Kelley Drye's litigators have defended class actions across the United States, including plaintiff-friendly jurisdictions in California, Florida and Illinois. We have experience litigating class action claims in areas such as advertising, antitrust, consumer protection, employment discrimination, environmental, privacy, product liability, securities, unfair competition, and wage and hour.
Our class action clients include companies in many industries, such as consulting, computer hardware, consumer products, energy, financial services, health care, pharmaceuticals, retail, and telecommunications.
As with all litigation, we focus on early case assessment and the identification of strategies which will best advance our client's interests. These include evaluation of the options for moving for dismissal or removal, as well as making overtures for mediation or settlement, if necessary. Although trials in class actions are quite rare, our approach to staffing cases ensures that an experienced trial lawyer is planning for that possibility.
Our team is experienced in handling multiple related class actions in federal and state court, including working efficiently with co-counsel to defend claims against multiple defendants where mutual interests have been identified.
Representative Experience
- Represented one of the world's largest banking institutions in its defense of a class action securities claim made under Sections 11 and 12, arising out of the banks role as underwriter of an initial public offering. After Kelley Drye successfully argued that the class should not be certified, the matter settled on terms which were highly favorable to our client.
- Successfully represented various financial services companies in government enforcement and class action litigation, including, for example, a credit card issuer in litigation brought by the Department of Justice alleging violations of the Equal Credit Opportunity Act ("ECOA"), and a financial services company in a class action alleging violations of RICO arising from its provision of credit card services, leading to highly favorable settlements for clients.
- Defeated class certification in a putative nationwide class action challenging one of the largest computer manufacturers' promotional rebate policies and rebate fulfillment record. Plaintiffs attempted to certify a class of all unpaid rebate applicants and represented to the court that they would move for summary judgment as soon as a class was certified. Plaintiffs were pursuing a nine-figure judgment, but Kelley Drye defeated class certification after an extended hearing in which our team established that only individual hearings could resolve the predominating issue-whether a particular rebate application was valid or should have been rejected.
- Successfully defended a web-hosting company in a putative class action in the Superior Court of New Jersey against a class seeking $150 million in statutory damages. During the course of this action, we obtained rulings barring class certification in both the trial and appellate courts. The New Jersey Supreme Court affirmed denial of class certification.
- Led the defense of more than 30 class action cases brought against one of the largest wireless companies and its affiliates. We successfully petitioned for multidistrict litigation over the objections of several noted plaintiff class action firms, transferring over twenty cases to the Western District of Missouri. Once there, we entered a nationwide settlement with the original class plaintiff and ushered that agreement through the Western District of Missouri over the objections of several large plaintiff class action firms, and won an order staying all the remaining state cases pending final approval of the settlement. The transfer and resulting settlement was described by RCA Wireless, the industry publication, as a "major victory." The class action settlement was later affirmed by the Eighth Circuit and an objector's petition to the Supreme Court was denied.
- Represented one of the largest Internet service providers in several class action suits filed in Florida, California, Oklahoma, Illinois, and New Jersey. Not one case advanced to class certification, let alone a decision on the merits.
- Won an important victory for a national technology retailer when the company faced a class action complaint in the Circuit Court of Cook County, Illinois, that attacked its e-mail marketing campaign. The plaintiffs class action complaint alleged that the retailer's unsolicited e-mail advertisements sent to prospective purchasers of its products constituted unfair and deceptive business practices in violation of both the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Electronic Mail Act. The trial court dismissed the plaintiff's claim against the retailer because he was not actually deceived by the e-mail advertisement and because he had not purchased anything nor suffered any actual damage as a result of his receipt of the e-mail advertisement. The appellate court agreed and affirmed the trial court's dismissal of the claim against the retailer.
- Represented a worldwide footwear retailer in a consumer class action concerning gift cards, defending allegations of misleading disclosure of fees. We achieved a favorable settlement.
- Representing one of the largest energy companies in the world in a putative class action in the Eastern District of New York. The putative class comprises residents of Brooklyn who have been impacted by a claimed 17 million gallon spill of oil at a former refinery. ExxonMobil is a co-defendant. The case is in the class action discovery phase.
- Representing one of the largest energy companies in the world in putative class actions in local and federal courts in Puerto Rico related with respect to alleged liability for property damage and personal injuries associated with the explosion of a bulk storage fuel terminal at Bayamón.
- Represented one of the largest laboratory testing companies in the U.S. and obtained the dismissal of a putative class action brought by medical professionals who tested positive for consumption of alcohol.
- Represented a leading office equipment maker and two of its subsidiaries in the Southern District of New York, obtaining dismissal of a putative nationwide class action challenging the propriety of terms in the company's equipment leases. The Second Circuit affirmed the dismissal and also decided an issue where there is little developed law, holding that the plaintiff as a New York resident could not maintain a Connecticut Unfair Trade Practice Act ("CUTPA") class action since the CUTPA statute only permits Connecticut residents to do so.
- Successfully resolved antitrust class action claims against a major New York City hospital arising out of its alleged participation in a conspiracy to restrict the board certification of emergency medicine practitioners.
- Representing a large generic drug manufacturer in a class action that alleges violations of consumer protection statutes across the country in connection with drug sales and drug pricing (particularly as it concerns the Medicare program). Our client is one of several defendants. With the help of a mediator, we achieved a settlement of all claims against multiple defendants. The settlement was given preliminary approval recently and we hope for final approval shortly.
- Representing India's largest conglomerates in a putative class action in the United States District Court for the Northern District of California. Plaintiffs are employees who were hired by the Defendants in India and then "deputed" to the United States. They allege that the Defendants unlawfully converted their tax refunds and committed wage and hour violations, among other things. The matter is still pending.
