Representative Class Actions
Represent a European bank in connection with a class action alleging violations of the Sherman Act and the Commodity Exchange Act based on the alleged manipulation of ISDAFIX.
Defended a global healthcare company in a putative RICO class action involving alleged off-label marketing. The plaintiffs, a proposed class of health insurers and other third-party healthcare payors, brought suit in the Northern District of Illinois under RICO, alleging that certain representations made by our client caused physicians to prescribe a drug for "off-label" uses, resulting in financial harm in the form of payments or reimbursements for excess prescriptions. The firm successfully moved to dismiss the complaint in district court on the grounds that the plaintiffs’ liability theory did not satisfy RICO’s proximate cause requirement. The plaintiffs appealed to the Seventh Circuit, which unanimously affirmed the lower court’s decision.
Secured summary judgment on behalf of the nation’s largest chocolate manufacturer as lead trial counsel in a multidistrict antitrust litigation in the Middle District of Pennsylvania. The plaintiffs were direct and indirect purchasers that alleged that our client conspired with other major chocolate manufacturers to fix the price of chocolate singles and “kings” in the U.S. between 2002 and 2007. The district court concluded that the record evidence led to the conclusion that “plaintiffs have adduced no evidence tending to exclude the possibility that defendants acted independently.”
Won a crucial victory for the owner of a major sports club chain in Massachusetts' highest court when, in a closely watched case, the court departed from long-standing precedent and dismissed a consumer class action that had been brought against the fitness club chain. After summary judgment was granted to our client, the Massachusetts high court sua sponte seized jurisdiction over the case. The court affirmed the firm's win below, leading to significant change in the law of consumer class actions in Massachusetts.
Defended a putative ERISA class action alleging failure to pay benefits due to nationwide class of employees under severance agreements. Second Circuit affirmed dismissal of federal claims; New York Appellate Division, Fourth Department affirmed dismissal of state claims.
Defended a leading cosmetics company in a putative class action brought by salons against several manufacturers of products intended for sale in salons. The putative class asserted claims relating to the sale of those products by mass retailers.
Represented a major financial institution in a consolidated class action brought by retail merchants against a number of credit card issuers, including our client, seeking hundreds of billions of dollars in damages. The merchants, both putative class representatives and those suing in their individual capacities, alleged that the defendants engaged in anti-competitive behavior that resulted in supra-competitive interchange fees being charged to merchants. The case was settled successfully.
We represented the nation’s largest magazine publisher in an industry-wide purported class action brought on behalf of magazine distributors, alleging that an industry guideline promulgated by the magazine publishers’ trade association, violated the antitrust laws. The guideline stated that subscriptions sold at less than 50% of list price could not be reported as “paid circulation.” The defendants demonstrated that the guideline had its roots in US Postal regulations, and also was demanded by advertisers as an objective way to measure true paid circulation, leading to dismissal of the case after the court denied class certification.
Represented a manufacturing company in a shareholder class action concerning non-disclosure of the impact of business developments on its stock price.
Defended a media company in a class action concerning the restructuring of a television station limited partnership.
Obtained dismissal on summary judgment of a securities class action against directors of a consumer products company.
Obtained a significant trial victory for a Fortune 100 pharmaceutical company in the In re Pharmaceutical Industry Average Wholesale Price Litigation. In this class action litigation, plaintiffs alleged that all major pharmaceutical manufacturers published false average wholesale prices, resulting in overpayment for drugs by insurance companies and Medicare. After a bench trial, the judge concluded that while the other defendants’ conduct violated Massachusetts consumer protection laws, our client’s conduct was lawful.
Secured directed verdict on behalf of a Fortune 100 pharmaceutical company in multi-defendant Sherman Act class action trial and argued appeal before Seventh Circuit on behalf of all manufacturers. This litigation arose from allegedly anti-competitive pricing in the brand name prescription pharmaceutical market.
Represented senior executives of a major pharmaceutical company in a class action filed on behalf of shareholders relating to alleged products issues, nondisclosures or misleading disclosures involving an over-the-counter pain reliever in the U.S. District Court for the District of New Jersey.
Represented a Fortune 500 company’s Board of Directors in a shareholder derivative litigation that alleged breaches of fiduciary duties in connection with the manufacturing, production, distribution and marketing of various medical and consumer products and devices. The case was filed in the U.S. District Court for the District of New Jersey.