Polsinelli is frequently called upon to handle class actions, mass actions, and multidistrict litigation on behalf of its clients in some of the most complex and high profile cases in the country. Our approach to handling class actions focuses on ensuring that procedural, subject matter, and industry specialists are combined to provide our clients with the most effective and efficient legal team possible. In addition, we engage in detailed case planning at the outset of class litigation, providing our clients with realistic budgets and case assessments that enable practical decision-making. We also work to limit the interruptions that extensive class discovery can have on our clients’ businesses by combining substantive experience in class action discovery with the latest e-discovery technologies. And should the case go the distance, Polsinelli’s class action lawyers are experienced in trying class cases to successful verdicts.

As a result of this approach, we have gained significant recognition for our class action work including being nationally recognized for our depth in Class Action Litigation in the 2018 BTI Litigation Outlook report. That depth spans a variety of industries, including:

  • College athletics
  • Construction
  • Consumer Products
  • Financial Services
  • Government
  • Health Care
  • Insurance
  • Manufacturing
  • Natural Resources
  • Pharmaceuticals
  • Technology
  • Telecommunications
  • Trucking & Transportation

Our class action, mass action, and multidistrict litigation experience also covers most areas of law, including:

  • Antitrust
  • Appellate
  • Consumer Fraud
  • Contracts
  • Data & Information Privacy
  • Federal Statutory Claims (such as TCPA, RICO, FDCPA, FCRA, FCA)
  • Fiduciary Duty
  • Government Regulations
  • Insurance
  • Products Liability
  • State Consumer Protection Statutes
  • Securities
  • Tax
  • Torts
  • Defended class actions in Missouri, Florida, Texas, New Jersey, New York, Illinois, Louisiana, Michigan and the District of Columbia against a wireless communications carrier for allegedly misleading consumers about billing practices, the quality of its coverage, the capacity of its network and the quality of its phones. In each case, an arbitration clause was enforced, class certification was denied, or the cases were dismissed or settled on favorable terms.
  • 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. The cases were all resolved on favorable terms.
  • Defended credit life insurance carrier against class action claiming right to refunds of unearned premiums. Class certification was denied.
  • Defended a municipal police department in class action alleging wrongful forfeiture of property seized as a result of drug arrests. The case resulted in a favorable settlement after mediation.
  • 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. The case was dismissed and affirmed on appeal.
  • Represented 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.
  • Brought antitrust claims on behalf of a class of businesses that directly purchased LCD components from foreign manufacturers. The case resulted in a nine-figure settlement against most defendants and a $270 million trial verdict against the only defendant that went to trial.
  • Represented a group of business owners asserting price fixing, RICO, contract and breach of fiduciary claims. The mass action case was settled for $46 million and other financial concessions.
  • Obtained a $104 million settlement for a class of businesses that purchased products from Microsoft in Arizona. The settlement included a substantial payment to certain Arizona schools for replacement computer software.
  • We were 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.
  • Defended health club organizations in Missouri against claims under Missouri Merchandising Practices Act and common law asserting unlawful charging and collection of fees. 
  • Defended healthcare company in Missouri against claims under Missouri Merchandising Practices Act and common law asserting unlawful charging and collection of sales taxes.
  • Defended a cryptocurrency technology company in Kansas and Missouri against claims of misrepresentations and violations of various states’ consumer protection laws.
  • Defended non-bank lenders, banks, trusts, loan services, and others in Arkansas and Missouri against claims of unlawful collection of fees and interest on second mortgage loans.
  • Defended credit collection firm in Illinois and New York against claims under FDCPA, RICO, state laws asserting unlawful practices.
  • Defended national non-profit organization in Louisiana against claims under TCPA asserting unlawful text messaging.
  • Defended orthodontic supplier in Kansas against claims under TCPA asserting unlawful fax transmissions.
  • Defended utility service line insurer in Missouri against claims under Missouri Merchandising Practices Act asserting misrepresentations of coverages and claims.
  • Represented an organic food company in defending class action allegations concerning labeling. The class certification was denied, and no appeal was taken.
  • Represented an insurance company in defense of a class action case concerning a coverage form for all policies sold in Colorado for a five-year time period. Resolved the matter early before certification, by corrective notice, with some return of the premium, and continued use of policy form.
  • Represented an insurance company in a class action case involving homeowners casualty insurance where plaintiff’s purported class raised antitrust and fraud claims. The client’s motion to dismiss was granted, upheld on appeal, and no class was certified.
  • Defended a bank client in a class action case on an issue of claim for restitution and recovery for “illegal” interest arising from a unique real estate loan program. The class was denied.
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