Class Actions

In today’s business environment, class action lawsuits pose a unique risk to leading companies and insurers. Goldberg Segalla attorneys have extensive experience defending and defeating class actions, both before the passage of the Class Action Fairness Act of 2005 and throughout the explosion of class action lawsuits that has followed. Because of that experience—and our exceptional bench strength across 22 offices from coast to coast—some of the nation’s largest companies continue to call on Goldberg Segalla for defense when the stakes are highest, as well as informed and proactive counsel aimed at avoiding class action claims in the first place.

Trust in Experience

Our attorneys have successfully defended Fortune 500 companies in national and state-wide class actions, employing creative strategies to win early dismissal of claims and to defeat class certification on motion. In cases where dismissal or defeat of class certification is not available, our attorneys have successfully taken class cases through trial and appeal. Our experience includes class actions in various substantive areas, including consumer and business practices, insurance coverage, product liability, environmental and occupational exposure, employment, securities, and antitrust. We have experience representing companies in an array of industries, including insurance, manufacturing, transportation, telecommunications, technology, retail, chemicals, pharmaceuticals, food and beverage, and financial services. Well-versed in managing the electronic discovery issues, expert witness testimony development, sophisticated motion practice, and other factors unique to class actions, our attorneys continuously serve as national, coordinating, and trial counsel in an array of class action litigation in state and federal courts across the U.S.

A Different Approach

We develop strategies that are effective and efficient in order to accomplish our clients’ goals. These include:

  • Early assessment of the possible outcomes of a matter
  • Aggressively attacking the merits of the complaint and the appropriateness of class treatment through motions to dismiss, and seeking early denials of class certification motions
  • Analysis of the availability of challenges to the venue in which the case was filed and the enforcement of arbitration clauses when necessary
  • Creatively and cost-effective resolution of class action lawsuits if in line with our clients’ objectives

We customize our approach to ensure the costs and efforts in defending against class litigation are consistent with our clients’ business needs. Because of our collaborative culture, we are also able to draw upon the entire spectrum of our full-service firm’s many practices and areas of deep and dedicated industry experience, provide a synergistic, multidisciplinary, and cost-effective approach to defending class action lawsuits.

Representative Class Action and Mass Tort Experience
  • Gained the dismissal with prejudice of a putative class action lawsuit brought against a product manufacturer in the U.S. District Court for the Eastern District of Pennsylvania, in which the plaintiff alleged that portable electric products manufactured by our client following two previously conducted voluntary recalls still contained the alleged design defect that led to the recalls; potential damages totaled over $200 million for the replacement cost of more than 10 million products
  • Retained as national coordinating counsel even before any suit was filed, we helped a major U.S.-based children’s clothing supplier defeat a nationwide class action arising from the sale of over 100 million garments that allegedly caused rashes and allergic reactions to sensitive children’s skin, with potential exposure exceeding $1 billion; we coordinated the client’s response to the initial claims, retained leading experts, helped the client develop a response to media inquiries, coordinated the client’s CPSC reporting obligations, and with local counsel developed and implemented the entire litigation defense strategy, defeating the plaintiffs’ motion to certify in federal court
  • After a 17-day trial in the Connecticut Superior Court, achieved judgment for a corporation against a class of more than 50 neighbors alleging the company polluted the water beneath their homes, thereby devaluing them
  • Successfully defended major international insurer in class action litigation arising out of forced place insurance coverage program 
  • Advised and successfully defended multiple restaurant owners in class-action FLSA wage cases
  • Served as national coordinating counsel for a New York Stock Exchange manufacturer in major zinc toxicity dental adhesive cream multi-district litigation, with total responsibility for identifying, vetting, and developing the scientific expert defense testimony in both the multi-district litigation and the Philadelphia Mass Tort Program forums where litigation occurred, and winning multiple related Daubert and Frye decisions
  • Secured a motion to dismiss on behalf of a prominent sporting goods manufacturer in a New Jersey Consumer Fraud Act class action, in which a composite barreled baseball bat marketed as having the bat performance factor compliant with children’s baseball league standards was later prohibited to be used by children in certain leagues
  • Represented a tobacco company in a large number of claims by individual smokers, class actions by unions against the tobacco industry, and foreign government actions filed in the U.S. against the tobacco industry; represented these entities in all phases of litigation and as part of a substantial defense group comprised of counsel for the other major tobacco manufacturers
  • Defended a food-processing company involving wrongful death and significant personal injury claims that a food-thickening agent was causally related to infants’ development of necrotizing enterocolitis; the case was accepted to a Southern District of New York “Pilot Project” for matters that could not all be consolidated in an MDL, but that presented complex issues and involved cases in various other jurisdictions
  • Handled the defense of 51 death cases asserted against an airline arising from the last major air crash of a commercial flight in the United States
  • Defended a food-processing company involving wrongful death and significant personal injury claims that a food-thickening agent was causally related to infants’ development of necrotizing enterocolitis; the case was accepted to a Southern District of New York “Pilot Project” for matters that could not all be consolidated in an MDL, but that presented complex issues and involved cases in various other jurisdictions
  • Secured a motion to dismiss on behalf of a prominent sporting goods manufacturer in a New Jersey Consumer Fraud Act class action, in which a composite barreled baseball bat marketed as having the bat performance factor compliant with children’s baseball league standards was later prohibited to be used by children in certain leagues
  • Represented a tobacco company in a large number of claims by individual smokers, class actions by unions against the tobacco industry, and foreign government actions filed in the U.S. against the tobacco industry; represented these entities in all phases of litigation and as part of a substantial defense group comprised of counsel for the other major tobacco manufacturers