. Class certified and many claims dismissed on motion for summary judgment.
• Represented manufacturers in connection with putative class action alleging that material omissions and misstatements had been made in clients' SEC filings and in statements to public analysts. The action was dismissed with prejudice and the dismissal was affirmed by the Sixth Circuit Court of Appeals.
• Conducted internal investigation and settled without a fraud charge a Securities and Exchange Commission investigation of managed earnings allegations against Tennessee-based company and related federal class action discovery issues.
• Represented financial services company in putative class action alleging breach of fiduciary duty and violation of Consumer Protection Act, resulting in enforcement of retroactive arbitration clause in consumer agreement.
• Obtained dismissal in several class action suits brought against mortgage lenders seeking damages based on claimed excessive real estate closing costs, usurious interest charges and fees in violation of state and federal law.
• Represented a regional national bank in various individual and class action suits seeking damages in excess of $100 million for imposition of checking account fees, which resulted in judgment in favor of the bank.
• Represented state and national banks in obtaining dismissal of class action claims asserting damages in excess of $130 million for violation of federal and state law arising out of banks' charging insurance premiums in connection with automobile loans.
• Obtained a judgment dismissing class action claim alleging conspiracy to fix service charges and other fees in violation of federal antitrust laws by state and national banks in Tennessee.
• Tennessee class action involving consumer vehicle financing and claimed violations of the Tennessee Consumer Protection Act. Dismissed, affirmed on appeal.
• Represented class of claimants to $200 million in publicly traded stock held by retirement plan. Summary judgment was granted.

Chemical

• Obtained dismissal via interlocutory appeal from the Tennessee Court of Appeals of a nationwide class action filed by union against tobacco company for health benefits allegedly paid by union for smoking-related illnesses.
• Defense of tobacco company in claim by Steamfitters Union on behalf of its members for health benefits paid as a result of smoking-related illnesses resulting in dismissal granted to client by Tennessee Court of Appeals on interlocutory appeal.
• Defended major chemical manufacturer in class action brought on behalf of 5,000 landowners and occupants alleging personal and property injury from pollution from chemical plant. Settled after class notification by co-defendant with no contribution by Baker Donelson client.
• Represented Japanese chemical manufacturer in purported class action alleging indirect purchaser claims for alleged price-fixing; the action was dismissed by trial court for lack of subject matter jurisdiction.
• Represented foreign manufacturer of food additive in class action alleging violation of state antitrust and consumer protection laws and obtained dismissal of action for lack of personal jurisdiction.
• Defended a major pulp and paper manufacturer in a class action brought on behalf of a multi-state class of over 3,000 landowners alleging damage from the discharge of dioxin into the Tennessee-Tombigbee Waterway; nominal settlement reached and concluded after notice to the class.