Husch Blackwell’s class action team has significant experience defending class actions in state and federal courts across the country. We use innovative and creative strategies that deliver results. Our class action attorneys handle everything from “bet the company” multidistrict litigation to coordinated industry attacks, supplier litigation, toxic exposure, and mass consumer and employment actions.
Commercial Class Actions
Our team has years of experience creatively and effectively defending our clients’ business practices against putative class action claims. Many commercial and consumer class actions are dismissed after motion practice, with no client liability, after the claims of class representatives fail. Many others are favorably resolved on an individual non-class basis, typically after class certification is denied.
Our experience includes defending putative class action claims arising in a variety of contexts, including:
Toxic Tort and Product Liability Class Actions
Husch Blackwell has successfully defended numerous chemical, environmental response, energy, agricultural, manufacturing and other companies in dozens of toxic tort putative class and mass actions. These cases have included claims of alleged personal injury, medical monitoring and fear of cancer, statutory and common law torts, property damage, property stigma and diminution, and public and private nuisance.
Our class action team excels at developing creative strategies throughout the trial process, for instance: negotiating favorable case management orders; arguing and preserving the right to bellwether instead of common issue trials; and asserting venue motions (including through extraordinary writ practice as needed) in cases involving attempted venue abuses by out-of-state plaintiffs. Our innovative strategies and forceful advocacy have helped deliver impressive jury trial defense verdicts in high-profile mass action tort cases, including notoriously plaintiff-friendly jurisdictions.
‘Virtual Law Firm’ Partnerships
In addition to serving as lead counsel, the class action team works effectively and amicably on virtual law firm teams created to meet our clients’ critical class and mass action defense needs in forums across the country. Our skilled litigation professionals create and integrate shared document, pleadings and deposition online sites that allow our team and co-counsel to handle matters efficiently and cost-effectively. These legal professionals are billed at our cost-effective Midwestern rates, regardless of where cases are pending.
Class Action Fairness Act (CAFA) and Other Removals
Husch Blackwell litigators have filed dozens of removal petitions in complex (and simple) cases, and have prosecuted and defended petitions for leave to appeal from class action remands under 28 U.S.C. 1453(c)(1). Upon request, we will quickly review any putative class or mass action filed in state court and advise on the potential for removal to federal court and the strategic implications of that decision.