Class Action Litigation
LPCH has extensive experience defending class actions in state and federal courts across the country. Regardless of the forum chosen or the claims made, we have the expertise, experience and resources to successfully defend “bet-the-company” class actions. LPCH has successfully defended class actions in more than 15 states, including class actions brought in forums considered “plaintiff-friendly” such as California, Washington and Illinois.
LPCH’s successful record in defending class actions is the result of a variety of defense techniques, including obtaining early dismissal on the merits, enforcing arbitration clauses, securing the denial of class certification, disqualifying opposing experts, negotiating favorable settlements, trying cases to a favorable verdict and winning appeals. When litigating class actions, LPCH employs a proactive approach to discovery and has the resources available to successfully manage all phases of class action discovery while minimizing costs.
LPCH has a proven class action track record against some of the most prominent plaintiffs’ class action firms in the country. The breadth and depth of our class action experience has afforded us insight into the tactics used by plaintiffs’ class action counsel and how those tactics can be thwarted. Our class action experience crosses many different industries. LPCH has successfully litigated class actions in many different subject areas, including antitrust, financial services, aviation, consumer products, labor and employment, mass tort, securities, RICO and unfair business practices.
LPCH served as lead counsel for Southwest Airlines in a nationwide class action on behalf of all passengers who flew during the six-year period from 2002-2008. Plaintiffs alleged that Southwest’s maintenance program was deficient, as evidenced by a record-setting $10 million FAA fine, and that Southwest was required to reimburse passengers because flights on an airplane in violation of FAA rules were a violation of Southwest’s contract of carriage. After extensive discovery and briefing, we successfully obtained an order dismissing the case prior to the issuance of a class certification decision.
We defended a large financial institution in a Pennsylvania state wide class action lawsuit in federal court based on allegations of predatory lending and violations of the insurance code. We tried the case for almost four weeks and then settled favorably right before closing arguments.
We successfully represented First USA Bank (now part of JP Morgan Chase) in several class action cases arising out of alleged wrongful credit card practices. The cases were high profile and generated a significant amount of press coverage (the practices in question were the focus of a Nightline segment). Nevertheless, we pursued defending the cases by selecting what we perceived to be the best forum (Portland, Oregon) and then successfully convinced the court there to deny certification after a weeklong hearing.
We represented ACS, Lynn Blodgett (President and CEO), and board member Robert Druskin in litigation seeking to enjoin Xerox’s approximately $9 billion merger with ACS.