Overview
Maynard Nexsen knows how damaging a class action lawsuit can be to a company, and our attorneys work to both defeat the class certification and win summary judgment as quickly and efficiently as possible. However, should that strategy not work for the specific facts of the lawsuit, we work with our client to mitigate damages and minimize liability and expense.
Our class action litigators regularly act as national and local counsel in class actions in both state and federal court. Our experienced attorneys defend clients in every facet of class action proceedings, including class certification, motions to dismiss, summary judgment, standing issues, unfair trade practice act issues, remedial action issues, trials, opt-out and objector issues, and all facets of parallel administrative proceedings, related criminal proceedings and derivative actions.
The attorneys in Maynard Nexsen’s Class Action Litigation Group have successfully defended hundreds of class actions across the country in both federal and state court. Our attorneys have litigated a wide variety of class actions, including the following:
- Airlines
- Antitrust
- Consumer Finance
- Education
- Environmental Torts
- Insurance
- Labor
- Products Liability
- RICO
- Telecommunications
Maynard Nexsen has prevailed in a significant number of these class action cases by aggressively filing motions to deny class certification or motions to strike the class action allegations after a class action complaint is filed, or by defeating motions for class certification. Our attorneys also have successfully defended class actions by filing motions to dismiss on the merits or by obtaining summary judgment. Our attorneys have been responsible for obtaining favorable decisions from state, federal district and circuit courts on class certification and merits issues. The Firm has also been involved in settling class actions both before and after the U.S. Supreme Court’s decision in Amchem Products v. Windsor. We are well-versed in all areas of the class action practice under both the Federal and State version of Rule 23.
Maynard Nexsen’s Approach to Class Action Litigation
A class action suit is often part of a concerted litigation attack against a company. Maynard Nexsen works with its clients to develop the appropriate approach to a class action suit that is consistent with the client’s goals. At times, a client may want to defeat class certification and defeat the claims of the individual plaintiffs. At other times, a client may want to use a class action settlement as a vehicle to resolve certain claims. Rather than pursuing a single, uniform approach in connection with the defense of all class actions, our attorneys work closely with clients to develop a creative strategy for handling class action litigation.
Class Action Fairness Act (“CAFA”)
The defense of every class action filed in state court begins with an analysis of whether such action can and should be removed to federal court under the Class Action Fairness Act ("CAFA"). Our attorneys have successfully removed numerous state court class actions to federal court under CAFA. We have been on the cutting edge with arguments defeating motions to remand based on the local controversy and home state exceptions.
