Class Action

Class actions are high-stakes, time-consuming, and costly, and they can present a substantial risk to the livelihood of your business. That’s why it’s critical to have defense counsel knowledgeable about and experienced in the specialized issues involved in these actions.

Our national team has won landmark rulings and served as counsel in some of the largest multi-state and stand-alone class actions. We combine the substantive knowledge of industry practices with our team’s procedural experience in class action defense. 

We have a proven track record of obtaining early dismissals and denials of class certification motions, as well as defense verdicts and favorable settlements. Having taken class actions to trial, Mintz Levin attorneys are prepared to address each class action on its merits, rather than viewing settlement as the sole means of resolving class action litigation.

Quick Facts

  • Ability to handle any federal, state, or multistate case
  • Successfully defeated dozens of class certification motions
  • Experienced in all aspects of the class action procedure:
    • Trial
    • Dispositive motions
    • Certification and de-certification motions
    • Settlement approval
    • Appellate review

  • Sophisticated technology for handling cases involving substantial electronic discovery — led 20+ document reviews involving 2+ billion documents in the past five years
  • Recognized industry thought leaders:
    • Co-author of the Class Action Law chapter for Developments in Business and Corporate Litigation, an annual publication of the Business Law Section of the ABA
    • Speakers on numerous national panels on class action law

Areas of Focus

  • Antitrust and unfair competition
  • Civil racketeering (RICO) claims
  • Consumer protection statutes
  • Corporate governance
  • Employee wage and hour / FLSA claims
  • Employment discrimination
  • False advertising and unfair business practices
  • Financial fraud
  • Health law
  • Insurance law
  • Privacy claims
  • Product liability
  • Professional liability
  • Securities fraud and shareholders’ rights

Rankings & Recognitions

  • Attorneys ranked by Chambers USA, Best Lawyers, and Super Lawyers
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Representative Experience

  • Obtained dismissal with prejudice of claims brought on behalf of a putative class of employee benefit plans, insurers, managed care organizations, and third-party payors alleging violations of RICO and state consumer protection laws in connection with the sales of laboratory test kits.
  • In a bench trial on a landmark case concerning the preservation of medical records privacy, we obtained judgment dismissing all claims against our client. Previously, we had successfully obtained dismissal of the bulk of plaintiff’s claims through an early motion to dismiss and a subsequent motion for summary judgment. We also successfully obtained an order decertifying a statewide class previously certified in the case. This string of successes resulted in complete victory in a matter in which the plaintiff had originally claimed class-wide damages in excess of $100 million.
  • Obtained order denying certification of national class in an MDL antitrust class action involving 20 cases consolidated from around the country alleging an illegal tying arrangement in connection with the offering of set top boxes and premium cable services.
  • In a hybrid Fair Labor Standards Act (FLSA) collective action and state wage law class action, we successfully opposed plaintiff’s motion for conditional certification of FLSA class against a community health care system.
  • Filed amicus brief in the Seventh Circuit on behalf of national trade associations in connection with an appeal from a lower court ruling certifying a national products liability class. Adopting arguments that we advanced on behalf of the amici, the Seventh Circuit reversed the lower court ruling and decertified the plaintiff class.
  • Defended a global electronics manufacturer in a number of consolidated class action antitrust cases.
  • Motion to dismiss granted with prejudice in class action in which the plaintiff claimed the labeling misrepresented the actual ingredients of the product.
  • Achieved extremely favorable settlement in a class action in which the plaintiff claimed that the defendant falsely represented ingredients in a food product

Clients We Serve

  • Any company sued in a class action
  • Consumer product manufacturers
  • Consumer service providers
  • Retailers
  • Telecommunications carriers
  • Cable providers
  • Internet providers
  • Private equity firms and funds
  • Insurance companies
  • Pharmaceutical / health care companies
  • Trade associations
  • Employers (with 50+ employees)