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Representative Matters

  • In defending a client in a class action, our attorneys learned through discovery and an independent investigation that the plaintiff and plaintiff’s counsel had filed at least seven similar class actions in the prior year, drawing into question the plaintiff’s fitness as a class representative. The plaintiff offered to forfeit the class members’ claims in exchange for a settlement with the named plaintiff only. Instead, we insisted on a voluntary dismissal and filed a motion for fees and costs against the plaintiff and counsel. The six other class actions, defended by other law firms, proceeded.
  • Represented a public company sued under the Credit Repair Organizations Act, a federal statute without a statutory cap on damages. As the result of aggressive and novel positions taken on a Motion to Dismiss and in our Opposition to Class Certification, we were able to impose a favorable limit on the client’s exposure in the event of liability.
  • Defended a large, privately held Ohio-based company in a multi-district class action brought under state UTPAs and the FDCPA. Through the use of MDL procedures, our attorneys succeeded in consolidating cases from four jurisdictions before a single court and achieved a favorable settlement for the client.
  • Represented one of the nation’s largest lenders in class actions by mortgagors alleging violations of Illinois’ consumer protection statutes resulting from allegedly excessive interest and other charges.
  • Successful in having all claims dismissed against a client in a class action in Washington state alleging that fees assessed against mortgagors in a bankruptcy were in violation of state law and the bankruptcy code.
  • Represented the country’s largest network of mortgage foreclosure attorneys in class actions alleging improper and deceptive charges assessed in connection with foreclosure proceedings. In an action in Alabama, we successfully opposed the plaintiff’s Motion for Class Certification, leading to a favorable settlement for the client.
  • Represented numerous retailers, financial institutions, large collection agencies and purchasers of debt in courts around the country where our attorneys have successfully opposed class certification, effectively ending the litigation.