We understand that defending class actions can be costly and if not managed properly can pose a substantial risk to our clients' business interests. To combat these risks we have assembled a team of over 20 attorneys that specialize in managing every phase of class action litigation. Our collective expertise enables us to effectively and efficiently defend any type of class action. The lawyers in our group focus their practices in a number of substantive areas that are regularly the subject of class actions including Antitrust and Consumer Protection Litigation, Insurance Coverage, Bad Faith and Regulatory Litigation, Employee Benefits, Fiduciary Duty, Trade Secret and Unfair Competition Litigation, Financial Institutions and Subprime Litigation, Medical Liability Defense, Product Liability Defense and Securities. Our class action clients include life and health insurers, banking and financial institutions, retailers, manufacturers, health care providers and pharmaceutical companies. In recent years, we have defended over 100 class actions in state and federal courts filed across the country, often by well-known national plaintiffs' class action firms. We have a successful track record of handling all phases of class actions, including removal to federal court, early dismissal by dispositive motions, defeat of motions for class certification, winning summary judgments, obtaining voluntary dismissals and negotiating favorable global settlements. We also have the experience and tools necessary to handle the special discovery challenges that often arise in cases of this magnitude and we coordinate closely with our E-Discovery and Discovery Management team to manage discovery in an efficient and cost effective manner. We have organized and successfully completed several large-scale document productions, many of which involved the production of millions of “hard copies” and electronic files. Experience - Curtis, et al. v. Northern Life Insurance Company, King County Superior Court, Seattle, Washington, No. 01-2-18578-1 SEA. As lead defense counsel, we obtained a summary judgment on behalf of Northern Life Insurance Company dismissing a Washington statewide class' claims for breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and breach of the Washington Consumer Protection Act. The allegations related to Northern's interest crediting practices on its fixed deferred annuities. Our defense team also successfully defeated the Plaintiffs' attempt earlier in the case to certify a nationwide class.
- Morris M. Garrett, et al. v. USG Annuity & Life Company, Campbell Circuit Court, Div. 1, Case No. 97-CI-00949. As lead defense counsel we obtained Rule 12 dismissal of all claims concerning annuity product interest crediting and marketing in this nationwide class action, which was affirmed by the Kentucky Court of Appeals and later the Kentucky Supreme Court.
- Gina L. Lynch, et al. v. USG Annuity & Life Company, U.S.D.C., E.D.Tex. at Beaumont, No. 1:99CV-530. We served as lead defense counsel in this Beaumont, Texas, nationwide class action concerning annuity product interest crediting and marketing. After an initial round of discovery, we were able to secure voluntary dismissal of all class claims against our client.
- Rosa Addison, et al. v. Life of Georgia Insurance Company, et al., South Carolina Court of Common Pleas, Third Judicial Circuit, Civil Action No. 01-CP-31-299; David Addison v. Life of Georgia, et al., South Carolina Court of Common Pleas, Third Judicial Circuit, Civil Action No. 01-CP-31-300; & Timothy Kinlaw, et al v. Life of Georgia, et al. North Carolina Superior Court, Robeson County, Civil Action No. OCV-01019. We served as lead defense counsel against South Carolina and North Carolina class claims in these companion statewide class actions concerning life insurance sales practices and participated in settlement negotiations that culminated in a favorable global settlement for our client.
- Paul Bradshaw, Jr., et al. v. Commonwealth Life Insurance Company, et al., Jefferson Circuit Court, Division 3, No. 01-CI-03332. We obtained a Rule 12 dismissal on behalf of defendant insurance agents in an alleged statewide class action concerning the marketing of life insurance products.
- Carol A. Ward, et al. v. Alternative Health Delivery Systems, Inc., et al., Jeff. Cir. Ct., Div. 3, No. 97-CI-05177. We negotiated a favorable settlement for our client in this alleged statewide class action involving ERISA pre-emption and allegations of consumer fraud.
For more information |
|
