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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Professionals

Name Title Office Email
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Cleveland
Partner Columbus
Partner Denver
Partner New York
Partner Cleveland
Partner Columbus
Partner New York
Partner Columbus
Partner Cleveland
Partner Cleveland

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

News

Publications

Key Contacts

Blog

In The Blogs

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Class Action Lawsuit Defense
The Top 10 Class-Action-Related Developments of 2017
January 10, 2018
2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those cases...
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Class Action Lawsuit Defense
Kentucky Federal Court Brushes Aside Pre-emptive Attack on Class Allegations in Phishing Case, Rejects Out-of-the-Box Defense Strategy
By David M. McMillan
December 28, 2017
Brushing aside apparent flaws in a proposed class definition, a federal court in Kentucky declined to dismiss class allegations against North Carolina-based pharmacy services provider Pharm-Save Inc. (Pharm-Save) stemming from a W-2...
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Class Action Lawsuit Defense
Seventh Circuit Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment
November 20, 2017
On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that the defendant...
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Class Action Lawsuit Defense
TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent
November 13, 2017
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act (TCPA). The...
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Class Action Lawsuit Defense
Eleventh Circuit Outlines the Key to an Individual Arbitration Agreement
By Gretchen L. Jewell
October 10, 2017
The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017), the plaintiffs brought a putative class action...
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