Class Action Defense

Overview

Our nationwide Class Action Defense team represents companies, institutions and organizations facing class actions across a broad spectrum of industries, including food and beverage, healthcare, insurance, retail, telecommunications, technology, finance and professional services. We have successfully defended companies against class certification, securing dismissal of class representatives’ claims and negotiating favorable settlements.

With more than 80 attorneys on our Class Action Defense team, we provide comprehensive representation in high-stakes statewide and nationwide 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 also supervise the administration of class action settlements with classes comprising millions of members.

Our team has successfully defended some of the most significant class action cases in the country on behalf of national financial institutions, retailers, hospitality companies and healthcare organizations, among others, and we are widely recognized for achieving favorable outcomes for our clients in these complex matters.

Our Class Action Defense team has particularly extensive experience in the following areas:

  • Advertising
  • Antitrust
  • Banking
  • Consumer
  • Energy
  • Environmental
  • Food and Beverage
  • Hospitality
  • Healthcare
  • Insurance
  • International
  • Privacy and data breach and protection
  • Products liability
  • Retail
  • Securities
  • Tax

Select Experience

  • Represented an American brewing company in a consumer class action against allegations of false and deceptive advertising and unfair business practices related to the packaging, labeling, and advertising of nonalcoholic malt beverages. The case was successfully dismissed on a 12(b)(6) motion and, while the case was on appeal to the Ninth Circuit, the plaintiff voluntarily dismissed the case with prejudice for no consideration.
  • Obtained a favorable appellate ruling in the 8th Circuit on behalf of a gaming retailer. The court ruled that the company did not violate its privacy policy by incorporating Facebook features into its subscription-based online gaming services, making it one of the most significant developments in privacy litigation in recent years.
  • Obtained summary judgment for an insurance company in a consumer class action alleging under-valuations and underpayments of actual cash value on property and loss claims. The court granted both motions in limine to exclude plaintiffs’ experts, and granted summary judgment on all plaintiffs’ claims, which mooted their motion for class cert which was therefore also denied.
  • Served as counsel for a bankruptcy trustee seeking to recover funds for the victims of a $200+ million Ponzi scheme, including a resounding victory before the 6th Circuit. Convinced the appeals court to reinstate fraudulent transfer and civil conspiracy claims against a lender that knowingly funded the scheme.
  • Obtained a reversal by the 7th Circuit in a major class action against an insurance company. The district court certified claims for roof damage following a hailstorm that would have compelled the reinspection of thousands of roofs. The court of appeals reversed, applying groundbreaking principles of class certification under Rule 23(b)(2).
  • Obtained a reversal by the Ohio Supreme Court of a certified class under Rule 23(b)(2) and (3) of more than 100,000 policyholders during a 22-year class period involving windshield repairs. The trendsetting decision advanced fundamental class certification principles.
  • Defended a financial services company and its officers in a series of ERISA “stock drop” cases involving a company stock fund that lost considerable value during a two-year period. We obtained a dismissal based on standing grounds in the district court, a judgment that was affirmed by the 6th Circuit.
  • Represented the nation’s largest product certification and testing organization in a putative nationwide class action challenging the client’s testing protocols. Successfully defeated class certification, leading the named plaintiffs to dismiss their claims.
  • Represented an e-commerce company in a consumer fraud class action alleging that the company violated Missouri’s Merchandising Practices Act by installing flash cookies on the computers of consumers who visited the company’s website.
More »

Professionals

Name Title Office Email
Associate Los Angeles
Partner Los Angeles
Associate Denver
Associate New York
Partner Atlanta
Partner Orlando
Associate Chicago
Associate Cleveland
Partner New York
Partner Cleveland
Partner Cleveland
Partner Cleveland
Partner Columbus
Partner Los Angeles
Partner Denver
Associate Denver
Partner Cleveland
Partner Chicago
Partner Cleveland
Associate Columbus
Partner Columbus
Associate Columbus
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Los Angeles
Associate New York
Partner New York
Partner Washington, D.C.
Partner Cleveland
Associate Denver
Partner Chicago
Partner Columbus
Partner Cleveland
Partner Seattle
Partner Philadelphia
Partner New York
Partner Cleveland
Partner Houston
Partner Atlanta
Partner Houston
Partner Columbus
Partner Denver
Partner Washington, D.C.
Partner Chicago
Partner Cleveland
Partner Cleveland
Partner Columbus
Partner Orlando
Associate Houston
Partner Los Angeles
Partner Cleveland
Partner Los Angeles
Partner Washington, D.C.
Partner Columbus
Associate Orlando
Partner Cleveland
Partner Washington, D.C.
Partner Cleveland
Partner Chicago
Associate Costa Mesa
Partner Columbus
Partner New York
Partner Houston
Associate Cleveland
Counsel Orlando
Staff Attorney Washington, D.C.
Partner Washington, D.C.
Partner Washington, D.C.
Partner Cleveland
Partner New York
Partner Orlando
Partner Cleveland
Partner Los Angeles
Associate Cleveland
Associate Denver
Partner Chicago
Partner Cleveland
Partner Columbus
Partner Orlando
Partner Cleveland
Associate Columbus
Partner Cleveland
Partner Cleveland
Partner San Francisco
Partner Atlanta
Counsel Columbus
Associate Columbus

Experience

  • Represented an American brewing company in a consumer class action against allegations of false and deceptive advertising and unfair business practices related to the packaging, labeling, and advertising of nonalcoholic malt beverages. The case was successfully dismissed on a 12(b)(6) motion and, while the case was on appeal to the Ninth Circuit, the plaintiff voluntarily dismissed the case with prejudice for no consideration.
  • Obtained a favorable appellate ruling in the 8th Circuit on behalf of a gaming retailer. The court ruled that the company did not violate its privacy policy by incorporating Facebook features into its subscription-based online gaming services, making it one of the most significant developments in privacy litigation in recent years.
  • Obtained summary judgment for an insurance company in a consumer class action alleging under-valuations and underpayments of actual cash value on property and loss claims. The court granted both motions in limine to exclude plaintiffs’ experts, and granted summary judgment on all plaintiffs’ claims, which mooted their motion for class cert which was therefore also denied.
  • Served as counsel for a bankruptcy trustee seeking to recover funds for the victims of a $200+ million Ponzi scheme, including a resounding victory before the 6th Circuit. Convinced the appeals court to reinstate fraudulent transfer and civil conspiracy claims against a lender that knowingly funded the scheme.
  • Obtained a reversal by the 7th Circuit in a major class action against an insurance company. The district court certified claims for roof damage following a hailstorm that would have compelled the reinspection of thousands of roofs. The court of appeals reversed, applying groundbreaking principles of class certification under Rule 23(b)(2).
  • Obtained a reversal by the Ohio Supreme Court of a certified class under Rule 23(b)(2) and (3) of more than 100,000 policyholders during a 22-year class period involving windshield repairs. The trendsetting decision advanced fundamental class certification principles.
  • Defended a financial services company and its officers in a series of ERISA “stock drop” cases involving a company stock fund that lost considerable value during a two-year period. We obtained a dismissal based on standing grounds in the district court, a judgment that was affirmed by the 6th Circuit.
  • Represented the nation’s largest product certification and testing organization in a putative nationwide class action challenging the client’s testing protocols. Successfully defeated class certification, leading the named plaintiffs to dismiss their claims.
  • Represented an e-commerce company in a consumer fraud class action alleging that the company violated Missouri’s Merchandising Practices Act by installing flash cookies on the computers of consumers who visited the company’s website.

Recognition

  • Chambers USA: Litigation
    • Litigation: General Commercial (Ohio) – Band 2 (2020)
    • Litigation: General Commercial (Colorado) – Recognized (2019)
    • Retail: National – Band 3 (2020)
  • Law360: Class Action "Practice Group of the Year" (2014)
  • 15 class action defense attorneys earned rankings on the Best Lawyers in America© 2022 list
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation.
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

Blog

In The Blogs

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Class Action Lawsuit Defense
BakerHostetler Releases Insurance Class Action Update
By Mark A. Johnson
May 19, 2022
The Class Action Defense team released its Insurance Quarterly Report covering the fourth quarter of 2021 and the first quarter of 2022. Included in the report are updates and analyses about property and casualty class action lawsuits...
Read More ->
Class Action Lawsuit Defense
The U.S. Supreme Court Agrees to Hear Case Regarding Whether State Business Registration Requirements Can Create General Personal Jurisdiction
By Ali I. Haque
May 3, 2022
The U.S. Supreme Court has agreed to consider whether the Due Process Clause of the Fourteenth Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction as a condition to doing business in the state...
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Class Action Lawsuit Defense
Concrete and Particularized Part II: What Spokeo May Mean for Class Actions
May 20, 2016
This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class...
Read More ->
Class Action Lawsuit Defense
Supreme Court Holds That Plaintiffs Must Allege Concrete and Particularized Injury To Have Standing To Assert FCRA Claim
May 16, 2016
Today, the U.S. Supreme Court decided Robins v. Spokeo, Inc., which addressed the question of whether a plaintiff has satisfied Article III’s injury-in-fact standing requirement by alleging a statutory violation but no concrete injury. Our...
Read More ->
Class Action Lawsuit Defense
CFPB Announces Proposed Ban to Mandatory Class Action Waivers in Arbitration Agreements
May 12, 2016
Our Financial Services Blog recently posted about the Consumer Financial Protection Bureau’s (CFPB) Notice of Proposed Rulemaking on a proposed rule to prohibit covered institutions from including, in most core consumer contracts...
Read More ->