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Class Action

Lathrop Gage is recognized as one of the most respected and experienced class action defense firms in the country. Each class action presents clients with unique decisions and options for optimal resolution—everything from “win at all costs” to “a quick and efficient resolution.” Lathrop Gage collaborates to find the best team and the best approach to achieve our clients’ goals. We have defended class actions in state and federal courts throughout the United States. Our class action practice group is supported by 120 litigators and other attorneys specializing in different industries.  Putting together the right team allows us to successfully deal with all aspects of class action litigation, including strategy development, fact gathering, pretrial case management, electronic discovery,  class discovery, class certification and de-certification, dispositive motions, and settlement and claims administration. The depth and breadth of our experience allows us to handle any type of class action, from consumer claims to environmental cases to fiduciary obligation claims to labor and employment cases, and everything in between, including cases involving these issues:

  • Alleged violations of various federal and state statutes
  • Consumer Protection and Merchandising Practices Act – state-specific and national laws
  • Civil Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Driver Privacy Protection Act
  • Telephone Consumer Protection Act (TCPA)
  • Employee benefits
  • Employment practices
  • Wage and Hour
  • Fair Credit Reporting Act (FRCA)
  • Fiduciary duties
  • Securities
  • Investment management
  • Insurance
  • Environmental
  • Odor nuisance and related claims
  • Product failure claims
  • Breach of warranty claims
  • Toxic tort

Representative Experience

  • Local counsel representing pharmaceutical company in a nationwide MDL antitrust and price-gouging consumer class action.
  • Defended digital marketplace and internet media companies in a proposed nationwide class action involving RICO, consumer fraud, fraud and contract claims relating to the marketing of advertising services. Obtained dismissal of RICO, consumer fraud and other claims.
  • Represented nationwide brick-and-mortar and e-commerce retailer in ADA website accessibility class action claim. Matter settled for nominal amount.
  • Represent leading manufacturer of diesel and alternative fuel engines in consumer class action alleging that company violated its warranty and violated various consumer protection statutes.  Successfully defended multiple prior class actions against the company containing similar allegations, including one involving a potential nationwide class of consumers.
  • Defended a multibillion-dollar matter for multiple defendant oil companies nationwide in multi-district litigation and more than 30 class actions on retail motor fuel sales. The matter included more than 100 defendants. Obtained successful dismissal for 11 defendants.
  • Successfully defended a university in a class action alleging that representations that the campus was “safe” violated the applicable Consumer Protection Act. The claims were brought by former students and their parents, and sought disgorgement of all tuition and fees paid during the class period. Prevailed on a motion to dismiss.
  • Represent numerous employers - including nationwide retailers - in national and local counsel roles in numerous Fair Credit Reporting Act purported class actions. Results for clients include lead plaintiffs dismissing their cases, and minor settlements achieved pre-certification.
  • Successfully defeated a class certification motion in the U.S. District Court for the District of Kansas in a proposed 18-state class action involving consumer protection claims relating to residential real estate closing fees on behalf of a large title company. Plaintiffs alleged they were injured by the defendant over-collecting estimated recording fees and failing to refund alleged excessive fees. The class was not certified and the case was dismissed.
  • Defended a major financial services firm in a class-action lawsuit asserting claims involving leasing fees and charges involving all leased vehicles in the State of Missouri which was ultimately settled to the client’s satisfaction.
  • Successfully defended a major financial services firm in litigation taken to the Missouri Supreme Court in a potential class action lawsuit. We defeated class certification and the plaintiff’s efforts to open discovery to tens of thousands of the client’s records requiring potentially hundreds of hours of the client’s employees’ time that led to the ultimate settlement of the case for an amount far less than the subject of the proposed class action.
  • Represented internet gaming company in a class action on claims of violations of the Florida Consumer Protection Act. The matter was brought by a player of the internet game World of Warcraft, a massive multiplayer online role playing game. The class was denied and the plaintiff later dismissed the case.
  • Represented several health care providers in defending class actions based upon charges for medical records, resulting in successful motions and settlement resolutions.
  • Successfully defended a national waste company against a class action lawsuit for a nuisance claim (odor) for one of their landfill locations. The entire court process was completed in 10 months and limited future litigation for the client.
  • Successfully defended a chemical company against multiple class action lawsuits filed in both federal and state courts claiming exposure to chemicals used in fertilizer. Lathrop Gage secured one summary judgment, which effectively averted other trial efforts, and the remaining cases were voluntarily dismissed by the plaintiffs.
  • Defeated an effort to certify a class of potentially more than 1,000 homeowners whose property surrounded a landfill on nuisance and trespass claims. Nine plaintiffs filed a property damage lawsuit against our client, a major waste services company, alleging nuisance and trespass due to dust, dirt, debris, litter and noxious odors, allegedly emanating from the Mallard Lake Landfill in DuPage County, Illinois. The plaintiffs moved to certify a class, which was denied, and the case soon settled.
  • Argued successfully in the Superior Court of the State of California on behalf of a national waste management company that plaintiff’s motion for class certification for an odor nuisance case should be denied. Subsequently, the claims were settled for a minimal amount.
  • Defended complex, multi-district class action claims related to the aftermath of Hurricane Katrina in Louisiana, representing a major insurer regarding property and casualty claims in homeowners’ policies. After the district court determined that a flood exclusion was ambiguous, an appeal to the Fifth Circuit resulted in reversal, and the claims were excluded from coverage. This case was cited by American Lawyer as one of the biggest victories of the year.
  • Successfully resolved consumer class action case for health care technology company involving claims of violation of the Missouri Merchandising Practices Act and refunds of sales tax. We achieved refund of state sales tax, and our client paid no damages.
  • Represented a major waste removal company in a class action toxic tort case involving allegations of groundwater contamination. Specifically, the plaintiffs alleged vinyl chloride found in private drinking water came from a landfill operated by this client. We prevailed on a motion to dismiss.

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