Class Action Litigation
Related ProfessionalsOverview
They are the epitome of creative lawyering; they look at a case from all angles and put in the time and effort to understand the jurisdiction, parties, evidence, and legal standards thoroughly and better than the other side. - The Legal 500 United StatesWin 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
Allergan
In re National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio)
Representing Allergan in thousands of civil suits filed nationwide by states, counties, cities, municipalities, Native American tribes, third-party payors, private hospitals, and others, related to the marketing and sale of opioid pain medications. In 2021, Allergan won a total defense verdict in California state court against Orange, Los Angeles and Santa Clara Counties and the City of Oakland. Allergan also achieved favorable settlements in governmental and private-party actions brought in New York, Florida, Louisiana, Rhode Island, West Virginia, Ohio, and San Francisco — some of which were reached during trial but before verdict was rendered. Recently, Allergan entered into a global settlement resolving claims brought by all 50 states and all six territories, with the vast majority of political subdivisions and Native American tribes agreeing to the negotiated terms. Other aspects of the litigation continue.
Polaris Industries
Defended 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. Kirkland twice won dismissal of the plaintiffs' consolidated complaint. Final judgment in favor of Polaris was entered following denial of the plaintiffs’ motion for reconsideration and their dismissal of the remaining claims. Affirmed on appeal.
Celsius Network, LLC
Representing Celsius Network LLC, a cryptocurrency-based finance platform, and its affiliates in third-ever cryptocurrency company Chapter 11 filing and in related litigation proceedings. Settlements achieved with holders of custody accounts and a class of account holders asserting damages against each of the debtors including violations of state false advertising laws, fraud and unjust enrichment. In 2023, after a six-day confirmation hearing, Celsius secured approval of its reorganization plan. Ongoing adversary litigation.
Diversified Energy Company
Defended Diversified Energy Company and EQT Corporation in class action litigation alleging torts and fraudulent conveyance in connection with plugging and abandonment of gas wells in West Virginia. Proposed class related to torts dismissed. Settlement achieved.
Handi-Foil Corp.
Represented Handi-Foil Aluminum Corporation and certain of its affiliates in putative class action litigation regarding Handi-Foil’s marketing and labeling practices. Kirkland won dismissal in full.
GATX Corporation
Representing GATX Corporation and a GATX subsidiary in class action and CERCLA litigation arising from the February 2023 derailment of Norfolk Southern train in East Palestine, Ohio and the resulting damage. In 2025, after nearly four-weeks of trial, a jury cleared GATX of liability.
General Motors
Represented General Motors LLC (GM) in federal and state multidistrict litigation involving personal injury cases, putative consumer-fraud class actions and related bankruptcy proceedings arising from ignition switch recalls. Kirkland achieved a string of victories for GM in these cases, including securing defense verdicts in three bellwether trials and winning summary judgment and Daubert motions leading to dismissals of hundreds of personal injury claims. Kirkland secured a number of material, precedent setting wins, enabling GM to reach a global comprehensive settlement of all class claims for less than a fraction of 1% of the plaintiffs’ claimed compensatory economic loss damages. Kirkland secured summary judgment for GM in the last remaining case of the MDL.
Wellmark, Inc.
Represented Wellmark Blue Cross Blue Shield in putative class action lawsuit alleging underpayment of chiropractic services. Won denial of class certification and unanimous affirmance of the denial in the Iowa Supreme Court. Kirkland achieved dismissal.
Gilead Sciences, Inc.
Representing Gilead Sciences, Inc. in putative class action litigation alleging various claims regarding Gilead’s Veklury® product, a drug used for the treatment of COVID-19. Kirkland won dismissal. Pending appeal.
Sun Pharma
Representing Sun Pharma and its Ranbaxy subsidiaries in putative class action antitrust lawsuit seeking upward of $10 billion in damages in connection with an allegedly anticompetitive scheme that plaintiffs claimed improperly delayed entry of the generic version of Lipitor, a blockbuster statin used to treat high cholesterol. Kirkland won dismissal of the pharmacists’ claims and a significant number of state law claims. Over the course of two days, Kirkland presented argument on its motion for summary judgment, direct-purchaser plaintiffs’ motion for class certification and handled a full-day evidentiary hearing on end-payors plaintiffs’ class certification motion. Recently, the court issued three opinions, all in Ranbaxy’s favor. Appeal pending.
Haleon
Representing Haleon US Holdings LLC in industry-wide multidistrict litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds. Pending appeal.
Abbott Laboratories
Defending Abbott Laboratories in multidistrict product liability litigation alleging that certain formula products caused injuries in preterm infants. Kirkland secured summary judgment in first bellwether case. Kirkland secured summary judgment in first bellwether trial. Ongoing.
Top Tier – Civil Litigation/Class Actions: Defense
The Legal 500 US, 2024
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