Class Action Defense - Appeals

Overview

Skilled in all phases of class action appeals, BakerHostetler’s Class Action Defense team represents clients before federal and state appellate courts in class certification appeals and appeals on the merits.

With decades of litigation experience, our attorneys are adept at creating persuasive written briefs and presenting strong and convincing oral arguments. We have successfully represented clients in appeals of class certification rulings and related issues in both state and federal courts.

Members of our Class Action Defense team have partnered with our national appellate team in preparing amicus briefs in several U.S. Supreme Court cases involving class action issues, including The Standard Fire Insurance Company, Petitioner v. Greg Knowles, Respondent and Comcast Corporation, et al., Petitioners, v. Caroline Behrend, et al., Respondents.

Select Experience

  • Represented one of the largest national auto insurance companies in defense of an appeal of the denial of class certification in an action challenging specification of non-OEM body parts in covered repairs. Denial of class action affirmed on appeal.
  • Obtained key reversal in the Seventh Circuit of class certification in a major property damage class action against one of the nation’s largest insurers. In addition to saving our client tens of millions of dollars in reinspection and repair costs, the appellate court’s decision also established groundbreaking new principles in class certification rules.
  • Obtained affirmance of summary judgment in Florida court of appeals in favor of a national title insurer, eliminating client’s potential exposure to class damages in the range of $50 to $100 million. The decision also relieved title insurers throughout the state of liability in similar cases pending in trial courts.
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Experience

  • Represented one of the largest national auto insurance companies in defense of an appeal of the denial of class certification in an action challenging specification of non-OEM body parts in covered repairs. Denial of class action affirmed on appeal.
  • Obtained key reversal in the Seventh Circuit of class certification in a major property damage class action against one of the nation’s largest insurers. In addition to saving our client tens of millions of dollars in reinspection and repair costs, the appellate court’s decision also established groundbreaking new principles in class certification rules.
  • Obtained affirmance of summary judgment in Florida court of appeals in favor of a national title insurer, eliminating client’s potential exposure to class damages in the range of $50 to $100 million. The decision also relieved title insurers throughout the state of liability in similar cases pending in trial courts.
  • Achieved victory on behalf of a large regional bank with a Sixth Circuit decision providing greater assurance to Ohio banks that they cannot be held liable for alleged fraudulent activities of account holders years after those activities occur and that there is finality to commercial transactions involving negotiable instruments.
  • Successfully defended on appeal the decertification of class in putative class action against title insurance company seeking discounts on title insurance. The decision reaffirmed strict adherence to the class-action requirement of predominance and introduced the concept of the impermissible “fail-safe” class to the Sixth Circuit.
  • Successfully obtained review and reversed certification of class against telephone provider in Ohio Supreme Court on grounds that it is proper to evaluate the merits of plaintiffs’ claims when considering class certification requirements, extending Walmart v. Dukes to Ohio law.
  • Successfully defended on appeal the denial of class certification in putative class action against insurance company seeking payment of interest on settlements.

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)
  • 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.

News

Publications

Blog

In The Blogs

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Class Action Lawsuit Defense
Eleventh Circuit Stands Firm – No Incentive Awards for Class Representatives
By Kamran B. Ahmadian
August 12, 2022
Nearly two years after it issued its initial decision in Johnson v. NPAS Sols., LLC, in which it held incentive awards for class representatives to be per se unlawful, the United States Court of Appeals for the Eleventh Circuit denied a...
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Class Action Lawsuit Defense
Florida Requires Concrete Injury For Standing - Class Action Defense
By Joel Griswold
July 14, 2022
On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v...
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Class Action Lawsuit Defense
The Demand Curve Problem for UCL Class Actions
By Brian A. Troyer
June 1, 2022
A recent opinion from a California federal court, Mier v. CVS Pharmacy, Inc. et al., No. 8:20-cv-01979-DOC-ADS, slip op. (C.D. Cal. May 9, 2022),touches on an aspect of econometric modeling that class action defense counsel should...
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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...
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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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