Class Action Litigation
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They are stellar quality and very successful in class action defense. - Chamber USA, 2022Win Early
From the day a class action complaint is filed, Kirkland digs into the claims and masters the facts, routinely winning dismissals on the pleadings. Our focus on early resolution saves our clients from incurring years of litigation expenses. We have secured dispositive motion victories in every type of class action, from consumer fraud and product liability cases, to antitrust and shareholder suits, among others.
Defeat Class Certification
Kirkland has a proven record because we understand that building a foundation to defeat class certification should be at the forefront of a client’s defense strategy from the very outset of the case. All affirmative and defensive discovery, all filings and arguments submitted to the court, and all expert testimony must be prepared with an eye toward defeating the elements for class certification.
Defeat Objectors
Kirkland’s success at trial is the reason that our clients turn to us time and again to handle their biggest and most difficult matters. However, we also understand that there are times when the best result for a client faced with a class action may be a class-wide settlement and a broad release of claims. Where proceeding to trial is in not in the best interest of our clients, our reputation as a firm of trial lawyers produces more favorable settlements than would have otherwise been possible. We routinely have been successful in securing favorable class action settlements despite vigorous objections, and have followed through to win any necessary appeals.
Experience
Dow Chemical Co.
Henry, et al. v. Dow Chemical Co. (Mich. Cir. Ct.; Mich. Ct. App.; Mich.)
Defended Dow in a massive toxic tort class action involving more than 50,000 landowners and residents alleging they and their property had been exposed to high levels of dioxin in contaminated soil from Dow's manufacturing facility near the Tittabawassee River floodplain. The plaintiffs sought recovery for property value diminution and medical-monitoring. Early in the case, Kirkland won dismissal of trespass, strict liability, and punitive damage claims, and won a landmark interlocutory appeal that refused to recognize a medical monitoring cause of action in Michigan. Kirkland also won reversal of class certification. On remand, the trial court denied the plaintiffs’ motion to recertify the class, as well as their subsequent bid for reconsideration, forcing the plaintiffs to proceed with their claims on an individual basis. Following a third successful appellate ruling, the trial court granted summary disposition in Dow’s favor as to all claims, ending the litigation.
GlaxoSmithKline
In re Avandia Marketing, Sales Practices and Products Liability Litigation, MDL 1871 (E.D. Pa.)
Represented GlaxoSmithKline plc (GSK) in a consumer class action, and part of a multidistrict litigation, alleging that GSK made misrepresentations about the risks of antidiabetic drug Avandia and that these representations led the third party payor plaintiffs to purchase Avandia over less expensive alternatives. Kirkland won summary judgment.
Represented GlaxoSmithKline plc (GSK) in a consumer class action, and part of a multidistrict litigation, alleging that GSK made misrepresentations about the risks of antidiabetic drug Avandia and that these representations led the third party payor plaintiffs to purchase Avandia over less expensive alternatives. Kirkland won summary judgment.
BP America
In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation (S.D.N.Y.; D.R.I.; D. Md.; Vt. Super. Ct.)
Representing BP America, Inc. in multidistrict product liability litigation alleging groundwater contamination from gasoline additive, MTBE. Kirkland led class opposition briefing for all defendants. The court granted the defendants' motion and denied class certification of MDL plaintiffs.
Representing BP America, Inc. in multidistrict product liability litigation alleging groundwater contamination from gasoline additive, MTBE. Kirkland led class opposition briefing for all defendants. The court granted the defendants' motion and denied class certification of MDL plaintiffs.
CIGNA Corporation
Franco, et al. v. Connecticut General Life Insurance Co., et al. (D.N.J.; 3d Cir.)
Representing CIGNA Corporation in a putative class action in which plaintiffs brought claims under ERISA, RICO, the Sherman Antitrust Act and various states’ law for $9 billion in damages based on CIGNA’s alleged failure to reimburse for out-of-network health care services. Defeated plaintiffs’ initial motion for class certification, and then again defeated plaintiffs' second try for class certification. Shortly thereafter, the court granted CIGNA's summary judgment motion in its entirety. Affirmed on appeal, and the plaintiffs’ bid for rehearing was denied.
Representing CIGNA Corporation in a putative class action in which plaintiffs brought claims under ERISA, RICO, the Sherman Antitrust Act and various states’ law for $9 billion in damages based on CIGNA’s alleged failure to reimburse for out-of-network health care services. Defeated plaintiffs’ initial motion for class certification, and then again defeated plaintiffs' second try for class certification. Shortly thereafter, the court granted CIGNA's summary judgment motion in its entirety. Affirmed on appeal, and the plaintiffs’ bid for rehearing was denied.
Navistar International
In re Class 8 Transmission Purchaser Antitrust Litigation (D. Del.; 3d Cir.)
Represented Navistar International Corporation in putative antitrust class actions brought by direct and indirect purchasers of Class 8 heavy-duty trucks alleging a conspiracy to monopolize the transmissions market. Kirkland won dismissal of direct and indirect purchaser claims during class certification briefing by establishing that both classes of purchaser plaintiffs lacked standing.
Represented Navistar International Corporation in putative antitrust class actions brought by direct and indirect purchasers of Class 8 heavy-duty trucks alleging a conspiracy to monopolize the transmissions market. Kirkland won dismissal of direct and indirect purchaser claims during class certification briefing by establishing that both classes of purchaser plaintiffs lacked standing.
PricewaterhouseCoopers
Rabin, et al. v. PricewaterhouseCoopers LLP (N.D. Cal.)
Representing PricewaterhouseCoopers LLP (PwC) in putative class action litigation alleging PwC denied entry-level jobs to individuals over the age of 40 in violation of the Age Discrimination in Employment Act. Kirkland successfully defeated the plaintiffs' motion for class certification.
Representing PricewaterhouseCoopers LLP (PwC) in putative class action litigation alleging PwC denied entry-level jobs to individuals over the age of 40 in violation of the Age Discrimination in Employment Act. Kirkland successfully defeated the plaintiffs' motion for class certification.
Accretive Health, Inc.
Dye v. Accretive Health, Inc. (Mich. Cir. Ct.)
Represented Accretive Health, Inc. in a putative statewide class action lawsuit alleging that Accretive violated the Michigan Occupation Code by engaging in prohibited debt collection activities, including misrepresenting the purpose of its communications with plaintiff. After extensive briefing and oral argument, Kirkland won summary judgment. In addition to extinguishing $225 million in exposure, the court’s detailed opinion will have far-reaching implications for numerous other pending and threatened cases against Accretive in Michigan and sets an important precedent in debt collection litigation in the state.
Represented Accretive Health, Inc. in a putative statewide class action lawsuit alleging that Accretive violated the Michigan Occupation Code by engaging in prohibited debt collection activities, including misrepresenting the purpose of its communications with plaintiff. After extensive briefing and oral argument, Kirkland won summary judgment. In addition to extinguishing $225 million in exposure, the court’s detailed opinion will have far-reaching implications for numerous other pending and threatened cases against Accretive in Michigan and sets an important precedent in debt collection litigation in the state.
Teva Pharmaceuticals
In re ACTOS End-Payor Antitrust Litigation (S.D.N.Y.; 2d Cir.)
Represented Teva Pharmaceuticals in a putative antitrust class action alleging a patent settlement between Teva, other generic drug manufacturers and Takeda regarding the diabetes drugs ACTOS® and ACTOplus met® delayed the introduction of competing products. Obtained complete dismissal of all claims.
Represented Teva Pharmaceuticals in a putative antitrust class action alleging a patent settlement between Teva, other generic drug manufacturers and Takeda regarding the diabetes drugs ACTOS® and ACTOplus met® delayed the introduction of competing products. Obtained complete dismissal of all claims.
Pfizer, Inc.
Eike, et al. v. Allergan, et al. (S.D. Ill.; 7th Cir.); Gustavsen, et. al. v. Alcon, et al. (D. Mass.; 1st Cir.)
Representing Pfizer, Inc. in multiple class actions alleging that Pfizer's prescription eye drop, Xalatan®, emits drops that are too large, creating waste and inflated prices for customers. Kirkland won reversal by the Seventh Circuit of the Illinois district court’s grant of class certification, with instructions to dismiss the suit with prejudice for lack of injury. Kirkland also won dismissal by the Massachusetts district court on the ground that the state law consumer claims were preempted by federal law, and that dismissal was affirmed by the First Circuit in a strong precedential opinion on federal preemption.
Representing Pfizer, Inc. in multiple class actions alleging that Pfizer's prescription eye drop, Xalatan®, emits drops that are too large, creating waste and inflated prices for customers. Kirkland won reversal by the Seventh Circuit of the Illinois district court’s grant of class certification, with instructions to dismiss the suit with prejudice for lack of injury. Kirkland also won dismissal by the Massachusetts district court on the ground that the state law consumer claims were preempted by federal law, and that dismissal was affirmed by the First Circuit in a strong precedential opinion on federal preemption.
Safeguard Properties
Bund v. Safeguard Properties LLC (W.D. Wash.)
Kirkland secured the successful decertification and dismissal of a 19,000-plaintiff class action alleging Consumer Protection Act and statutory and common law trespass violations and claiming over $1 billion in damages. The plaintiff class alleged that Safeguard Properties, the nation’s largest property preservation company, violated Washington law by performing inspections, maintenance, and repair services at defaulted properties prior to foreclosure. In an August 2018 decision, the District Court granted partial summary judgment to Safeguard, holding that it was acting in good faith under existing law. In October 2018, the District Court decertified the class and dismissed the case, holding that the named plaintiff did not have standing and was not an adequate class representative. The District Court also questioned the adequacy of class counsel, finding that they faced substantial conflicts by bringing separate, overlapping class actions against multiple defendants.
Kirkland secured the successful decertification and dismissal of a 19,000-plaintiff class action alleging Consumer Protection Act and statutory and common law trespass violations and claiming over $1 billion in damages. The plaintiff class alleged that Safeguard Properties, the nation’s largest property preservation company, violated Washington law by performing inspections, maintenance, and repair services at defaulted properties prior to foreclosure. In an August 2018 decision, the District Court granted partial summary judgment to Safeguard, holding that it was acting in good faith under existing law. In October 2018, the District Court decertified the class and dismissed the case, holding that the named plaintiff did not have standing and was not an adequate class representative. The District Court also questioned the adequacy of class counsel, finding that they faced substantial conflicts by bringing separate, overlapping class actions against multiple defendants.
Polaris Industries
In re Polaris Marketing, Sales Practices, and Products Liability Litigation (D. Minn.)
Defending Polaris Industries and its subsidiary, Polaris Sales, Inc., in a consolidated putative consumer class action alleging economic loss and design defect claims regarding Polaris off-road vehicles. Ongoing.
Defending Polaris Industries and its subsidiary, Polaris Sales, Inc., in a consolidated putative consumer class action alleging economic loss and design defect claims regarding Polaris off-road vehicles. Ongoing.
Allergan
In re National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio; multiple other venues)
Representing Allergan in governmental inquiries and civil suits in multiple courts related to its sale and marketing of opioid pain killers. This litigation and related litigation have been identified publicly as a top priority of the DOJ, of several congressional leaders, and of numerous state Attorneys General, who are also bringing their own investigations and suits. In 2017, the federal cases were consolidated and centralized by the Judicial Panel on Multidistrict Litigation. Ongoing.
Representing Allergan in governmental inquiries and civil suits in multiple courts related to its sale and marketing of opioid pain killers. This litigation and related litigation have been identified publicly as a top priority of the DOJ, of several congressional leaders, and of numerous state Attorneys General, who are also bringing their own investigations and suits. In 2017, the federal cases were consolidated and centralized by the Judicial Panel on Multidistrict Litigation. Ongoing.
Top Tier – Civil Litigation/Class Actions: Defense
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