Class Action

RESULTS

Proven experience, client focus and winning results are the hallmark of Alston & Bird’s national class action practice. From obtaining dismissal of claims at the outset of litigation, to defeating class certification, to winning in the United States Supreme Court, our attorneys successfully defend all variety of class actions including:

• Antitrust, unfair competition and deceptive trade practices
• Breach of contract and warranty, fraud, and consumer statutory claims
• Employment
• Environmental
• ERISA
• Insurance
• Products liability
• Securities

We routinely litigate “bet-the-company” cases against the country’s most prominent class action firms. And we have a stellar win-loss record. We have successfully used a number of defense strategies, including removal to federal court under the Class Action Fairness Act, using arbitration clauses to defeat class certification, managing electronic discovery, developing a factual record to defeat the class representative’s individual claim pre-certification, and striking class expert testimony under Daubert and Frye. Across the spectrum of legal claims, we have achieved victories for our clients.

SCOPE

We have the resources and experience to litigate any conceivable class action anywhere in the United States in any court and at any stage of the proceedings. We litigate class actions at both the trial and appellate levels throughout the country; we have defended clients in class actions in more than 40 states within the past three years alone. We have litigated in courts ranging from the United States Supreme Court, where we have two recent class action victories, to some of the more plaintiff-friendly jurisdictions in the country, including Southern Illinois, Los Angeles and South Florida. No matter the adversary, forum or claim, we have the skill, experience and resolve to defend our clients.

CONFIDENCE

We understand that our clients value cost effective results, not hours of effort. Because we have confidence in our class action abilities, we are willing to partner with our clients in creative alternative fee arrangements. For our class action practice, we thus offer volume discounts, discounted rates with reward factors, flat fees, flat fees for stages of litigation, capped fees, blended rates, contingency fees and combinations of these alternative fee arrangements.

RECENT VICTORIES

Antitrust, unfair competition and deceptive trade practices

• Represented Equifax in antitrust class action in the C.D. California alleging violations by three national credit-reporting agencies of Section 2 of the Sherman Act; we achieved a dismissal of all claims, which the 9th Circuit affirmed.
• Represented Equifax in another antitrust action in the S.D. Ohio alleging monopolization and conspiracy violations; we achieved a dismissal of all claims, which the 6th Circuit affirmed.
• Represented Louisiana Pacific in multibillion-dollar direct and indirect antitrust class actions in the E.D. Pennsylvania, after replacing a national law firm with 40 days left in discovery; we secured a settlement for a tiny fraction of the damages claim.
• Represented Certified Automobile Parts Association in putative antitrust class action in the N.D. California, twice obtaining dismissals of the claims on the pleadings; case back at the trial court for plaintiff’s third attempt to move the case forward.
• Represented Borden, Inc. in the defense of criminal bid-rigging prosecutions on the federal and state level, followed by several price-fixing class actions brought in the N.D. Georgia by retailers in Florida and Virginia; we defeated class certification and/or obtained summary judgment in each action.
• Represented Safeco Insurance Company as lead trial counsel in a putative nationwide class action in Madison County, Illinois, alleging conspiracy in the aftermarket replacement parts industry; successfully moved to have Safeco dismissed from the action.

Breach of contract and warranty, fraud, and consumer statutory claims

• Represented a leading maker of wireless handsets in state court putative consumer class actions in Denver and Los Angeles, alleging consumer fraud and breach of warranty; we obtained dismissal of these suits.
• Represented a Fortune 50 telecommunications company in the M.D. Florida in a class action alleging RICO violations in connection with phone companies’ inclusion of allegedly fraudulent third-party providers’ charges on phone companies’ bills; we obtained dismissal of all claims brought by the putative class and successfully defended the dismissal in the 11th Circuit.

Employment

• Represented a leading telecommunications company before the 11th Circuit in a case where a class of its former sales representatives made claims for unpaid wages and unjust enrichment; we obtained an order from the 11th Circuit reversing class certification.
• Represent another Fortune 50 telecommunications company in two consolidated class action suits in the N.D. Georgia, one of which we had transferred from the N.D. Alabama, where the plaintiffs claim that they have not been paid for overtime, allegedly violating the Fair Labor Standards Act; we successfully opposed the plaintiffs in the Georgia case’s motion for conditional certification. The Alabama plaintiffs then decided not to move for conditional certification.
• Represent a leading IT staffing company in the M.D. Florida in a case where the plaintiff contends that she, as well as a class she seeks to represent, is entitled to overtime pay for carrying a Blackberry for 72 hours per week and responding to messages during both her regular and “off” hours; we defeated class certification.

Environmental

• Represented Continental Carbon Company in a putative environmental pollution class action in Alabama state court alleging diminution of property value and business losses; we defeated class certification.
• Represented a leading specialty chemical manufacturer in a mass tort environmental class action in the N.D. Georgia alleging personal injury and property damage claims allegedly caused by pesticide-related chemicals; we obtained dismissal of several claims and negotiated a highly favorable settlement.
• Represent United States Pipe and Foundry Company, LLC, a subsidiary of Mueller Water Products, in the N.D. Alabama in a putative class action filed against U.S. Pipe and four other defendants in Alabama state court alleging that the defendants’ foundry operations caused them personal injury and property damage; we removed the case to federal district court based on the Class Action Fairness Act, which the 11th Circuit affirmed.
• Represent Flexible Products Company, a subsidiary of The Dow Chemical Company, in a putative class action in the N.D. Alabama alleging that underground coal miners suffer respiratory problems due to exposure to certain products; we defeated Plaintiffs’ claims for wantonness/willfulness, fraudulent suppression, conspiracy and breach of warranty on 12(b)(6) grounds.

ERISA

• Represented BellSouth Corp. and various individuals in the N.D. Georgia against three class actions arising from investments in BellSouth stock through a 401(k) plan; we defeated class certification and obtained a favorable settlement.
• Represented a leading database administrator in a class action filed in the N.D. Georgia alleging breach of fiduciary duties under 29 U.S.C. Section 1132(a)(2), ERISA Section 502(a)(2), in relation to investment by a 401(k) plan in the client’s stock; we won dismissal of all claims and settled the case on very favorable terms.
• Represented a leading network and communications company and several individual defendants in a class action filed in New Jersey district court alleging breach of fiduciary duties under 29 U.S.C. Section 1132(a)(2), ERISA Section 502(a)(2), in relation to investment by 401(k) plans in the client’s stock; we won dismissal of all claims, which the 3d Circuit affirmed.
• Represented a Fortune 100 consumer products company in a class action filed in the N.D. Georgia alleging breach of fiduciary duties pursuant to 29 U.S.C. Section 1132(a)(2), ERISA Section 502(a)(2), in relation to investment by a 401(k) plan in the client’s stock; we obtained a complete dismissal of the client and various defendants in this and two identical class actions.

Insurance

• Represented Safeco Insurance Company in a nationwide class action alleging that Safeco willfully violated the Fair Credit Reporting Act by failing to give the statutorily required notice of "adverse action." The U.S. Supreme Court found in Safeco’s favor, and on remand, we obtained judgment in Safeco's favor.
• Successfully defended Safeco Insurance Company in more than 40 putative class actions over the past decade, including original equipment manufacturer parts vs. after market parts litigation, diminished value litigation, total loss litigation, installment service fee litigation, credit scoring litigation/Fair Credit Reporting Act, insured to value/replacement costs litigation, extended PIP coverage litigation, variable commissions litigation, medical payment litigation, Colossus litigation, and hurricane coverage litigation.
• Represented a Fortune 100 personal lines property and casualty insurer in the E.D. Louisiana in a putative class action alleging that the client’s use of credit-based insurance risk scoring was racially discriminatory and seeking damages and injunctive relief on several grounds; we won summary judgment.
• Represented a Fortune 100 personal lines property and casualty insurer in the M.D. Florida in a lawsuit seeking damages as well as declaratory and injunctive relief for breach of contract, breach of fiduciary duty and anticipatory breach; we obtained a dismissal in the M.D. Florida and then successfully defended the appeal before the 11th Circuit.
• Represented a Fortune 100 personal lines property and casualty insurer in the E.D. Pennsylvania in a putative class action seeking damages and declaratory relief for alleged violations of the Fair Credit Reporting Act; we obtained dismissal in the E.D. Pennsylvania, which the 3d Circuit affirmed.
• Represented a Fortune 500 health and life insurer in a policyholder class action in Madison County, Illinois, alleging that pre-need life insurance policies are inferior to life insurance policies and do not maintain cash surrender values as promised; we negotiated settlement for a nominal amount on an individual plaintiff basis.

Products liability

• Successfully defended a leading maker of wireless handsets in more than 20 consumer product cases in California, Florida, Louisiana, Texas, Alabama, Illinois, Massachusetts, New York, Michigan, Colorado, Ohio and Kentucky. Each case involved allegations that the client’s product contained a design or manufacturing defect that caused personal injury or property loss and that the client failed to adequately warn consumers of the product’s dangerous characteristic. We obtained favorable results in every case resolved to date.
• Represented a leading shopping mall developer, owner and manager in litigation related to its gift cards in the Superior Court of Cobb County, Georgia; the court granted our motion to dismiss, a decision the Georgia Supreme Court affirmed.
• Represented Denny's, Inc. in purported class actions in the Superior Court of New Jersey and the N.D. Illinois involving allegations related to the sodium content of Denny's food; we won dismissal of these consumer fraud cases.
• Represented a Fortune 100 consumer products company in consumer fraud class action in the D. New Jersey related to a sparkling green tea beverage; we won summary judgment, which the 3d Circuit affirmed on appeal.

Securities

• Represented Scientific Atlanta, a Cisco Company, in connection with a putative securities class action pending in the E.D. Missouri where plaintiffs alleged that Scientific Atlanta violated Section 10(b) and Rule 10b-5 by entering into a business transaction with Charter Communications about which Charter allegedly made false statements to Charter's shareholders. The U.S. Supreme Court affirmed the district court’s ruling that there is no private cause of action for aiding and abetting liability under the federal securities laws.
• Represented a leading network services provider in the N.D. Georgia in a securities class action filed against that company and certain of its former officers; court dismissed complaint due to Plaintiffs’ failure to satisfy the heightened pleading requirements that apply to Section 10(b) and Rule 10b-5 claims under the Private Securities Litigation Reform Act.
• Represented a leading health management company and certain of its officers and directors in the M.D. Tennessee in connection with a putative securities class action; we successfully opposed certification of the proposed class where discovery of the designated representatives revealed that they were subject to unique defenses under the securities laws that put them at odds with other class members, thereby rendering them inadequate and atypical under Fed. R. Civ. P. 23.
• Represented a leading wholesale energy marketer and certain officers and directors in a putative securities class action pending in the N.D. Georgia that alleged violations of Section 10(b) of the 1934 Act and Section 11 of the 1933 Act; the court dismissed all claims in the complaint with prejudice.
• Represented a Fortune 500 bottling company and certain present and former officers and directors in a series of putative securities class actions in the N.D. Georgia alleging violations of several securities laws; we won dismissal of the Amended Complaint, and we won dismissal of the Second Amended Complaint with prejudice.