Class Actions

Polsinelli Shughart PC has extensive experience in a wide variety of class actions. As a firm, we have handled nearly 200 class action cases in federal and state courts across the country- acting as counsel for both defendants and plaintiffs.  We have an average of 25 ongoing class action cases each year and have represented literally hundreds of clients in these cases.

Our firm has defended employers in class actions alleging racial discrimination and hostile work environments. We have represented putative and certified classes in statewide actions against major retailers and manufacturers. We have sought dismissals of class actions involving federal regulators and state consumer protection acts.

Major clients in class action cases have included the trucking and transportation industry, telecommunications, construction, banking, government and insurance, to name a few.  Our experience helps us determine when to pursue arbitration or other means of evaluation and early disposition of potentially expensive litigation.

We also know how to win the most challenging “bet-the-company” cases.

With Polsinelli Shughart, the risks of your class action case will be calculated, well researched and represented through the most advanced litigation tools and resources.

Notable Experience


Defended class actions in Florida, Texas, New Jersey, New York, Illinois, Louisiana, Michigan and the District of Columbia involving claims that a wireless communications carrier allegedly failed to disclose issues about the quality of its coverage, the capacity of its network and the quality of its phones. In most cases, class certification was denied, and the cases were all dismissed or settled.

Defended class actions in Florida, Missouri, New York, New Jersey, Alabama and California involving claims that a long distance communications carrier wrongfully failed to disclose that it billed for communications time in one-minute increments. All of the cases were resolved favorably after class certification was denied or by the granting of summary judgment in favor of the carrier.

Defended class actions in Washington, Florida, Texas and Illinois involving how a telecommunications carrier charged subscribers for local taxes. Two cases were dismissed, and the others were settled.

Defended class actions against corporate officers of software and communications companies involving claims of alleged securities fraud. Cases were settled.

 

Defended credit life insurance carrier against class action claiming right to refunds of unearned premiums.  Pending in Ohio federal court. 

Defended a municipal police department in class action alleging wrongful forfeiture of property seized as a result of drug arrests. Pending.

Defended a medical research institute against a purported class action alleging a violation of the Telephone Consumer Protection Act arising out of a facsimile transmission seeking volunteers for a research study. Case dismissed and affirmed on appeal.

Represented two classes of plaintiffs against life insurance companies that had promised to distribute a stated percentage of their annual profits to surviving policyholders.  Both cases were settled after the courts certified them as class actions.

 

Representation as co-lead counsel of a nationwide consumer class action against General Motors which resulted in payments to thousands of GM customers at a value in excess of $20 million.

 

Representation of a class of investors attacking an oil and gas company as a result of the roll-up of a master limited partnership. After a four-week class action trial in the Chancery Court of Delaware and Delaware Supreme Court affirmance, approximately $63 million was paid to investors.

 

Settled a breach of contract class action on behalf of more than 5,000 policy-holders of an insurance company for $20 million.

 

Settled a “mass action” involving business owners asserting price fixing and manipulation for $46 million and other financial concessions after bringing claims for fraudulent misrepresentation and non-disclosure, breach of contract, breach of fiduciary duty, and violation of Title 18, U.S.C. 1961 et. seq., The Racketeer Influenced Corrupt Organization Act.

 

Represented approximately 1,800 former American West Pilots in a high profile case against the pilots’ Union, USAPA.  Obtained a permanent injunction against the Union after a nine-day jury trial in Federal Court.

 

Obtained $104 million settlement for a class action against Microsoft in Arizona.  The settlement included a substantial payment to certain Arizona schools for replacement computer software.

 

Lead class and trial counsel for military retirees seeking declaration that state taxing scheme was unconstitutional. The Colorado Supreme Court affirmed and ordered the State to pay approximately $32 million in refunds.