Class Action Defense

Overview

As more companies become targets of class action lawsuits, Crowell & Moring’s team of 70+ class action litigators offer winning strategies that are industry-specific and rooted in deep courtroom experience. We have successfully defended hundreds of class action lawsuits for some of the world’s largest companies, including many in the Fortune 100.

Clients trust Crowell to stop class actions in their tracks through creative early motions, defeating class certification, or winning at trial when necessary. Bolstered by the firm’s expansive regulatory experience, we excel in representing clients in industries including, consumer products, education, energy, financial services, food and beverage, health care, medical devices and pharmaceuticals, hospitality, insurance, technology, and transportation.

A diverse set of clients routinely turn to Crowell, and we have built noteworthy experience in several specific areas, including:

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  • Our team effectively manages complex class actions that allege antitrust and unfair competition violations, including price fixing, no-poach, market allocation, output restrictions, and actual or attempted monopolization. Our attorneys are adept at litigating complex disputes, including at trial and on appeal, and navigating the procedural and logistical challenges of large multidistrict litigation class actions. We are skilled courtroom advocates with a deep understanding of antitrust and competition law and successfully defend our clients against class actions, combining substantive antitrust knowledge with practical experience and knowledge of our clients’ businesses.

    Our team effectively manages complex class actions that allege antitrust and unfair competition violations, including price fixing, no-poach, market allocation, output restrictions, and actual or attempted monopolization. Our attorneys are adept at litigating complex disputes, including at trial and on appeal, and navigating the procedural and logistical challenges of large multidistrict litigation class actions. We are skilled courtroom advocates with a deep understanding of antitrust and competition law and successfully defend our clients against class actions, combining substantive antitrust knowledge with practical experience and knowledge of our clients’ businesses.

  • We have a track record of successfully litigating federal and state consumer protection matters across the country. Our leading consumer class action defense team provides defense and counseling regarding common law claims sounding in fraud, breach of warranties, and unjust enrichment, federal statutes like the Telephone Consumer Protection Act, and state-level statutes such as state consumer protection statutes, PROP 65, California’s Legal Remedies Act, the California Consumer Privacy Act and the Illinois Biometric Information Privacy Act.

    We have a track record of successfully litigating federal and state consumer protection matters across the country. Our leading consumer class action defense team provides defense and counseling regarding common law claims sounding in fraud, breach of warranties, and unjust enrichment, federal statutes like the Telephone Consumer Protection Act, and state-level statutes such as state consumer protection statutes, PROP 65, California’s Legal Remedies Act, the California Consumer Privacy Act and the Illinois Biometric Information Privacy Act.

  • Leading retailers and food and beverage manufacturers turn to Crowell for defense of class actions involving ingredients, labeling, and other claims. Having litigated against dozens of plaintiffs’ firms, we know the precedent and the most effective arguments, and we reach successful resolutions while minimizing exposure for our clients. We work with clients at every point along the supply chain and involving all product lines—from snack foods to pet foods, and from alcoholic beverages to dietary supplements.

    Leading retailers and food and beverage manufacturers turn to Crowell for defense of class actions involving ingredients, labeling, and other claims. Having litigated against dozens of plaintiffs’ firms, we know the precedent and the most effective arguments, and we reach successful resolutions while minimizing exposure for our clients. We work with clients at every point along the supply chain and involving all product lines—from snack foods to pet foods, and from alcoholic beverages to dietary supplements.

  • Crowell has extensive experience defending clients in the health care and managed care industries across a broad range of class action litigation. Combining the skills and legal acumen of lawyers in our top-ranked Health Care group, we represent clients in class action lawsuits in federal and state courts across the U.S., including all levels of the appellate process. Our team helps clients understand the legal and business implications of health care litigation and crafts appropriate resolutions that help businesses achieve their legal and business goals. For more information on our Health Care class action experience, click here.

    Crowell has extensive experience defending clients in the health care and managed care industries across a broad range of class action litigation. Combining the skills and legal acumen of lawyers in our top-ranked Health Care group, we represent clients in class action lawsuits in federal and state courts across the U.S., including all levels of the appellate process. Our team helps clients understand the legal and business implications of health care litigation and crafts appropriate resolutions that help businesses achieve their legal and business goals. For more information on our Health Care class action experience, click here.

  • Crowell has a history of representing publicly traded companies, private businesses, and other employers in high-stakes class and collective actions in both federal and state courts. Our team has successfully managed complex cases involving class-wide claims of discrimination in pay, promotion, and other employment practices, violations of the Fair Labor Standards Act (FLSA) and state wage and hour laws, violations of ERISA, no-poach antitrust lawsuits, and other workplace disputes. For more information on our Labor & Employment Class Action experience, click here.

    Crowell has a history of representing publicly traded companies, private businesses, and other employers in high-stakes class and collective actions in both federal and state courts. Our team has successfully managed complex cases involving class-wide claims of discrimination in pay, promotion, and other employment practices, violations of the Fair Labor Standards Act (FLSA) and state wage and hour laws, violations of ERISA, no-poach antitrust lawsuits, and other workplace disputes. For more information on our Labor & Employment Class Action experience, click here.

  • We have defended domestic and international businesses in a broad array of class actions and multidistrict litigations claiming personal injury or economic loss from alleged defective products. In regulated industries, we partner with our deep bench of regulatory attorneys to enhance our defense strategy. Recent cases have involved consumer products, personal care products, medical devices, pharmaceuticals, toxic chemicals, and electrical appliances. Our team has successfully resolved matters for our clients in state and federal courts throughout the country and have coordinated numerous multi-jurisdictional defenses. For more information on our product liability work, click here.

    We have defended domestic and international businesses in a broad array of class actions and multidistrict litigations claiming personal injury or economic loss from alleged defective products. In regulated industries, we partner with our deep bench of regulatory attorneys to enhance our defense strategy. Recent cases have involved consumer products, personal care products, medical devices, pharmaceuticals, toxic chemicals, and electrical appliances. Our team has successfully resolved matters for our clients in state and federal courts throughout the country and have coordinated numerous multi-jurisdictional defenses. For more information on our product liability work, click here.

  • Our attorneys handle all aspects of data breaches, cyber incidents, and privacy issues, successfully defending clients against class actions. Recently, we defended a healthcare client in multiple class actions arising from two breaches that affected 1.5 million members. In addition to managing the class action legal strategy, we resolved a U.S. Health and Human Services Office of Civil Rights (OCR) investigation without fines or corrective actions. We also represent companies in class actions for alleged state privacy law violations and recently succeeded in a federal financial privacy law class action.

    Our attorneys handle all aspects of data breaches, cyber incidents, and privacy issues, successfully defending clients against class actions. Recently, we defended a healthcare client in multiple class actions arising from two breaches that affected 1.5 million members. In addition to managing the class action legal strategy, we resolved a U.S. Health and Human Services Office of Civil Rights (OCR) investigation without fines or corrective actions. We also represent companies in class actions for alleged state privacy law violations and recently succeeded in a federal financial privacy law class action.

  • Crowell’s multidisciplinary team represents and advises transportation clients including railroads, automotive manufacturers, aviation players, and others confronting class and mass actions across industry sectors. For CSX Transportation, we have served as lead and/or national coordinating counsel in class actions involving purchasers of rail freight services, train derailments, occupational exposures, chemical release event, and fiber optic cables. In the automotive sector, we have repeatedly defeated class certification and achieved dismissal for global OEM and parts suppliers in class actions and in individual product litigation.

    Crowell’s multidisciplinary team represents and advises transportation clients including railroads, automotive manufacturers, aviation players, and others confronting class and mass actions across industry sectors. For CSX Transportation, we have served as lead and/or national coordinating counsel in class actions involving purchasers of rail freight services, train derailments, occupational exposures, chemical release event, and fiber optic cables. In the automotive sector, we have repeatedly defeated class certification and achieved dismissal for global OEM and parts suppliers in class actions and in individual product litigation.

Insights

Publication | 01.15.25

Administrative Law: Big Shifts in Administrative Law

As companies consider taking class actions to trial, a blockbuster decision from the U.S. Supreme Court instructing lower courts not to defer to federal agencies’ interpretations of the statutes Congress charged them with administering may prove useful. Companies should also be aware of a second decision holding agencies’ use of in-house judges to mete out civil penalties to be unconstitutional....

Representative Matters

  • Represented The Regents of the University of California in 17 class actions stemming from a cyber-intrusion at the UCLA Health System involving the records of 4.5 million individuals. We worked closely with the client in investigating the intrusion, coordinating responses to multiple regulatory bodies and liaising with the FBI, and we negotiated a class wide settlement without formal discovery.  
  • Representing United Healthcare and its affiliated companies in numerous nationwide class actions, including in a three-week trial in the Northern District of California. Obtained dismissal of prayer for monetary relief seeking a billion dollars.
  • Representing General Motors in more than 20 high profile nationwide and multi-state consumer class action lawsuits throughout the United States. Many of these lawsuits involve GM’s premiere automotive brands and bring breach of warranty, consumer fraud and false advertising claims under state and federal laws.
  • Representing CSX Transportation in class actions alleging antitrust violations, breach of contract, negligence, and nuisance claims arising from railroad operations and business practices.
  • Representing Blue Cross and Blue Shield companies in nationwide antitrust multidistrict litigation. This MDL centralizes over 50 class actions asserted by plan members, physicians, hospitals, and other health care providers accusing Blue Cross Blue Shield companies and the Blue Cross and Blue Shield Association of conspiring to violate antitrust laws by limiting competition through exclusive service area.
  • Obtained unanimous defense verdict in consumer class action after two-week jury trial in federal court on behalf of the world’s leading manufacturer of homeopathic drugs. Plaintiff brought claims on behalf of a class of consumers alleging false advertising under California’s Unfair Competition Law (Section 17200) and Consumer Legal Remedies Act.
  • Representing United Airlines in its defense of a putative antitrust class action pending in an MDL proceeding in the U.S. District Court for the District of Columbia.

Insights

Publication | 01.15.25

Administrative Law: Big Shifts in Administrative Law

As companies consider taking class actions to trial, a blockbuster decision from the U.S. Supreme Court instructing lower courts not to defer to federal agencies’ interpretations of the statutes Congress charged them with administering may prove useful. Companies should also be aware of a second decision holding agencies’ use of in-house judges to mete out civil penalties to be unconstitutional....

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Professionals

Insights

Publication | 01.15.25

Administrative Law: Big Shifts in Administrative Law

As companies consider taking class actions to trial, a blockbuster decision from the U.S. Supreme Court instructing lower courts not to defer to federal agencies’ interpretations of the statutes Congress charged them with administering may prove useful. Companies should also be aware of a second decision holding agencies’ use of in-house judges to mete out civil penalties to be unconstitutional....

Insights

Publication | 01.15.25

Administrative Law: Big Shifts in Administrative Law

As companies consider taking class actions to trial, a blockbuster decision from the U.S. Supreme Court instructing lower courts not to defer to federal agencies’ interpretations of the statutes Congress charged them with administering may prove useful. Companies should also be aware of a second decision holding agencies’ use of in-house judges to mete out civil penalties to be unconstitutional....