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Torts Class Actions

Overview

Crowell & Moring's tort lawyers are nationally recognized in the defense of consumer, occupational, and environmental tort class action cases. Members of our environmental and toxic tort practice and class action team have been cited in the National Law Journal's annual list of top defense verdicts and named to Best Lawyers in America in products liability, mass and community-wide tort litigation. We regularly serve as lead counsel in class actions and as national coordinating counsel in courtrooms across the country.

Members of our group have nearly thirty years of experience in toxic tort litigation and trials. We have defended cases involving alleged exposures to trichloroethylene and other chlorinated solvents, vinyl chloride, PCBs, dioxins, formaldehyde, benzene, MTBE, creosote, beryllium, diesel exhaust, herbicides, fungicides, and pesticides. These cases have raised such claims as cancer, endocrine disruption, immune dysfunction, obesity-related diseases, "chronic systemic chemical poisoning," and medical monitoring.

Effective representation in tort class actions requires a sophisticated understanding of the larger playing field, as these issues inevitably arise within a web of regulatory, litigation, and public-relations challenges. Crowell & Moring brings a multidisciplinary approach to these complex matters, integrating the firm's resources in regulatory counseling, product liability, toxic tort litigation, environmental law, science, and public policy.

To reduce the likelihood of litigation, we regularly conduct product liability and toxic tort audits, tort liability due diligence in mergers and acquisitions, Occupational Safety & Health Administration and hazard communication compliance counseling, advice on indemnification and warranties, options for product recall and related remedies, litigation risk analysis and readiness planning, and crisis management. We also help companies avoid advertising and marketing mistakes and meet requirements for testing, certification, and product labeling.

When litigation cannot be avoided, Crowell & Moring is trial ready, with experienced class action lawyers on both coasts. For example, our lawyers have defeated class certifications and obtained dismissals and favorable settlements for automotive manufacturers and components suppliers in class actions alleging fraud, contract, and warranty claims in connection with engines, transmissions, ignition switches, paint, accessory belts, seat belts, lift gates, and theft deterrent devices. We have also successfully defended clients in matters involving alleged exposures to railroad chemicals and welding fumes, and faulty plumbing products, among others.

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Insights

Client Alert | 4 min read | 01.31.25

Supreme Court To Address Whether Courts May Certify Rule 23(b)(3) Classes With Uninjured Class Members

On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured. Or, as the Supreme Court put the certified question in the case, Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873:...

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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.

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Insights

Client Alert | 4 min read | 01.31.25

Supreme Court To Address Whether Courts May Certify Rule 23(b)(3) Classes With Uninjured Class Members

On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured. Or, as the Supreme Court put the certified question in the case, Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873:...

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Insights

Client Alert | 4 min read | 01.31.25

Supreme Court To Address Whether Courts May Certify Rule 23(b)(3) Classes With Uninjured Class Members

Publication | 01.15.25

Product Liability: Class Actions Are Increasingly Using Economic Loss To Bring Claims

Event | 12.03.24

29th Annual Drug & Medical Device Litigation Conference

Speaking Engagement | 12.03.24

29th Annual Drug & Medical Device Litigation Conference
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Professionals

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Insights

Client Alert | 4 min read | 01.31.25

Supreme Court To Address Whether Courts May Certify Rule 23(b)(3) Classes With Uninjured Class Members

On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured. Or, as the Supreme Court put the certified question in the case, Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873:...

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Practices

Contacts

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Insights

Client Alert | 4 min read | 01.31.25

Supreme Court To Address Whether Courts May Certify Rule 23(b)(3) Classes With Uninjured Class Members

On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured. Or, as the Supreme Court put the certified question in the case, Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873:...

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