Class Action Defense

"BakerHostetler brings tremendous value to the table. They provide first-rate service, and I am always confident that they possess the intellectual wherewithal that our company would require on any matter."
– Chambers USA 2012

When millions—or even billions—of dollars are on the line, clients choose BakerHostetler’s Class Action Defense team based on our track record of early victories achieved through defeat of class certification, securing dismissal of the claims of the class representatives, and negotiating favorable settlements.

Our seasoned litigators represent organizations in high-stakes, statewide, and nationwide class action litigation in every facet of class action proceedings—from removal under the Class Action Fairness Act, to motions to dismiss, class certification proceedings, discovery, trial, settlement, and appeal. We are known for supervising the administration of class action settlements with classes comprising millions of members.

At trial, our litigators go to battle armed with solid defense strategies and have a scorecard of class action litigation victories and appellate wins in circuit and state supreme courts. Strong relationships with local counsel, witnesses skilled in relevant subject matter, and due process testimonial specialists throughout the country are an integral part of our defense arsenal.

We offer an interdisciplinary approach that seamlessly combines the sharp procedural skills of our litigators with the hands-on experience and in-depth regulatory knowledge of practice-specific teams to provide comprehensive service in all areas of class action litigation. Working with our privacy and data protection lawyers, we successfully defended some of the most significant data breach class action cases in the country on behalf of large, national financial institutions and top healthcare organizations. For more detailed information about our class action practice in each area, visit the following pages:

We also defend clients in class action cases relating to antitrust matters, employment, environmental matters, and securities.

Select Experience

  • Successfully defended a major telecommunications company in a nationwide class action brought by retailers seeking unpaid sales commissions. Working in cooperation with attorneys from two other law firms and numerous experts, we were successful in mitigating the effects of electronic discovery sanctions imposed prior to the firm’s involvement in the case and the case was settled on favorable terms for the client weeks before it was scheduled to go to trial.
  • Defeated class certification in a landmark class certification analysis conducted by the Ohio Supreme Court that makes it more difficult to certify classes in Ohio. In its decision, the court expressly adopted recent U.S. Supreme Court precedent, holding that Ohio trial courts may need to review the merits of a plaintiff’s claim when reviewing a class certification motion. The court also rejected overly broad classes in which some members were not harmed and held that a trial court’s denial of certification should be affirmed, even if it was denied for improper reasons.
  • Defeated class certification for a major insurance company in a consumer fraud class action involving the sale of uninsured/underinsured motorist coverage.
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Professionals

Name Title Office Email
Robert G. Abrams Partner Washington, D.C.
Stanley C. Ball Associate Chicago
Melonia A. Bennett Associate Columbus
Mary Price Birk Partner Denver
Brian C. Blair Partner Orlando
John F. Bruce Counsel Washington, D.C.
Daniel J. Buzzetta Partner New York
Sam Camardo Associate Cleveland
David A. Carney Partner Cleveland
Diane P. Chapman Partner Cleveland
Trischa Snyder Chapman Associate Columbus
Dennis O. Cohen Partner New York
Casie D. Collignon Partner Denver
Rodger L. Eckelberry Partner Columbus
Joseph E. Ezzie Partner Columbus
Guenther Karl Fanter Partner Cleveland
Michael K. Farrell Partner Cleveland
José C. Feliciano Partner Cleveland
Ryan Fischbach Partner Los Angeles
Eric R. Fish Partner New York
Danyll W. Foix Partner Washington, D.C.
Jessie M. Gabriel Partner New York
Lisa M. Ghannoum Partner Cleveland
Joel C. Griswold Partner Chicago
Ronald L. Hellbusch Staff Attorney Denver
Xakema L. Henderson Associate Denver
Carl W. Hittinger Partner Philadelphia
Lan Hoang Partner New York
Scott C. Holbrook Partner Cleveland
Dean D. Hunt Partner Houston
Peter W. James Partner Los Angeles
David R. Jarrett Partner Houston
Mark A. Johnson Partner Columbus
Paul G. Karlsgodt Partner Denver
Bonnie L. Keane Associate Chicago
Mark A. Kornfeld Partner New York
John B. Lewis Partner Cleveland
Patrick T. Lewis Partner Cleveland
Joanne Lichtman Partner Los Angeles
Jerry R. Linscott Partner Orlando
Jacqueline K. Matthews Associate Columbus
Michael R. Matthias Partner Los Angeles
Elizabeth B. McCallum Partner Washington, D.C.
Rand L. McClellan Partner Columbus
Gregory V. Mersol Partner Cleveland
Michael Dominic Meuti Partner Cleveland
Elliot Morrison Associate Cleveland
Michael E. Mumford Partner Cleveland
Ronald S. Okada Partner Chicago
Benjamin D. Pergament Partner New York
P. Alexander Quimby Associate Orlando
Lora M. Reece Partner Cleveland
Deborah H. Renner Partner New York
Jocelyn R. Roy Staff Attorney Washington, D.C.
Andrew E. Samuels Associate Columbus
Miriam Schimmel Counsel Los Angeles
Elizabeth A. Scully Partner Washington, D.C.
Judy Selby Partner New York
Anthony M. Sharett Partner Columbus
Douglas L. Shively Associate Cleveland
Julie Singer Brady Partner Orlando
Nicole A. Skolout Counsel Los Angeles
James A. Slater Partner Cleveland
Terry L. Sullivan Partner Seattle
Robert J. Tucker Partner Columbus
Christa Cowart Turner Partner Orlando
George J. Tzanetopoulos Partner Chicago
Ernest E. Vargo Partner Cleveland
Douglas A. Vonderhaar Associate Columbus
Brett A. Wall Partner Cleveland
Keesha N. Warmsby Associate Columbus
Daniel R. Warren Partner Cleveland
Thomas D. Warren Partner Cleveland
Justin T. Winquist Associate Denver
James C. Winton Partner Houston

Experience

  • Successfully defended a major telecommunications company in a nationwide class action brought by retailers seeking unpaid sales commissions. Working in cooperation with attorneys from two other law firms and numerous experts, we were successful in mitigating the effects of electronic discovery sanctions imposed prior to the firm’s involvement in the case and the case was settled on favorable terms for the client weeks before it was scheduled to go to trial.
  • Defeated class certification in a landmark class certification analysis conducted by the Ohio Supreme Court that makes it more difficult to certify classes in Ohio. In its decision, the court expressly adopted recent U.S. Supreme Court precedent, holding that Ohio trial courts may need to review the merits of a plaintiff’s claim when reviewing a class certification motion. The court also rejected overly broad classes in which some members were not harmed and held that a trial court’s denial of certification should be affirmed, even if it was denied for improper reasons.
  • Defeated class certification for a major insurance company in a consumer fraud class action involving the sale of uninsured/underinsured motorist coverage.
  • Defending a large, regional supermarket chain in six class action matters related to a data breach in which 2.4 million customers’ credit card numbers were illegally obtained, including one case claiming that the chain failed to adequately protect its credit and debit card processing systems.
  • Defeated a putative class action brought against a national insurance company by auto body shops in Ohio claiming that the insurer does not pay a competitive labor rate for the geographic region in which the shop is located and that it does not pay for certain repair processes and materials.
  •  Represented a national call center company in two bet-the-company, putative federal class action lawsuits asserting fraud claims. Plaintiffs alleged that the company misrepresented various facts during solicitation calls that it placed on behalf of some of the world’s largest charities. By reviewing thousands of recorded phone calls, we illustrated that the allegedly uniform misrepresentations seldom occurred and varied in form. We opposed the plaintiffs’ class-certification motion, filing an e-brief that illustrated the differences from call to call using embedded audio files and secured an extremely favorable class-wide settlement.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • The Best Lawyers in America© 2014: Nine team members recognized
  • Law360 "Practice Group of the Year" (2014)
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation
  • "Super Lawyers" 2012: Twelve team members named 
  • Super Lawyers "Rising Stars" 2012: Five team members named
  • Who's Who in America: Several team members listed
  • Who's Who in the Law: Several team members listed

News

Press Releases

Alerts

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Key Contacts

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In The Blogs

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Class Action Lawsuit Defense
BakerHostetler Class Action Webinar – February 10th at Noon (ET)
February 8, 2016
Please join BakerHostetler’s Class Action Defense and Financial Services Teams on February 10, 2016 from 12:00 to 1:15pm EST for an informative webinar entitled “The New Class Action Risks for 2016 in Consumer Financial Services.” Webinar...
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Class Action Lawsuit Defense
The Seventh Circuit Revisits Standing for Data Breach Class Actions
February 5, 2016
One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate against the...
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Class Action Lawsuit Defense
Arkansas Federal Court to Consider Sanctioning Attorneys for Using Federal Jurisdiction as “Bargaining Chip” in Negotiating State-Court Class Settlement
January 27, 2016
In Adams et al. v. United Services Automobile Ass’n et al., W.D. Ark. No. 2:14-cv-02013, Chief District Judge P.K. Holmes III of the Western District of Arkansas will soon decide whether to sanction attorneys who negotiated a class...
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Class Action Lawsuit Defense
Supreme Court Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions
January 21, 2016
Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live controversy remains...
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Class Action Lawsuit Defense
Supreme Court Disconnects Plaintiffs’ Attempt to Avoid Class Arbitration Waiver
December 16, 2015
In a 6-3 decision yesterday, the Supreme Court in DirecTV, Inc. v. Imburgia, 577 U.S. ___, S. Ct. (2015) reversed a decision of the California Court of Appeals that refused to enforce a class action arbitration waiver on unconscionability...
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