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
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...
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Class Action Lawsuit Defense
D.C. Circuit vacates FCC's definition of ATDS but upholds consent-revocation rule in ACA International v. Federal Communications Commission
By Sam Camardo
March 29, 2018
In 2015, the FTC issued an order that addressed certain aspects of the Telephone Consumer Protection Act. Congress enacted the TCPA in 1991 to address perceived abuses of telephone equipment that allowed entities to autodial consumers’...
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Class Action Lawsuit Defense
Supremes Hold SLUSA Is Clear – 33 Act Class Claims Stay in State Court
By Cody S. Wigington
March 22, 2018
Yesterday, the United States Supreme Court, in a unanimous decision, handed class action plaintiffs a victory by holding that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) allows them to pursue alleged violations of the...
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Class Action Lawsuit Defense
Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification
March 5, 2018
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the...
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Class Action Lawsuit Defense
The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts
February 21, 2018
As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333...
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