The cost of defending any type of lawsuit can place a financial strain on a company, but the expenses tied to class actions can be astronomical. In addition to the financial burden, class actions can disrupt a company’s business operations and cause disastrous harm to its reputation.
Members of Armstrong Teasdale’s Class Action Litigation practice area have deep experience successfully defending class actions in state and federal courts. Success is achieved in different ways, including through defeat of class certification, securing dismissal of the claims or negotiating favorable settlements. Our lawyers excel at handling all aspects of class action defense – from initial analysis and investigation to pleading challenges, pre-emptive motions to strike, discovery, and trial and/or appeal, when necessary.
Our seasoned litigators are experienced in substantive fields that touch on a gamut of industries such as agribusiness, construction, consumer goods and services, energy, environmental, financial services, higher education, insurance, manufacturing, real estate, retailing, telecommunications and transportation.
Key areas of practice include:
Consumer Fraud: Our team defends clients against a broad range of consumer class actions arising out of allegations of unfair, unlawful or fraudulent business practices, or false or deceptive advertising or labeling. Our lawyers have experience defending class action claims premised on federal statutes and regulations as well as state consumer protection statutes. We have also successfully assisted clients responding to consumer-focused actions and investigations brought by state attorneys general, district attorneys and other governmental agencies. We are also experienced in defending duplicative, overlapping class actions filed in multiple jurisdictions, often in both state and federal courts.
Employment Discrimination/Wage and Hour Actions: Our employment lawyers routinely defend clients in state and federal class actions alleging systemic and disparate impact employment discrimination. Our experience includes successfully defending both class actions asserted directly by employees and also class actions asserted by administrative agencies such as the Equal Employment Opportunity Commission (EEOC). In addition, we regularly defend clients in class and collective actions for unpaid wages under the Fair Labor Standards Act and similar state laws. Our attorneys have extensive experience advising clients about risk, devising successful defense strategies, and winning these cases in state and federal courts nationwide.
Fair Credit Reporting Act (FCRA): Our team defends employers and consumer reporting agencies in putative class actions under the federal FCRA. We have significant experience in attacking plaintiffs’ standing in state or federal court to proceed with these claims as well as in strategies to transform such claims into individual arbitrations instead of class action proceedings in court.
Insurance: Our team has successfully advised and defended insurers in class actions involving a broad array of claims against carriers. We have deep insurance coverage experience with policy construction, which is a frequent focus in insurance class actions. In this area, we provide advice about both putative class claims directed at carriers and coverage issues that might arise with respect to class claims. Our attorneys also have experience with the more recent form of class actions addressing carriers’ handling of consumers’ personal information. Teaming with our privacy and data security attorneys, we can also successfully address putative class claims based on data carriers’ breaches.
The Internet of Things (IoT): The universe of connected devices is growing exponentially, and with it comes new problems and new disputes, many of which push the frontiers of product liability law, privacy law, various regulatory systems and cutting-edge cybersecurity. Drawing on the knowledge of Armstrong Teasdale’s pre-eminent patent practice and two attorneys who are also certified ethical hackers, our team is uniquely qualified to handle large class actions in this emerging field. Our attorneys are spearheading what may be the largest ever IoT product liability action asserting claims that various Chrysler cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that allows the hacker to remotely control the vehicles’ systems including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.
Securities: We represent and advise corporations and their officers and directors, as well as outside professionals, who have been sued in securities class action lawsuits. These claims often concern alleged violations of federal securities laws and/or breaches of fiduciary duty and are frequently filed in connection with mergers and acquisitions. Our lawyers have extensive experience dealing with federal and state securities laws, including those covering registration and reporting requirements, corporate governance, insider trading and option matters.
Telephone Consumer Protection Act (TCPA): Our team has successfully defended TCPA matters for clients in many states across the country. We handle TCPA class actions involving alleged violations stemming from marketing text messages, phone calls and faxes that are made and sent for business’ marketing purposes. We also advise our clients as to how they can insulate themselves from liability under the TCPA while at the same time accomplishing their business objectives.
In addition, we have successfully resolved class action matters involving:
- Antitrust price fixing
- Auto dealer sales practices
- Consumer protection statutes
- Deceptive practices
- Employment discrimination
- ERISA and pension
- Fair credit reporting act claims
- Fair labor standards act claims
- False advertising claims
- Finance industry charges
- Franchisee claims
- Insurance and insurance sales practices
- Pharmaceutical product pricing cases
- Product liability
- Real estate brokers
- Retail pricing/merchandising
- Shareholder class actions and derivative actions