Class Action

Defending a major domestic automotive manufacturer in a putative class action in the Eastern District of Michigan involving allegations of defective shifter bushings in a series of vehicles. Motion to dismiss is pending.

Defended a major domestic automotive manufacturer in a putative class action in the Central District of California involving allegations of defective exhaust manifolds in best-selling trucks. Motion to dismiss was granted in its entirety.

Defended an automotive OEM against class action filed by plaintiffs in Florida on behalf of Florida, New York, and nationwide classes of truck purchasers and leases alleging deceptive practices regarding towing capacities. Favorably resolved during pleadings stage.

Defended an automotive OEM against a $7.5+ billion class action filed in Florida challenging session replay software that allegedly tracks users' activities on websites. Shortly after we were granted an early-stage stay of discovery, plaintiff voluntarily dismissed case (no settlement).

Represented an international building products manufacturer in the defense of thousands of class action claims associated with its allegedly defective Chinese-manufactured drywall. The multi-district litigation was assigned to the Eastern District of Louisiana, and involved complex issues regarding construction, product liability, and international law. After conducting several bellwether trials, a settlement was reached.

Defended a global automobile and truck manufacturer with respect to a nationwide class action alleging defective brake assemblies on one of the manufacturer's truck lines. After we removed the case to federal court under the Class Action Fairness Act and filed a motion to dismiss under the Tennessee Consumer Protection Act and common law fraud, the plaintiffs filed a notice of voluntary dismissal.

Represented an oil refiner in the defense of hundreds of class action property damage, personal injury and groundwater contamination claims arising from the largest land-based oil spill in Louisiana history, and at the time the largest oil spill in the U.S. since the Exxon Valdez. The oil spill was the result of widespread flooding associated with Hurricane Katrina, which caused a crude oil storage tank to breach and release thousands of gallons of crude oil in the neighboring residential community. The class certification hearing lasted a week and included the parties' presentation of multiple geotechnical, hydrological, and mechanical experts. The claims area certified was much smaller than what the plaintiffs were seeking, resulting in a cost savings of hundreds of millions of dollars. The claims were successfully settled prior to trial.

Represented a multi-billion-dollar international construction company in connection with a federal class action and multiple state lawsuits concerning mass tort claims allegedly totaling hundreds of millions of dollars.

Defended an international contractor in primary and copycat matters involving nationwide FLSA and state law class action claims, resulting in the client incurring no out-of-pocket settlement contribution or attorneys' fees.

Successfully defended a finance company in a class action suit against alleged violations of the Fair Debt Collection Practices Act, relating to debt collection notices sent to customers.

Defended a leading regional bank in a putative class action brought on behalf of customers claiming their automobile loan accounts had been charged excessive amounts for force-placed collateral protection insurance secured by the lender through an alleged "captive" insurance provider.

Defeated class certification in a class action arising out of the release of a chemical that allegedly dispersed throughout a community, and successfully defended a subsequent mass action with more than 5,000 plaintiffs.

Represented an oil refiner regarding class action exposure and property damage claims associated with a major fire in the refinery's crude unit. After class certification was defeated, the case was settled for a sum less than the cost of defense.

Successfully defeated a motion for class action certification on behalf of a developer against claims alleging undisclosed buried munitions near a large residential subdivision.

Successfully defended an automobile dealership in a putative class action seeking certification of approximately 14,000 class members challenging a charge imposed by the dealership, with the result that the state supreme court reversed the trial court, holding that class actions were not allowed under the Tennessee Consumer Protection Act.

Successfully represented a leading financial institution against individual and class-wide claims brought on behalf of mortgagors in the aftermath of hurricanes Katrina and Rita in both Louisiana state and federal courts, obtaining involuntary dismissals in eight separate cases.

Successfully defended a Nashville-based insurance agency and its affiliates in a 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 a major insurance company and settled in consumer Tennessee class action a case involving loss of use claims under an uninsured motorist property damage policy.

Represented a captive automobile finance company in a statewide class action alleging violation of Tennessee Consumer Protection Act and obtained a dismissal that was upheld by the Tennessee Court of Appeals.

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 a major automobile insurer in a class action involving claims for diminished value.

Obtained summary judgment on behalf of claimants to $200 million in publicly-traded stock held by a retirement plan.

Represented a defendant in a nationwide securities fraud class action involving common law claims. Many claims were dismissed on motion for summary judgment.

Represented manufacturers in connection with a putative class action alleging that material omissions and misstatements had been made in the clients' SEC filings and in statements to public analysts. The action was dismissed with prejudice and the dismissal was affirmed by the U.S. Court of Appeals for the Sixth Circuit.

Conducted an internal investigation and settled, without a fraud charge, a matter related to a Securities and Exchange Commission investigation of managed earnings allegations against a Tennessee-based company and related federal class action discovery issues.

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 laws.

Represented a regional bank in various individual and class action suits seeking damages in excess of $100 million related to the assessment of checking account fees, which resulted in judgment in favor of the bank.

Obtained dismissal of a Tennessee class action involving consumer vehicle financing and claimed violations of the Tennessee Consumer Protection Act. The decision was affirmed on appeal.

Defended a tobacco company in a claim by the Steamfitters Union on behalf of its members for health benefits paid as a result of smoking-related illnesses, resulting in a dismissal granted to the client by Tennessee Court of Appeals on interlocutory appeal.

Defended a major chemical manufacturer in a class action brought on behalf of 5,000 landowners and occupants alleging personal and property injury from pollution from a chemical plant. Settled after class notification by a co-defendant with no contribution by our client.

Represented a Japanese chemical manufacturer in a purported class action alleging indirect purchaser claims for alleged price-fixing; the action was dismissed by trial court for lack of subject matter jurisdiction.

Defeated a class action claiming FCRA violations arising out of alleged improper access of credit reports; the federal court granted a motion to dismiss for lack of standing, finding that the alleged injuries (invasion of privacy, related emotional distress, and increased risk of data breach) were insufficiently concrete.

Defended one of the nation's largest pharmacy chains in a putative class action in the Southern District of Florida alleging mislabeling, violation of the Florida consumer protection act, deceptive advertising and unjust enrichment relating to a store-branded hand sanitizer product. In a major victory for the client, the defense team secured dismissal of the suit with prejudice prior to class certification based on a lack of standing and failure to state a claim.