A testament to our durable and deep client relationships, Polsinelli has been called upon by its clients to handle more than 250 class and mass action cases in federal and state courts across the nation, and the practice was nationally recognized by BTI Consulting Group for Class Action Litigation in the 2018 BTI Litigation Outlook report, based on interviews with more than 300 general counsel at companies with more than $1 billion in revenue. In most cases, we are able to achieve our client’s objectives through aggressively targeted discovery and motion practice that results in enforcing arbitration clauses, favorable class certification decisions, summary judgment or settlements. This approach ensures that legal advice is informed by and consistent with business considerations, and shows our commitment to developing client relationships based on practicality and mutual trust. 

But we have also tried several class actions, achieving results consistent with our clients’ goals. We have been trusted as counsel by clients in many industries, including trucking and transportation, telecommunications, construction, banking, government and insurance, insurance, manufacturing, natural resources, technology, pharmaceuticals and local government. These cases have drawn on our attorneys’ diverse and broad backgrounds, and involved many areas of law, including:
  • Antitrust
  • Advertising
  • Marketing and consumer fraud
  • Securities fraud
  • Federal statutes such as the Telephone Consumer Protection Act, ERISA and COBRA
  • State consumer protection statutes
  • Employment practices including FLSA
  • Products liability
  • DOT regulations
  • Tax
  • Contracts

Our experience helps us determine when to pursue arbitration or other means of evaluation and early disposition of potentially expensive litigation. We use advanced methods for case management, including sophisticated technologies for identifying, gathering, processing and storing relevant documents that help reduce the cost of these major cases. Altogether, these processes allow us to craft a step-by-step strategy that will lead to stable, practical and straightforward solutions.  
  • 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.
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