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Class Action & Multidistrict Litigation

Representative Matters

Defended Sherman Act Section 1 and 2 claims in multidistrict litigation (MDL) venued in the Eastern District of Louisiana brought by a nationwide class of direct purchasers and a class of indirect purchasers. Plaintiffs alleged that our client had conspired with three other companies to fix prices and restrict distribution of its products. The court dismissed the horizontal conspiracy claims, but allowed secondary vertical conspiracy claims to proceed. After fact discovery, we settled the direct purchaser claims for $6.5 million and the indirect purchaser claims for $1.5 million, less than 1 percent of what was originally sought (after trebling).
Served as co-counsel in defense of our client’s Hatch-Waxman Act settlements with generic manufacturers from multiple MDL antitrust class actions. The classes, consisting of end users, distributors and retailers, claimed that its settlements with generic manufacturers harmed competition and artificially delayed the entry of a generic bioequivalent. This “pay for delay” case was the first to reach trial since the U.S. Supreme Court’s ruling in FTC v. Actavis. A Massachusetts jury found that there was no causation between the settlements and no proof that a generic could have entered the market earlier than the date permitted under the settlements.
Serve as New Jersey counsel in defense of a class action by pharmaceutical purchasers claiming that pricing violates federal antitrust laws and various state consumer protection laws.
Representation in an MDL alleging antitrust, RICO and ERISA violations arising from payments of contingent compensation to insurance brokers and in related investigations conducted by various state regulators.
Defended more than a dozen Spring Air mattress manufacturers and licensees in MDL antitrust litigation in federal court against several domestic and international manufacturers of polyurethane foam. We sought damages and injunctive relief from defendants pursuant to the Sherman Act alleging that defendants conspired to fix the price of polyurethane foam used in our clients’ mattress products. Favorably settled on the eve of trial.

Representation of major wholesalers in a class action alleging they conspired to fix the wholesale price of certain distilled alcoholic beverages in violation of the federal and state antitrust laws.

Defended a 14-year-long breach of contract class action originally claiming $629 million in damages. A jury in New York federal court returned a verdict of $54 million against our client and a verdict for our client on the larger claim of no liability. The court granted our post-trial motion for decertification. The judge overturned the verdict, decertified the class of 300,000 borrowers, denied plaintiff’s motion for a new trial on the larger claim and dismissed all class claims. Affirmed by the Second Circuit.
Representation of a soft drink manufacturer in three separate class actions alleging consumer fraud and breach of contract in connection with the marketing and sale of a product. Two of the cases settled. In the third case, we won a motion for summary judgment.
Representation in a class action claiming fraud in the marketing of a summer sports program. We helped the client obtain insurance coverage for the claim, resulting in a nationwide settlement.
Defended a nationwide class action claiming breach of warranty relating to the premature deterioration of shingles. Our strategy led to a global settlement.
Represented the company in a class action brought in Delaware state court by public shareholders claiming corporate directors breached fiduciary duty.
Defended a nationwide class action in which the plaintiffs alleged that the carrier misrepresented how monthly allowance minutes were allocated among family members’ cell phones and improperly billed for in-network minutes.
Defense of a breach of contract/warranty putative class action brought by purchasers of the company’s motors claiming unacceptable marine corrosion and motor degradation under normal use conditions.
Representation of a brokerage’s CEO in an ERISA class action claiming breach of fiduciary duty for investing in company stock.
Defending a class action in state court alleging violations of New Jersey’s Consumer Fraud Act and Auto Repair Deceptive Practices regulations. Plaintiff claims that our client’s pricing of auto parts is deceptive and constitutes an unconscionable business practice.
Defending class claims for breach of contract, unjust enrichment and alleged violation of New Jersey’s Consumer Fraud Act in relation to the collection of toll charges.
Defending a leader in the direct response television industry in a putative class action in the District of New Jersey alleging violation of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
Defending a putative class action alleging violations of New Jersey’s Fair Credit Reporting Act and TCCWNA. The matter concerns allegations that a parking lot operator which leases property from our client printed too many digits of its customers’ credit card numbers on its sales receipts.
Defending a class action in the District of New Jersey alleging violation of TCCWNA.
Defending a class action in the District of New Jersey alleging violation of TCCWNA.
Defended a purported class action filed by the health care funds of six New York-based unions, accusing our client of running a deceptive marketing campaign for one of its top-grossing medicines. After it had been stayed for nearly a decade, we secured dismissal with prejudice in this “must win” case. Affirmed by the Delaware Supreme Court.
Defending a proposed class action accusing the company of falsely advertising that its line of bedtime bath products helps babies sleep better. Plaintiffs allege that our client made misrepresentations and omissions concerning the effectiveness of its baby bath products through TV and print advertisements.
Defended a consumer protection class action lawsuit alleging violation of the New Jersey Consumer Fraud Act (NJCFA). We prevailed on a motion to dismiss.
Defended a putative class action brought by a disgruntled consumer who claimed that the company violated the NJCFA by allegedly posting misrepresentations on its website concerning the quantity and price of certain consumer goods. Plaintiff also asserted common law fraud, express warranty and unjust enrichment claims. We filed a motion to dismiss the complaint and class claims, and the case settled for less than nuisance value before the court ruled on the pending motion.
Serving as co-counsel in the District of Massachusetts against plaintiffs seeking to bring a nationwide class action for alleged breach of contract and violation of the Massachusetts Consumer Protection Act.
Lead counsel in a proposed class action alleging violation of the ticket withholding provisions of the NJCFA, a significant issue for similar entities in New Jersey.
Defending a claim that certain refrigerators were defective and not timely repaired.
Defended the orchestra in a putative class action in the District of New Jersey alleging violation of TCCWNA; case was dismissed.
Defending a putative class action in New Jersey state court stemming from alleged patient exposure to HIV and hepatitis, caused by a former hospital pharmacist who was suspected of tampering with more than 200 patients’ intravenous medications.
Defended a putative class action lawsuit alleging violations of TCCWNA and the NJCFA.
Defense in a class action brought by individuals claiming deception relating to their investment in a biotech start-up. We removed the client from the action for a nominal settlement.
Representation of a personal care products and dietary supplements manufacturer in a class action claiming consumer fraud in the marketing of a weight loss supplement.
Defended a New Jersey state court class action lawsuit alleging fraud in connection with the collection of state sales tax revenue.
Defended a putative consumer class action in New Jersey state court seeking injunctive class relief against the company for alleged violations of the notice provisions of the New Jersey Gift Card Statute, and related claims under the TCCWNA and NJCFA.
Representation of a construction company in an action alleging misrepresentations relating to a planned living community.
Defended a consumer fraud and false advertising class action brought by purchasers of flash media devices relating to the calculation of memory capacity.
Defended a consumer fraud class action claiming breach of contract, violation of the Pennsylvania consumer fraud statute, and unlawful liquidated damages over the reasonableness of late fees.
Defended a pair of class actions, one claiming the company performed unnecessary services on cars and the other alleging the use of defective hoses in radiant floor heating systems.
Defended a consumer class action claiming fraud in the sale of allegedly defective DVD players.
Defense of a multi-state class action brought by cable subscribers alleging that our client’s late fee policy represented an unlawful penalty and violated the Pennsylvania, New Jersey and Delaware consumer protection laws.
Representation with respect to class issues in an action brought by owners of royalty interests in oil wells, alleging the company improperly performed fracturing services.
Defended putative class actions under the Fair Debt Collection Practices Act and the Truth-in-Lending Act. Both cases were dismissed with prejudice.
Defended several class actions claiming violation of the NJCFA relating to advertising of the company’s flat rate access service, the functionality of its software and its rebate program.
Representation in a class action claiming misrepresentation of the threshold number of miles required to obtain free tickets in violation of the NJCFA
Defended a class action seeking damages from the company and a franchisee as a result of alleged overcharges of real estate broker fees. We succeeded in getting the action against the parent company dismissed.
Defended a class action in the District of New Jersey alleging a violation of Telephone Consumer Protection Act.
Defended a class action in Connecticut state court alleging fraud and unfair trade practices in sales of computer components.
Served as national counsel in the defense of several nationwide class actions alleging consumer fraud and violation of various state consumer protection statutes in connection with the marketing and sale of motor vehicle repair and maintenance services.
Representation of that same retailer in the successful defense of a putative statewide consumer fraud class action brought by New Jersey purchasers of allegedly defective garage door openers. We eliminated all fraud claims, both statutory and common law, at the pre-answer motion stages and then leveraged that success into avoidance of class discovery.
Defended a consumer fraud class action alleging that certain appliances were defective
Defended a consumer fraud class action claiming the company’s apple juice contained Jerusalem artichoke, which could not be detected with conventional testing methods.
Defended a proposed nationwide class action alleging that the company mislabeled certain hairstyling products as “sold exclusively in professional salons.” We resolved the case for a nominal amount before a suit was filed.
Represented the plaintiff in an MDL in the Southern District of New York involving defendants that negotiated a partial settlement of certain class and derivative claims. Our client chose to opt out of the settlement and file its claims against the defendants. We brought suit in the Delaware Court of Chancery as a result of losses sustained by our client on behalf of policyholders, caused by the defendant’s ultimate investment with Bernard Madoff. We asserted numerous claims including fraud and breach of contract. The case favorably settled prior to trial.
Defended broker-dealers in putative class action alleging fraud in the sale of securities. The case raised questions concerning the Securities Litigation Uniform Standards Act.
Defended the company and its senior officers against class claims brought under the Securities Exchange Act of 1934 and SEC Rule 10b-5 alleging material misrepresentations and omissions in the company's public statements and filings with the SEC. We obtained a final judgment in the U.S. District Court dismissing all claims against all clients after two years of litigation, and we defeated the plaintiffs’ appeal of that judgment in the First Circuit.
Defended class action securities fraud claims brought in federal court pursuant to the Securities Exchange Act of 1934, § 10 (b) and SEC Rule 10b-5 arising out of the collapse of a multinational language recognition software company.
Representation of a thrift bank and members of its board of directors in a putative class action against allegations that the bank and its directors deceptively manipulated interest rates payable on renewed certificates of deposit.
Defending two ERISA class actions brought in the District of New Jersey claiming that the hospital underfunded its pension plan.
Defense of an ERISA claim for benefits at a regional children’s hospital.
Representation of a distributor in claims arising out of the closure of several locations in New Jersey and the termination of an industry-wide pension plan and welfare plans. The cases involved class action claims by employees under ERISA and common law theories, breach of collective bargaining claims and third party claims by the Pension Benefit Guarantee Corporation.
Successful defense of an ERISA class action claiming the company sold disability policies with a Social Security offset. The District of New Jersey and the Third Circuit held that there was no violation of the anti-assignment provision of the Social Security Act.
Defended a putative class action where plaintiffs asserted claims under ERISA, including an alleged failure to pay benefits due under the Plan and alleged breach of fiduciary duty in failing to provide proper advice regarding the funding of the Plan.
Representation of a national insurance company in an action against 12 related companies alleging violations of RICO, ERISA and common law.
Defense of a corporate director against breach of fiduciary duty and related failure to investigate claims under ERISA. The claims relate to alleged losses resulting from the company plan’s $46 million investment in preferred stock of the Federal Home Loan Mortgage Corporation (“Freddie Mac”) and the Federal National Mortgage Association (“Fannie Mae”).
Defended a class action brought in Pennsylvania state court relating to recovery of no-fault post mortem work benefits.
Defended an ERISA class action in the District of New Jersey concerning severance pay and related employee benefits. Certification was denied and the individual claim was dismissed.
Represented a national retailer in a putative class action asserted on behalf of hourly workers in the retailer’s New York stores and obtained on summary judgment a complete dismissal of the action. We successfully narrowed discovery to a single issue of first impression in New York—whether deli department workers inside a large retail store are “restaurant” workers potentially eligible for additional wages under New York wage law. The outcome could have impacted the retailer’s New York stores significantly and potentially affected other retailers.
Defense of a claim of conspiring with a union to deprive non-association members of better benefits negotiated with association members. The suit was brought in the Southern District of New York on behalf of putative subclasses consisting of independent contractors and former independents who are now association members.
Co-counsel to a benefits provider in a class arbitration brought by in-network health providers who allege that they were not properly reimbursed according to their provider agreements and state prompt-payment laws.
Representation of a contractor in a class action alleging employees were denied overtime wages and break and meal periods required by California Wage Orders. The case settled following a mediation for millions less than estimated by the contractor’s prior law firm.
Representation in a class action brought under the Fair Labor Standards Act (FLSA) and various Illinois laws seeking wage payments allegedly denied to employees of temporary services firm used by the company.
Defended an FLSA collective action in which auto damage appraisers alleged that they were misclassified as exempt employees. Employees also alleged a denial of travel pay.
Representation in a FLSA collective action in which assistant store managers alleged that they were misclassified as exempt employees. The initial claim was tried to a jury that returned a verdict in favor of the employees but which was significantly less than the settlement amount they had demanded. The plaintiffs appealed and ultimately settled on a nationwide basis.
As national coordinating counsel, we defeated class certification efforts brought by life insurance policyholders in pro-plaintiff jurisdictions claiming misrepresentation and breach of fiduciary duty in the sale of life insurance products in 50 states. More than 30 putative class actions and hundreds of individual cases were filed in one of the nation's largest class action litigations. We resolved hundreds of opt-out cases throughout the country.
Represent the company and its board of directors in a shareholder class action in Connecticut state court seeking to rescind or enjoin a high-profile merger.
Defended policyholder's allegations in the District of Connecticut of charging illegally excessive premiums and premature rate increases in connection with Medicare supplement insurance policies, and defeated motion for class certification. Plaintiffs withdrew the action thereafter.
Representation in a class action brought by policyholders alleging failure to apply anti-theft and passive restraint discounts in calculating plaintiffs’ automobile insurance premiums.
Defense of putative nationwide class action in New York federal court seeking to invalidate standardized policy provisions that would reduce benefits for disability based upon insurer’s earnings. We defeated the class certification, and the decision was upheld on appeal.
Representation of a global accounting firm in a class action brought by bondholders, policyholders and the New Jersey Insurance Commissioner relating to the rehabilitation of a national insurance carrier.
Defended a putative class action claiming the HMO wrongfully obtained benefits as subrogation for collateral recoveries made by health insurance plan participants.
Defended a class action alleging failure to provide premium discounts for preventative measures, including use of passive restraint systems and alarms.
Trial counsel in the defense of MDLs and class action lawsuits seeking compensatory damages, medical monitoring and consumer fraud damages in connection with the sale of implantable medical devices.
National counsel in defense of the company’s highest profile medicine, with sales representing one-third of revenues). We established the model for case management in national products liability litigation. These federal cases, a number of which involved class action allegations, were consolidated as an MDL.
Representation as amicus curiae for a healthcare trade association before the New Jersey Supreme Court challenging certification of a nationwide class action alleging consumer fraud in connection with the marketing and sale of Vioxx.
Representation for over 35 years in defense of class actions in the DES litigation. We also defeated efforts to persuade New Jersey and New York courts to depart from settled principles of tort and contract liability.
Defended a processor of human tissue and bone in a series of class actions and a related MDL alleging violation of New Jersey and other consumer fraud/protection statutes and seeking medical monitoring following medical and dental procedures involving allegedly tainted biologics.
Representation in a putative class action alleging violation of the NJCFA and strict products liability in connection with the manufacture and sale of certain prosthetic implants.
Representation in a class action brought under the Fair Labor Standards Act (FLSA) and various Illinois laws seeking wage payments allegedly denied to employees of temporary services firm used by the company.