Class Actions

Representative Experience

• Represented publicly traded toy company in 23 consumer class actions filed in state and federal courts across the country arising from the recall of wooden toys due to potential excess lead levels in surface paint. The toys were made in China and the litigation and recalls broke in a "perfect storm" of media coverage regarding allegedly defective and dangerous products produced in China. The class action complaints alleged claims for consumer fraud, breach of warranty, unjust enrichment and other claims. We were able to consolidate the 18 federal class actions into an MDL proceeding in Chicago and we resolved 23 class actions filed in state and federal courts across the country within 16 months of the first filing. Our client’s competitor, Mattel, which also faced lead toy recall issues and class action litigation at about the same time, spent millions more in defense costs, and the settlement eventually reached was much more expensive.
• Represented national retailer in defending against allegations of up-selling in its auto centers. We reached agreements with AGs in 48 states to resolve claimed consumer fraud issues.
• Represented telecom provider in a NAAG working group investigation and litigation in which 22 AGs led by Illinois asserted claims against the company alleging its ads for long distance rates were deceptive and violated consumer fraud acts. We were able to negotiate a favorable consent decree to resolve the matter for the company.
• Represented the target corporate and individual defendants in the case In Re Ready-Mix Antitrust Litigation, in the Southern District of Indiana, and in collateral federal (DOJ and the Federal Highway Administration) and state (Indiana and Kentucky) investigations and a civil claim by the State of Indiana. The civil class actions (which were filed after the clients entered guilty pleas) were settled after extensive damages and expert discovery and included no allocation for punitive or treble damages. The claim by the State of Indiana was also settled on terms favorable to the client. Despite the initiation of federal and state debarment proceedings following the clients' guilty pleas, neither the corporate client nor any affiliates or subsidiaries were precluded from bidding on federal or state contracts.
• Represented a group of corporate plaintiffs as opt-outs from a class action antitrust lawsuit against the manufacturers and distributors of explosives sold to mining companies. The representation resulted in recovery of over $60 million for Ice Miller's clients, which exceeded the recovery of the plaintiff class.
• Defended a publicly traded national broadband provider in a Telephone Consumer Protection Act class action alleging it sent unsolicited text messages to a putative class. We employed a preemptive settlement offer strategy by making a complete settlement offer to a named plaintiff to moot its claim and destroy standing. We were able to obtain dismissal of the case with no discovery.
• Represent national physician staffing firm in Telephone Consumer Protection Act class actions pending in two different states related to the alleged sending of unsolicited faxes.
• Represented one of the Chicago area's largest health care systems, with 10 hospitals and 2 integrated children's hospitals, in FACTA class action litigation alleging company violated the FACTA amendments to the FCRA by printing improper account information on credit and debit card receipts in payment transactions.
• Represented a baby bottle manufacturer against several nationwide class actions which were part of an MDL involving the major baby bottle companies. The claims focused upon the company's baby bottles, which contained trace amounts of Bisphenol-A, a chemical building block that is used in polycarbonate plastic. Although none of the plaintiffs claimed any injury due to the Bisphenol-A and the FDA repeatedly affirmed that Bisphenol-A was safe for use in baby bottles (which is a food contact application), plaintiffs sought damages and contended that the bottle manufacturers had a duty to inform the public of the difference in opinion among scientists regarding BPA (despite the FDA's review of the various studies and scientific determination that BPA is safe). Plaintiffs sought damages based upon alleged misrepresentations, omissions, breach of express and implied warranty, breach of various state consumer fraud acts and/or unfair and deceptive practices acts, and unjust enrichment. Although several of the counts were dismissed in Motions to Dismiss, the claims for violations of state consumer fraud and/or unfair and deceptive practices acts, breach of implied warranty, and unjust enrichment remained for class determination. Subsequently, the court denied the plaintiffs' motion to certify a nationwide class and/or a state class.
• Represented a petroleum supplier in multiple suits in multiple states alleging unfair pricing practices under the Petroleum Marketing Practices act.
• Represented large regional bank in consumer class action relating to data breach of over 30 million credit card numbers, and successfully defeated motion for class certification.
• Represented consortium of drug manufacturers in consumer fraud class action relating to Average Wholesale Pricing of generic drugs.
• Represented chain of Chicago area fitness centers in consumer fraud class action alleging client membership agreements violated the Illinois Physical Fitness Services Act.
• Successfully defended a putative class action relating to alleged improper calculation of the interest rate on a promissory note.
• Represented large mortgage servicing company in consumer actions relating to robo-signing of affidavits in foreclosure proceedings.
• Represented one of the world's largest grocery retailers in consumer protection suit alleging that the company's prescription refill authorization system attempted to send consumer unauthorized faxes.
• Represent a national transportation and logistics company in a class action relating to employee claims for unpaid wages for pre-and post-trip work and delay time we filed a Rule 12(b)(6) Motion to Dismiss, which the Court granted on the basis of federal preemption.
• Represented retailer in several class actions based upon alleged violations of federal wage and hour laws. A favorable settlement was reached on behalf of client.
• Presently defending a transportation and logistics company in a putative class action relating to alleged violations of California state laws relating to overtime compensation.
• Defended hospital in putative class action relating to Medicaid billing claims. We filed Rule 12(B)(6) motion, which resulted in dismissal of the putative class action complaint.
• Defeated class certification in a case in which we represent a company involved in modernization of Indiana's Medicaid program. Plaintiffs alleged claims of negligence and violation of due process (breach of contract claims were dismissed), and sought to certify statewide class based on Defendants' alleged failure to properly maintain benefits pending appeal.