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Products Liability, Mass Torts & Consumer Class Actions

Consumer Class Actions

Manufacturers and retailers regularly face putative class actions involving not only product liability claims but also alleged violations of various consumer fraud statutes.

We possess both substantial trial experience and industry knowledge to address scientific, technical, engineering design, and complex medical issues in class action and multi-jurisdictional litigation. Our lawyers are well-versed in the substantive federal and state laws that have spurred increased putative class action filings and the applicable rules controlling class action litigation. We regularly practice before the Judicial Panel on Multidistrict Litigation and have broad expertise employing creative initial and long-term procedural and substantive dispositive strategies, including strategies to limit initial discovery. The innovative strategies we employ often result in broad, swift dismissals of otherwise challenging actions.

McCarter has handled a wide variety of class actions, multidistrict litigations and other multi-claimant proceedings involving substantial corporate exposure and requiring creative lawyering and coordination among outside counsel, in-house counsel and the business units. We have decades of experience proactively challenging class action claims, defending against the certification of class actions and, if certified, defending against the claims on their merits.

As national counsel to several top insurance companies, pharmaceutical companies, and consumer product manufacturers and sellers, McCarter has negotiated and managed some of the nation’s most significant class action settlements.

Representative Matters

Pharmaceutical manufacturer—Multi-state class action

Represented a pharmaceutical manufacturer in a multi-state class action alleging violation of certain state consumer protection statutes.

Energy company—Consumer fraud class action

Represented an energy company in a consumer protection class action in New York federal court. 

Major consumer electronics manufacturer—Summary judgment

Obtained summary judgment in favor of a major consumer electronics manufacturer in a putative class action alleging defective DVD players based on the class representative’s failure to establish an ascertainable loss under the New Jersey Consumer Fraud Act.

Multinational home appliance manufacturer—Class action

Represented a manufacturer in a class action alleging violation of New Jersey consumer protection statutes.

Sporting equipment manufacturer—Class action

Represented a manufacturer in a class action alleging violation of New Jersey consumer protection statutes.

Tools and equipment retailer—Class action

Represented a retailer in a class action alleging violation of New Jersey consumer protection statutes.

National car rental business – New Jersey federal breach of contract and consumer fraud class action

Defended the holding company for multiple branded car rental services in a New Jersey federal court putative class action asserting claims for breach of contract, unjust enrichment, and violation of New Jersey’s Consumer Fraud Act (CFA) over allegations that, among other things, the client “knowingly” double charged drivers for already-paid tolls.

Automotive service retailer—Consumer protection

Secured the dismissal, with prejudice, of a New Jersey federal class action targeting an automotive service retailer for alleged violations of the NJ Consumer Fraud Act, the NJ Auto Repairs Regulations, and the Truth in Consumer Contract Warranty and Notice Act, among other claims. All claims were dismissed with prejudice in an unpublished written opinion.

Fortune 50 retailer—Class actions

National Counsel for Fortune 50 retailer in defense of several nationwide class actions alleging consumer fraud and violation of various state consumer protection statutes.

Supermarket cooperative—Class action

Counsel for regional supermarket cooperative in defense of class action lawsuit alleging fraud in connection with the collection of state sales tax revenue.

International products manufacturer—Class action litigation and FCC/FTC claims

Represented an international products manufacturer in a class action arising out of allegations that the manufacturer violated provisions of the Telephone Consumer Protection Act. The client faced multi-million dollar exposure due to federally mandated penalties. We prevented class certification through efficient, targeted discovery and were able to resolve the matter successfully for the client at a significant savings.  Natalie now is advising that company and others in FTC and FCC compliance to avoid litigation in the first instance.

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Our Team
Insights Awards Stars
News|Recognition
The Best Lawyers in America Recognizes 61 McCarter Attorneys in 2021 Referral Guide, Names Seven “Lawyer of the Year”
The Best Lawyers in America
8.20.2020
Insights Awards Stars
News|Recognition
The Best Lawyers in America Recognizes 60 McCarter Attorneys in 2020 Referral Guide, Names Six “Lawyer of the Year”
Best Lawyers
8.15.2019
Insights News Headline Stack
News|Press
NJ Supreme Court’s Oral Argument of Consumer Class Action Case
Law360
9.12.2018
Insights Publication Magazine Open Stack
Publications|Alert
TCPA: The Next Wave of Class-Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages
Consumer Class Action Alert
2.14.2017
Insights Publication Magazine Stack
Publications|Alert
If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act
Class Actions & Insurance Coverage Alert
2.23.2016
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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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