Class Action Defense
Defending and defeating class actions and unfair competition claims are crucial to today’s businesses. BartkoZankel has successfully defended numerous class actions on behalf of our clients, winning motions to compel individual arbitration and defeating motions for class certification. Our lawyers are also among the few who have tried a class action jury case, obtaining a defense verdict for our client. Our mix of substantive and procedural legal expertise and trial skills make for a winning combination.
In a very recent case, we successfully removed a putative wage and hour class action to federal court, defeated a motion to remand to state court, and prevailed on a motion to compel arbitration of the named plaintiff’s claims. In another case, after full discovery from the four named plaintiffs and many putative class members, we obtained an order from the federal court district judge denying certification of the class on the basis that individual issues predominated over common, class issues. And in a third recent case, in connection with a class action settlement, our clients obtained a full release from a multi-million person class, all without any monetary contribution to the settlement consideration.
We have also tried and won class actions. We represented a prominent semiconductor manufacturer and its directors in a six-week class action trial alleging breach of fiduciary duty and violations of Sections 11 and 12 of the Securities Act of 1933. The case focused on alleged misstatements concerning the technical design of microprocessors and the manufacturing capabilities of the client’s semiconductor fabrication facility, with the class asserting $240 million in damages. Our team obtained a complete defense verdict after three hours of deliberation.
BartkoZankel is creative and client responsive. We work closely with our clients and in-house counsel to resolve their specific legal issues, and understand that cost and results are what matter. We welcome alternative fee arrangements and other strategies to align the clients’ and the firm’s interests.
Representative Class Action/Unfair Competition Clients
- American Express
- American Honda
- Britt Worldwide
- Brunswick Corporation
- Country Life
- Cyrix
- DesertEssence.Com
- Dollar Financial Group
- Jani-King International
- Micron Technologies
- National Semiconductor
- RyMed Technology
- Sutter Health