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Class Action Defense


We frequently act as counsel in class actions in both state and federal court. Our attorneys defend clients in all aspects of class action litigation including class certification, forum issues, dispositive motions, opt out and objector issues, settlement and fee issues. We have represented clients against class action claims arising from a variety of issues, such as antitrust and trade regulation, employment, insurance, products liability and personal injury.

Representative Experience

  • Represented a defendant corporation in an antitrust price fixing case in the racing merchandise industry in Tennessee. The trial court denied class certification and granted summary judgment for defendants, which was affirmed on appeal.
  • Represented a major workers' compensation insurer in a class action case in North Carolina in which the North Carolina Supreme Court affirmed dismissal of the case before class certification and adopted the federal filed rate doctrine as a matter of state antitrust law. That doctrine holds that antitrust damages may not be obtained where rates are filed by competitors with an administrative agency and become the lawful rates. In our case, the North Carolina Supreme Court rejected the plaintiffs' claims that the actions of the defendants related to certain fees or otherwise were not related to rates themselves.
  • Represented a defendant in the federal court for the Middle District of North Carolina in a WARN Act case regarding notice of layoffs. The matter was favorably resolved for our client.
  • Represented a major insurance company in South Carolina state court in an action alleging price fixing of workers' compensation rates. The matter was settled and a related action in North Carolina state court was dismissed on the basis of the filed rate doctrine before class certification.
  • Represented a defendant in the federal court for the Eastern District of North Carolina in an action alleging that domestic and foreign air lines conspired to fix travel agency commissions.
  • Defended a corporation in North Carolina State Court in a consumer class action, which was a follow-on to a Federal Trade Commission (FTC) claim against our client. The plaintiff voluntarily dismissed its case (prior to certification) after we took the proposed representatives' depositions and exposed the lack of evidence to support the substance of the claims and the right to class action status.
  • Represented national insurer in class action claiming that companies offering workers' compensation insurance combined with their rating organizations to raise fees paid those that wrote polices in the assigned risk pool with the alleged result that employers paid higher rates. The North Carolina Supreme Court ordered dismissal of the case and, in doing so, adopted the filed rate policy as a matter of North Carolina state antitrust law.
  • Defended manufacturer of medical x-ray film in indirect purchaser class action claiming price fixing. A class was certified in connection with settlement of the case.
  • Defeated class certification for a FORTUNE 500 company in a class action age discrimination case and obtained summary judgment on 38 individual claims.

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