Class Action Defense

"BakerHostetler brings tremendous value to the table. They provide first-rate service, and I am always confident that they possess the intellectual wherewithal that our company would require on any matter."

– Chambers USA 2012

When millions—or even billions—of dollars are on the line, clients choose BakerHostetler’s Class Action Defense team based on our track record of early victories achieved through defeat of class certification, securing dismissal of the claims of the class representatives and negotiating favorable settlements.

Our seasoned litigators represent organizations in high-stakes, statewide, and nationwide class action litigation 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. We are known for supervising the administration of class action settlements with classes comprising millions of members.

At trial, our litigators go to battle armed with solid defense strategies and have a scorecard of class action litigation victories and appellate wins in circuit and state supreme courts. Strong relationships with local counsel, witnesses skilled in relevant subject matter and due process testimonial specialists throughout the country are an integral part of our defense arsenal.

We offer an interdisciplinary approach that seamlessly combines the sharp procedural skills of our litigators with the hands-on experience and in-depth regulatory knowledge of practice-specific teams to provide comprehensive service in all areas of class action litigation. Working with our privacy and data protection lawyers, we successfully defended some of the most significant data breach class action cases in the country on behalf of large, national financial institutions and top healthcare organizations. For more detailed information about our class action practice in each area, visit the following pages:

We also defend clients in class action cases relating to antitrust matters, employment, environmental matters and securities.

Select Experience

  • Successfully defended a major telecommunications company in a nationwide class action brought by retailers seeking unpaid sales commissions. Working in cooperation with attorneys from two other law firms and numerous experts, we were successful in mitigating the effects of electronic discovery sanctions imposed prior to the firm’s involvement in the case and the case was settled on favorable terms for the client weeks before it was scheduled to go to trial.
  • Defeated class certification in a landmark class certification analysis conducted by the Ohio Supreme Court that makes it more difficult to certify classes in Ohio. In its decision, the court expressly adopted recent U.S. Supreme Court precedent, holding that Ohio trial courts may need to review the merits of a plaintiff’s claim when reviewing a class certification motion. The court also rejected overly broad classes in which some members were not harmed and held that a trial court’s denial of certification should be affirmed, even if it was denied for improper reasons.
  • Defeated class certification for a major insurance company in a consumer fraud class action involving the sale of uninsured/underinsured motorist coverage.
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Professionals

Name Title Office Email
Robert G. Abrams Partner Washington, D.C.
Stanley C. Ball Associate Chicago
Melonia A. Bennett Associate Columbus
Mary Price Birk Partner Denver
Brian C. Blair Partner Orlando
Frank Blechschmidt Associate Chicago
David M. Brown Associate Philadelphia
John F. Bruce Counsel Washington, D.C.
Daniel J. Buzzetta Partner New York
Sam Camardo Associate Cleveland
David A. Carney Partner Cleveland
Diane P. Chapman Partner Cleveland
Trischa Snyder Chapman Associate Columbus
Dennis O. Cohen Partner New York
Casie D. Collignon Partner Denver
Rodger L. Eckelberry Partner Columbus
Joseph E. Ezzie Partner Columbus
Guenther Karl Fanter Partner Cleveland
Michael K. Farrell Partner Cleveland
José C. Feliciano Partner Cleveland
Ryan Fischbach Partner Los Angeles
Eric R. Fish Partner New York
Danyll W. Foix Partner Washington, D.C.
Jessie M. Gabriel Partner New York
Randal L. Gainer Partner Seattle
Lisa M. Ghannoum Partner Cleveland
Joel C. Griswold Partner Chicago
Kristen N. Hawes Associate Orlando
Ronald L. Hellbusch Staff Attorney Denver
Xakema L. Henderson Associate Denver
Curt Roy Hineline Partner Seattle
Carl W. Hittinger Partner Philadelphia
Lan Hoang Partner New York
Scott C. Holbrook Partner Cleveland
Dean D. Hunt Partner Houston
Peter W. James Partner Los Angeles
David R. Jarrett Partner Houston
Mark A. Johnson Partner Columbus
Paul G. Karlsgodt Partner Denver
Bonnie L. Keane Associate Chicago
Mark A. Kornfeld Partner New York
John B. Lewis Partner Cleveland
Patrick T. Lewis Partner Cleveland
Jerry R. Linscott Partner Orlando
Jacqueline K. Matthews Associate Columbus
Michael R. Matthias Partner Los Angeles
Elizabeth B. McCallum Partner Washington, D.C.
Rand L. McClellan Partner Columbus
Gregory V. Mersol Partner Cleveland
Michael Dominic Meuti Partner Cleveland
Elliot Morrison Associate Cleveland
Michael E. Mumford Partner Cleveland
Ronald S. Okada Partner Chicago
Benjamin D. Pergament Partner New York
P. Alexander Quimby Associate Orlando
Lora M. Reece Partner Cleveland
Deborah H. Renner Partner New York
Jocelyn R. Roy Staff Attorney Washington, D.C.
Andrew E. Samuels Associate Columbus
Miriam Schimmel Counsel Los Angeles
Elizabeth A. Scully Partner Washington, D.C.
Anthony M. Sharett Partner Columbus
Douglas L. Shively Associate Cleveland
Julie Singer Brady Partner Orlando
Nicole A. Skolout Counsel
James A. Slater Partner Cleveland
Terry L. Sullivan Partner Seattle
Robert J. Tucker Partner Columbus
Christa Cowart Turner Partner Orlando
George J. Tzanetopoulos Partner Chicago
Ernest E. Vargo Partner Cleveland
Douglas A. Vonderhaar Associate Columbus
Brett A. Wall Partner Cleveland
Keesha N. Warmsby Associate Columbus
Daniel R. Warren Partner Cleveland
Thomas D. Warren Partner Cleveland
Justin T. Winquist Associate Denver
James C. Winton Partner Houston

Experience

  • Successfully defended a major telecommunications company in a nationwide class action brought by retailers seeking unpaid sales commissions. Working in cooperation with attorneys from two other law firms and numerous experts, we were successful in mitigating the effects of electronic discovery sanctions imposed prior to the firm’s involvement in the case and the case was settled on favorable terms for the client weeks before it was scheduled to go to trial.
  • Defeated class certification in a landmark class certification analysis conducted by the Ohio Supreme Court that makes it more difficult to certify classes in Ohio. In its decision, the court expressly adopted recent U.S. Supreme Court precedent, holding that Ohio trial courts may need to review the merits of a plaintiff’s claim when reviewing a class certification motion. The court also rejected overly broad classes in which some members were not harmed and held that a trial court’s denial of certification should be affirmed, even if it was denied for improper reasons.
  • Defeated class certification for a major insurance company in a consumer fraud class action involving the sale of uninsured/underinsured motorist coverage.
  • Defending a large, regional supermarket chain in six class action matters related to a data breach in which 2.4 million customers’ credit card numbers were illegally obtained, including one case claiming that the chain failed to adequately protect its credit and debit card processing systems.
  • Defeated a putative class action brought against a national insurance company by auto body shops in Ohio claiming that the insurer does not pay a competitive labor rate for the geographic region in which the shop is located and that it does not pay for certain repair processes and materials.
  •  Represented a national call center company in two bet-the-company, putative federal class action lawsuits asserting fraud claims. Plaintiffs alleged that the company misrepresented various facts during solicitation calls that it placed on behalf of some of the world’s largest charities. By reviewing thousands of recorded phone calls, we illustrated that the allegedly uniform misrepresentations seldom occurred and varied in form. We opposed the plaintiffs’ class-certification motion, filing an e-brief that illustrated the differences from call to call using embedded audio files and secured an extremely favorable class-wide settlement.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • The Best Lawyers in America© 2014: Nine team members recognized
  • Law360: Class Action "Practice Group of the Year" (2014)
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation
  • "Super Lawyers" 2012: Twelve team members named 
  • Super Lawyers "Rising Stars" 2012: Five team members named
  • Who's Who in America: Several team members listed
  • Who's Who in the Law: Several team members listed

News

Press Releases

Alerts

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Key Contacts

Blog

In The Blogs

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Class Action Lawsuit Defense
Sanctions Imposed on Five Attorneys for Class Settlement Forum Shopping
August 15, 2016
Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse decision” in...
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Class Action Lawsuit Defense
Signed, sealed, delivered, but not dismissed: the Sixth Circuit takes on Campbell-Ewald’s offered vs. delivered distinction
By Stanley C. Ball
August 10, 2016
Following the Supreme Court’s January decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) that a defendant cannot moot a plaintiff’s individual claim by simply offering to satisfy the plaintiff’s demand before a motion for class...
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Class Action Lawsuit Defense
Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial
July 29, 2016
The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to prove compliance...
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Class Action Lawsuit Defense
Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo
July 19, 2016
  In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing...
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Class Action Lawsuit Defense
First Circuit Subscribes to a Minority View: Free App Users Allowed to Proceed With Privacy Class Action Under the Video Privacy Protection Act
June 30, 2016
In Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st Cir. Apr. 29, 2016), the First Circuit held that users of free mobile applications, or “apps,” can bring a claim against an online service provider...
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