Class Action Defense – Energy

Overview

Energy companies facing class action litigation need a defense team that can handle the complexities of large-scale litigation, as well as the unique business, regulatory and legal issues impacting the energy sector. The Energy Class Action Defense team at BakerHostetler combines a deep and broad class action practice with focused, energy-specific experience in order to provide top-notch class action defense representation to a wide range of energy clients, including:

  • Global oil and gas companies
  • Natural gas processors
  • Natural gas utility companies
  • Electric companies
  • Petrochemical plants
  • Pipeline companies
  • Oil field service companies
  • Mining and metals companies
  • Energy service providers
The BakerHostetler Advantage

Our seasoned class action defense lawyers represent public and private companies 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. At trial, our litigators are armed with solid defense strategies and in-depth knowledge of the issues at hand and we have an outstanding track record of success obtaining early victories, whether by defeating class certification, obtaining a dismissal of claims, or negotiating favorable settlement terms. As a result of our exceptional reputation and notable class action successes, our Class Action Defense team was named a Law360 “Practice Group of the Year” in 2014.

Additionally, by drawing on the knowledge of the members of our nationally recognized energy practice, we are able to address the unique energy issues involved in class action litigation. Since many of our energy lawyers have technical degrees or have worked in-house with major energy companies and have received recognition from such organizations as Chambers Global in the field of energy, we are able to leverage our hands-on experience with our litigation skill to defend energy clients in connection with complex energy-specific issues.

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Unique Insight
  • Emergency response/catastrophe assessment
  • State consumer fraud acts
  • Royalty disputes
  • Fair Labor Standards Act (FLSA)
  • Wage and hour
  • Privacy and data protection
  • Telephone Consumer Protection Act (TCPA)
  • Personal injury claims
  • Investigation, operational response and enforcement actions
  • Individual opt-out cases
  • Oil spills
  • Securities

Select Experience

  • Represented a natural gas utility in the investigation, operational response, enforcement actions, class actions and individual opt-out cases arising from spills of mercury from service pressure regulators in the homes of more than 1,000 customers.
  • Represented an energy company in a race discrimination action brought by five individual plaintiffs seeking class certification under Ohio law, alleging that they were denied employment opportunities, training, promotions and benefits based on race; were paid at a lower rate than white employees; and/or were subject to a hostile, offensive and/or discriminatory working environment.
  • Defended a Texas-based energy provider in a putative Telephone Consumer Protection Act (TCPA) class action alleging that the defendant sent unsolicited “robo-calls” to the plaintiff and other utility customers. After obtaining a dismissal with prejudice of the Texas action based on a novel mootness theory, the plaintiff refiled the lawsuit in New York and asserted a new claim under a New York statute.
  • Defeated class certification of mass tort claims arising from an explosion at a petrochemical plant, which was affirmed on appeal, and defended a class action claim, several wrongful death claims of employees, OSHA penalties, environmental contamination cleanup and related claims.
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Experience

  • Represented a natural gas utility in the investigation, operational response, enforcement actions, class actions and individual opt-out cases arising from spills of mercury from service pressure regulators in the homes of more than 1,000 customers.
  • Represented an energy company in a race discrimination action brought by five individual plaintiffs seeking class certification under Ohio law, alleging that they were denied employment opportunities, training, promotions and benefits based on race; were paid at a lower rate than white employees; and/or were subject to a hostile, offensive and/or discriminatory working environment.
  • Defended a Texas-based energy provider in a putative Telephone Consumer Protection Act (TCPA) class action alleging that the defendant sent unsolicited “robo-calls” to the plaintiff and other utility customers. After obtaining a dismissal with prejudice of the Texas action based on a novel mootness theory, the plaintiff refiled the lawsuit in New York and asserted a new claim under a New York statute.
  • Defeated class certification of mass tort claims arising from an explosion at a petrochemical plant, which was affirmed on appeal and defended a class action claim, several wrongful death claims of employees, OSHA penalties, environmental contamination cleanup and related claims.
  • Defended a major pipeline company in a class action arising from an oil spill in Louisiana, including defeating class certification and obtaining a favorable settlement on remaining claims.
  • Defended a petroleum company in a case arising from the explosion of a chemical plant, with a certified class of over 10,000 neighboring residents alleging personal injury, property damage, real property diminution in value and evacuation claims. Our emergency response team assisted in dealing with OSHA, EPA (federal and state) and the local emergency response commission. We responded to multiple toxic tort class action suits filed after the incident.
  • Acted as lead counsel for a major energy company, handling thousands of claims and related litigation from an oil spill in Louisiana, including the successful defense of attempts to certify a class of plaintiffs in a Louisiana trial court to bring more than $10 million in damages.

News

Publications

Blog

In The Blogs

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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
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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Class Action Lawsuit Defense
Corporation and Its Managers Held in Civil Contempt for Failing to Comply With Settlement Final Approval Order
September 26, 2017
Last month, Global Fitness Holdings LLC and its four managers were held in civil contempt for failure to comply with a final order approving a class action settlement. Gascho v. Global Fitness Holdings, LLC, S.D. Ohio No. 2:11-cv-436 (Aug...
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Class Action Lawsuit Defense
Seventh Circuit Rejects Subway Footlong Class Settlement as a “Racket”
September 19, 2017
A recent Seventh Circuit decision pushed back on a proposed settlement of the Subway “footlong sub” class action, finding the proposed settlement a “racket” designed to benefit class counsel without any benefit to the class. The story...
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Class Action Lawsuit Defense
Ninth Circuit again finds Article III standing in Spokeo: The injury was particularized in round one, and it’s concrete in round two.
August 23, 2017
The Spokeo saga continues. As our sister blog, the Data Privacy Monitor, reported here, the United States Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1550 (2016) (Spokeo II) vacated and remanded a Ninth...
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