Class Action Defense

BakerHostetler’s Class Action Defense team is among the most highly regarded in the country in terms of our attorneys’ experience, strategic sophistication and track record. We are known for our ability to end class actions before they begin, to get meaningful traction through creative case management and motion practice, and to defeat class certification. Our attorneys are routinely recognized by Chambers USA, The Legal 500 and other publications. BTI’s annual Litigation Outlook recognized BakerHostetler as one of the nation’s leading litigation firms, spotlighting its class action defense prowess. BakerHostetler’s Class Action Defense team was recognized in the Leaders category (2022, 2023), honoring the top 3 percent of law firms. According to Law 360, since 2021 BakerHostetler was the second busiest law firm on the defense side, defending clients in 549 cases in 66 federal districts across the country. (May 2024).

Defeated a $600+ million financial services class action that included an eight-day trial on behalf of an American banking company. Law360 recognized the win in its “Legal Lions of the Week.” An Ohio federal jury found that our client owed no damages for the $444 million (plus significant pre-judgment interest) breach of contract claim brought against it for allegedly charging loan program customers a higher annual percentage rate than it advertised and giving inaccurate summaries of those loans to borrowers. The case, first filed in 2012, continued for more than a decade.
Represented an American brewing company in a consumer class action against allegations of false and deceptive advertising and unfair business practices related to the packaging, labeling, and advertising of nonalcoholic malt beverages. The case was successfully dismissed on a 12(b)(6) motion and, while the case was on appeal to the Ninth Circuit, the plaintiff voluntarily dismissed the case with prejudice for no consideration.
Obtained a favorable appellate ruling in the 8th Circuit on behalf of a gaming retailer. The court ruled that the company did not violate its privacy policy by incorporating Facebook features into its subscription-based online gaming services, making it one of the most significant developments in privacy litigation in recent years.
Obtained summary judgment for an insurance company in a consumer class action alleging under-valuations and underpayments of actual cash value on property and loss claims. The court granted both motions in limine to exclude plaintiffs’ experts, and granted summary judgment on all plaintiffs’ claims, which mooted their motion for class cert which was therefore also denied.
Served as counsel for a bankruptcy trustee seeking to recover funds for the victims of a $200+ million Ponzi scheme, including a resounding victory before the 6th Circuit. Convinced the appeals court to reinstate fraudulent transfer and civil conspiracy claims against a lender that knowingly funded the scheme.
Obtained a reversal by the 7th Circuit in a major class action against an insurance company. The district court certified claims for roof damage following a hailstorm that would have compelled the reinspection of thousands of roofs. The court of appeals reversed, applying groundbreaking principles of class certification under Rule 23(b)(2).
Obtained a reversal by the Ohio Supreme Court of a certified class under Rule 23(b)(2) and (3) of more than 100,000 policyholders during a 22-year class period involving windshield repairs. The trendsetting decision advanced fundamental class certification principles.
Defended a financial services company and its officers in a series of ERISA “stock drop” cases involving a company stock fund that lost considerable value during a two-year period. We obtained a dismissal based on standing grounds in the district court, a judgment that was affirmed by the 6th Circuit.
Represented the nation’s largest product certification and testing organization in a putative nationwide class action challenging the client’s testing protocols. Successfully defeated class certification, leading the named plaintiffs to dismiss their claims.
Represented an e-commerce company in a consumer fraud class action alleging that the company violated Missouri’s Merchandising Practices Act by installing flash cookies on the computers of consumers who visited the company’s website.