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.
More »

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

  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Chambers USA 2017: Two Attorneys Listed
    • Paul Karlsgodt
    • Daniel Warren
  • Best Lawyers in America® 2017: Seven Attorneys Listed
    • Rodger Eckelberry
    • Joe Ezzie
    • Mark Johnson
    • Richard Knoth
    • Jerry Linscott
    • George Tzanetopoulos
    • Dan Warren
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation

Publications

Key Contacts

Blog

In The Blogs

Previous Next
Class Action Lawsuit Defense
The US Supreme Court's Ruling in American Pipe Does Not Extend to Allow Tolling of Statutes of Limitation in Successive Class Actions
June 13, 2018
In a unanimous decision, the Supreme Court has limited the reach of its landmark decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), which tolled the statute of limitations applicable to a timely filed putative class...
Read More ->
Class Action Lawsuit Defense
State Court Adoption of Comcast v. Behrend
By Albert G. Lin, Rand L. McClellan
June 11, 2018
In Comcast v. Behrend, 569 U.S. 27 (2013), the United States Supreme Court clarified the requirements for establishing that classwide injury and damages predominate over individual issues for the purposes of FRCP 23(b)(3). In particular...
Read More ->
Class Action Lawsuit Defense
2018 Class Action Landscape
May 15, 2018
In 2016, the Supreme Court issued a landmark decision in Campbell-Ewald Co. v. Gomez, resolving a circuit split on whether an unaccepted offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure could moot a named...
Read More ->
Class Action Lawsuit Defense
Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?
May 11, 2018
Proposed amendments to the class action settlement process in Federal Rule of Civil Procedure 23(e) are scheduled to take effect on Dec. 1, 2018. One of the proposed amendments requires that “[t]he parties must provide the court with...
Read More ->
Class Action Lawsuit Defense
Federal Authorities Continue to Monitor Proposed Class Action Settlements
By Douglas A. Vonderhaar
April 18, 2018
Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel are improperly benefiting at the expense of class...
Read More ->