Barnes & Thornburg LLP attorneys are regularly involved in class actions, almost always on behalf of one or more defendants. We have defended, or are currently defending, clients in over 50 cases filed as class actions in state and federal courts in 15 states as well as in arbitrations. The underlying claims in those cases have included product liability, consumer protection, securities laws, environmental laws, lender liability, antitrust, ERISA and labor laws.
Our experience enables us to advise our clients on the many special tactical issues presented by class actions, including:
- potential options for change of forum (e.g., federal jurisdiction under the Class Action Fairness Act, arbitration clauses, multi-district litigation),
- evaluation of potential settlement on a class or non-class basis,
- case management orders and sequencing of class and merits motions,
- objections to certification of classes in whole or in part,
- objections to class definitions and representatives,
- contents and delivery methods for class notices,
- administration of class settlement distributions, and
- positions to be taken with respect to requests for attorney fees.
Class actions require early evaluation and strategic decisions. The experience of our attorneys, coupled with the firm’s in house litigation resources, make such analysis possible. We employ aggressive and proactive case management techniques to pursue the client’s chosen strategy in these complex cases.