Class Action Defense

Overview

"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
Partner Washington, D.C.
Counsel Cleveland
Associate Columbus
Associate Seattle
Partner Orlando
Associate Philadelphia
Counsel Washington, D.C.
Partner New York
Associate Cleveland
Partner Cleveland
Partner Cleveland
Associate Columbus
Partner Denver
Associate Cleveland
Associate Chicago
Partner Houston
Partner Columbus
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Los Angeles
Partner New York
Partner Washington, D.C.
Partner New York
Partner Seattle
Partner Cleveland
Partner Chicago
Partner Cleveland
Associate Houston
Associate Denver
Partner Seattle
Partner Philadelphia
Partner New York
Partner Cleveland
Partner Houston
Partner Los Angeles
Partner Houston
Partner Columbus
Partner Denver
Partner New York
Partner Cleveland
Partner Cleveland
Partner Orlando
Partner Los Angeles
Partner Washington, D.C.
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Cleveland
Partner Chicago
Associate Los Angeles
Partner New York
Associate Orlando
Counsel Cleveland
Partner New York
Staff Attorney Washington, D.C.
Associate Columbus
Partner Washington, D.C.
Associate Cleveland
Partner Orlando
Partner Cleveland
Associate Denver
Partner Columbus
Partner Orlando
Partner Chicago
Partner Cleveland
Associate Columbus
Partner Cleveland
Associate Columbus
Partner Cleveland
Partner Cleveland
Associate Atlanta
Associate Denver
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

News

Press Releases

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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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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Class Action Lawsuit Defense
Sixth Circuit Requires Actual Economic Injury for Price Comparison Class Actions
August 21, 2017
Earlier this week, the Sixth Circuit flatly rejected a bid by a consumer to recover damages allegedly caused by Wish.com’s advertised price comparisons (opinion available here). The online marketplace uses struck-through manufacturers’...
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Class Action Lawsuit Defense
Carter v. The Dial Corporation: The First Circuit Washes Its Hands of Clarifying Ascertainability in Class Actions
August 15, 2017
We previously wrote about the split among the circuit courts of appeal over the ascertainability requirement for class certification and whether self-identifying consumer affidavits—e.g., an affidavit in which a consumer attests that he or...
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Class Action Lawsuit Defense
Game Over: Supreme Court Unanimously Rejects Xbox Plaintiffs' Attempt to Create Appellate Review
By Andrew M. Serrao
August 9, 2017
In April, we reported on the oral argument in Microsoft Corp. v. Baker, a Supreme Court case addressing whether putative class members may obtain appellate review of orders denying class certification by voluntarily dismissing their...
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