Mark Johnson has broad and extensive experience in the defense of complex class action lawsuits, having handled over 50 class actions in state and federal courts across the country. Once certified as a class action, even a relatively small case can become a massive undertaking for any business to defend, not only because of the risks of an adverse result, but also because of the costs of defense and the time of personnel assisting in that defense. Selection of counsel experienced in class actions, who can aggressively defend the critical question of whether to certify a class action in an effective yet cost-efficient manner, is an important decision for a business.
Mr. Johnson and his team work closely with clients to develop a hands-on strategy to attack class certification, including measures to defeat class allegations before expensive and time-consuming discovery. When faced with a certified class, he has the experience and resources available to leverage technology to manage the massive data typically involved in class actions, whether through databases that render complex data understandable or through presentation programs to the judicial decision maker.
Some of the more notable reported court decisions in which he has been involved include:
Mr. Johnson has developed broad-ranging experience in defending insurance companies in several significant statewide and nationwide class actions, some of which included millions of class members. He has defended insurers in class actions on such issues as motor vehicle property damage estimating practices, motor vehicle diminution in value, the sale of uninsured/underinsured motorist insurance coverage, uninsured motorist property damage coverage, the calculation of homeowners’ loss claims, interest on claims, bodily injury estimating software, motor vehicle total loss claims and total loss valuation methods, salvage titles, workers’ compensation insurance premiums, hail loss and other roofing claims, windshield repair claims, medical payments coverage, nonduplication clauses and many others.
Mr. Johnson’s class action experience extends beyond the defense of the insurance industry. He has defended businesses such as transportation companies, healthcare providers and systems, real estate management groups and petrochemical companies in class actions involving recovery of residential security deposits, terminated employee benefits and retiree healthcare benefits, motor carrier leasing regulations, Equal Credit Opportunity Act claims and mass torts. He also successfully defended insurance broker defendants in seven nationwide class actions involving shipping insurance fees that were consolidated before the Southern District of New York by the Judicial Panel on Multidistrict Litigation.
On behalf of the chemical industry, he was one of the lead attorneys who successfully defeated certification in class actions brought on behalf of thousands of residents against a multinational petrochemical company in southeast Ohio as a result of an explosion at a chemical plant. Mr. Johnson was also part of the lead defense team of another major chemical company in a class action in Lorain County, Ohio, arising from an explosion at a chemical plant. Mr. Johnson was one of the lead team members defending a FORTUNE 50 company in consolidated class actions asserting securities fraud and ERISA claims, and he has successfully defended a franchisor against class claims brought by franchisees.
Mr. Johnson is a frequent author and presenter on class actions and emerging trends in class certification to industry organizations, trade groups, corporate counsel, lawyers and law students. In addition, he has consulted with and spoken before legislators on proposed legislation impacting class actions.
Mr. Johnson has received an AV rating from Martindale-Hubbell.
11/8/2011 - Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements
6/10/2011 - Ninth Circuit Finds Jurisdiction Over a Foreign Company Based on its Subsidiary’s Contacts in the United States
4/28/2011 - Supreme Court Upholds Arbitration Agreement With Class Action Waiver