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Class Action

  • Successfully represented adidas America Inc. in arguing against certification of a class action suit alleging a defect in one of the company’s popular running shoes.
  • Represented Vertex Pharmaceuticals, Inc. in a decision crystalizing the standard required to plead scienter in securities fraud cases, the First Circuit affirmed the dismissal of a securities class action complaint filed against Vertex and the company’s senior executives by Local No. 8 IBEW Retirement Plan and Trust.  This decision ends four years of litigation defending against plaintiff’s false and unfounded allegations that Vertex’s disclosures regarding the results of clinical trials assessing the safety and efficacy of the company’s combination drug therapy for the treatment of patients with cystic fibrosis violated the federal securities laws. We successfully rebuffed plaintiffs twice in the District Court, ultimately securing victory in the First Circuit.
  • Defeated class certification in federal court action in California alleging false and misleading marketing based on fraud, unfair competition (§ 17200), and warranty theories. Action was pending less than nine months when the court rejected class certification.
  • Represented a global pharmaceutical manufacturer in a highly publicized antitrust MDL class action antitrust litigation, which was the first alleged pharmaceutical “pay-for-delay” case to go to trial since the Supreme Court articulated a new controlling legal standard in its 2013 decision in FTC v. Actavis. Case settled on favorable terms.
  • Represented Perfumania, Inc. in a nationwide class action pertaining to alleged violations of the TCPA, with the plaintiffs seeking between $10 million and $20 million of damages. The case presented novel issues of liability under the TCPA, as well as standing to pursue class under the Supreme Court decision in Spokeo and its progeny. We mounted a spirited defense and obtained a settlement at a very small fraction of the claimed damages.
  • Represented a car dealership in connection with a class action alleging violations of the Massachusetts State Wage Act and common law violations in connection with overtime compensation of commissioned sales staff.
  • Represented a major commodities broker in a class action brought in Florida state court. After twice dismissing the complaint and granting plaintiffs leave to replead, the court finally dismissed all claims with prejudice and awarded our client its costs and attorneys' fees. The appellate court affirmed.
  • Defended class action alleging unfair business practices in sale of memberships to activity and event platform. Case settled on terms favorable to client.
  • Defended a global manufacturer of over-the-counter health and beauty products in a class action alleging false and misleading statements on labels of homeopathic products, brought under California (UCL, FAL, CLRA) and Florida (FUDTPA) consumer protection laws.
  • Represented an American retail and pharmacy chain in an antitrust class action alleging unfair restriction for participation in a Rhode Island pharmacy network. We obtained summary judgment for the defendants, which was affirmed on appeal.
  • Obtained a defense jury verdict in a class action one behalf of a prominent biotech corporation and a CEO charged with violation of Section 10(b) of the Securities Exchange Act of 1934.
  • Successfully settled a class action on favorable terms in which our client, a global leader in dental technology and instrumentation, was sued for alleged violations of the Telephone Consumer Protection Act (TCPA) for sending unsolicited faxes.
  • Represented the former officers and directors of The Learning Co. (TLC) in a shareholder class action alleging violation of Section 11 of the '33 Act brought by former shareholders of Broderbund, Inc., a company previously acquired by TLC.  We prevailed at the motion to dismiss stage, advancing a novel legal argument demonstrating the lack of legally cognizable damages. We secured an affirmance of the dismissal on appeal.
  • Defended a consumer goods corporation in a putative class action alleging false and misleading statements on labels of various home care products, brought under New York (GBL §§ 349, 350) consumer protection laws.
  • Represented a software company in a class action relating to alleged fraudulent revenue recognition. The jury returned a verdict for the class and the case was subsequently settled with motions for a new trial pending.
  • Served as counsel for a group of private equity firms named as defendants in an antitrust class action alleging that the defendant private equity firms and investment banks conspired to fix prices and allocate market share in the market for the acquisition of shares in companies being sold through leveraged buy outs.
  • Obtained summary judgment on behalf on an insurance company and an order of sanctions against plaintiff in connection with a class action alleging failure to properly coordinate benefits under defendant's auto insurance policies.
  • In a consumer privacy class action, we obtained an order to decertify plaintiff class, successfully arguing that the failure of lead plaintiff and his counsel to prosecute the action diligently had violated their duty to provide adequate representation to the class. This eliminated all class-based claims in this landmark privacy class action.
  • Defended a national administrator of preferred provider organization (“PPO”) networks in a putative class action alleging that our client violated the TCPA. We won a full dismissal of the lawsuit on the pleadings on the grounds that the alleged conduct of our healthcare industry client did not fall within the prohibitions of the TCPA. The potential exposure on the dismissed claims was $65 million–before trebling.
  • Represented The Los Angeles Lakers in a TCPA class action. Motion to dismiss granted with prejudice.
  • Served as lead counsel for a major telecommunications carrier in dozens of district court class action cases under section 332 of the Telecommunications Act of 1996, successfully reversing citing decisions of city and county government agencies denying deployment of cellular network systems.
  • Represented an American food and beverage manufacturer in a class action in which the plaintiff claimed the labeling misrepresented the actual ingredients in the product. Our motion to dismiss was granted with prejudice and we later won on summary judgment.
  • Represented the operator of a commuter rail system in connection with a class action brought by pass holders alleging damages arising from weather-related service interruptions.
  • Represented a pharmaceutical company in an antitrust alleged pay-for-delay class action.
  • Represented Crockett & Jones, a shoe manufacturing company, in a class action alleging violations of ADA. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented Thayer Hotel at West Point for alleged ADA violations on this copycat lawsuit. After filing a pre-motion letter stating Plaintiff lacked standing to sue, we successfully obtained a voluntary dismissal before the in person conference with the Judge to discuss the Motion to Dismiss.
  • Represented 24 Hour Fitness in a TCPA class action matter in CA. Matter was resolved quickly and efficiently via favorable settlement agreement.
  • Successfully negotiated a settlement for our client, Medical Acquisition Company, a lien management and medical funding company specializing in third-party liability tort cases, in a class action alleging TCPA violations.
  • Represented The Hotel on Rivington Managing Member Corp., a NY hotel, in connection with a class action alleging ADA violations. Achieved extremely favorable settlement where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented JL Audio, Inc., a manufacturer of consumer audio products, in a class action alleging ADA violations. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented Leisure Properties, LLC d/b/a Crownline Boats, a company which designs and produces boats, in a class action alleging ADA violations. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented Comfort Technology Systems, manufacturer of comfort shoes for women, in a class action alleging violations of ADA. Successfully achieved a favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented Lao Feng Xiang Jewelry USA, LLC, a jewelry company, in a class action alleging violations of ADA. Achieved individual settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented The Hotel on Rivington Managing Member Corp., a NY hotel, in connection with a class action alleging ADA violations. Achieved extremely favorable settlement where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented Life Time, Inc., a chain of luxury athletic resort health clubs, in a class action alleging violations of ADA. Succeeded in having plaintiff withdraw the case (voluntary dismissal with prejudice) based on website’s established compliance with the WCAG 2.0 accessibility standard.
  • Represented Life Time, Inc., a chain of luxury athletic resort health clubs, in a class action alleging violations of ADA. A motion to dismiss was filed based on lack of subject matter jurisdiction on that grounds that plaintiff lacks standing or his claims are moot because defendant’s website is already in substantial compliance with the ADA.
  • Represented MOSEX, a NYC museum, in a nationwide ADA class action. Successfully negotiated a favorable settlement where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Represented Kirna Zabete, Inc., a women’s luxury fashion store, in a class action alleging violations of ADA. Achieved extremely favorable settlement in class action where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
  • Obtained summary judgment on behalf of Yelp! in a putative class action alleging violations of the California Invasion of Privacy Act (CIPA).
  • Represented Hot Topic, a clothing retailer, in a class action alleging that Hot Topic sent texts to customers without prior express consent and thus violated the TCPA. Matter was resolved via a favorable class-wide settlement, which included a $1,485,000 reverter to the company.
Case Study
Mintz obtained a voluntary dismissal of a putative class action filed in Florida against a manufacturer of products that require compliance with UL standards. Mintz’s dismissal motion noted that the defendant had no corporate or operational presence in Florida.
Case Study
Mintz is leading a NYSE company’s defense in US criminal price-fixing cartel investigations and a US class action with nearly two dozen codefendants. Mintz is also coordinating with non-US counsel on related foreign actions regarding the alleged international cartel.
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Mintz successfully argued against certification of a federal class action suit against adidas America involving the company’s Springblade running shoes. The judge agreed that adidas did not knowingly conceal information from consumers.
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Mintz secured dismissal of class claims alleging personal injury of every student who had attended the Eagleton School during a period of reported altercations between staff and students. Mintz demonstrated that elements of the class claims could not be satisfied through proof common to the class.
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Mintz secured two MA federal court wins and one at the First Circuit for Vertex Pharmaceuticals, Inc. and several senior executives in a securities case about clinical trial result disclosures. The decision clarified the First Circuit standard for pleading scienter in securities fraud cases.
Case Study
Mintz obtained over $410 million in judgments for institutional clients in the Household International securities litigation settlement. The court and claims administrator did not deny a single claim from a Mintz client.
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Mintz has obtained recoveries of several millions of dollars for institutional clients in non-US settlements since the US Supreme Court’s decision in Morrison v. National Australia Bank. These include the Tesco regulatory matter in the UK and Slater & Gordon in Australia.
Case Study
Mintz obtained over $100 million in recoveries for BP investor clients from a $525 million SEC Fair Fund established for Deepwater Horizon Oil Spill compensation. Recoveries for Mintz clients equaled 100% of their allowed losses.
Case Study
Mintz obtained a dismissal of a Telephone Consumer Protection Act class action for Hofman Hospitality Group restaurant Lucille’s BBQ without any discovery. The plaintiff claimed a text message about a dinner reservation that contained a link to specials violated the TCPA.