Class Action

Overview


More than ever, class action litigation presents a risk for your business as plaintiffs’ lawyers become more sophisticated and aggressive in filing class actions.

Our litigators provide comprehensive counseling advice to prevent and, as needed, defend your company at all stages of class actions, including pre-filing resolutions of threatened claims, successful motions to dismiss and to compel arbitration, summary judgment grants, class certification denials, class de-certification and successful appeals of class certification rulings. With decades of experience and a strong track record, our representation has spanned issues of antitrust and unfair competition, ERISA and RICO liability, consumer fraud, deceptive business practices and product liability. Our team regularly provides counseling to avoid class actions, and we have also successfully defeated class actions and negotiated favorable settlements. Clients seek our counsel particularly for our ability to address the unique issues raised in healthcare, tax, employment, securities and consumer class actions.

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Results


  • Represented a Fortune 50 healthcare insurer in a series of putative class actions brought by plan members and healthcare providers, as well as in related state regulatory investigations, challenging the company’s reimbursement of out-of-network claims priced using data from a third-party database. After several other defendants in similar actions settled for hundreds of millions of dollars, our litigators successfully opposed class certification and moved for summary judgment against the remaining named plaintiffs, and both decisions were affirmed on appeal
  • Represented an American ticket exchange and resale company in a successful arbitration in a consumer class action relating to the COVID-19 pandemic impacting the MLB’s start of season. Argued against a coordinated proceeding involving other defendants, achieving no argument on the motion to dismiss
  • Represented a Fortune 50 healthcare insurer in a putative class action brought by substance abuse treatment facilities challenging the company’s reimbursement of out-of-network claims based on pricing supplied by a third-party vendor, including under antitrust and RICO theories. McDermott litigators successfully moved to dismiss the complaint in its entirety, including the antitrust claims with prejudice. Instead of amending their complaint, the facilities voluntarily dismissed
  • Represented an American multinational e-commerce corporation in a denial of class certification and ensuing appeal relating to breach of contract claims and an alleged breach of the implied contractual duty of good faith and fair dealing against the client regarding its 2014 application of a new rating system of sellers on its platform. The tentative was to grant class certification on one of the two theories, but McDermott conducted oral argument and successfully convinced the Court to deny on both theories. The decision to deny class certification was thereafter appealed, which McDermott again successfully argued and won at Alameda Superior Court and the California Court of Appeal

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People


A diverse, global network of industry-leading talent committed to you and your vision.

Key Contacts


William Donovan, Jr.

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Warren Haskel

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