Class Action Defense

Antitrust Class Action Defense

• Defending education technology company against a series of proposed class actions asserting antitrust and other unfair competition claims brought by independent retailers and students relating to sales of digital higher education courseware (In Re Inclusive Access Course Materials Antitrust Litig.).

• Representing a major dairy cooperative alleged to be a co-conspirator in treble-damages class actions alleging price fixing and monopolization in the dairy industry of the southeastern US.
• Representing a major railroad in treble-damages class actions alleging price fixing of fuel surcharges.
• Defense of a leading Asian airline in US treble-damages class actions associated with ongoing multinational criminal cartel investigations.
• Defending a major marketer of electric power in treble-damages class actions alleging rigging of power auctions.
• Defending a major automobile insurer in multiple class actions directed at the use of non-original equipment repair parts and other claims handling practices.
• Defending a major purchaser of ammonium nitrate in suits brought by coal companies for price-fixing.
• Defending a major workers' compensation insurer in state court antitrust class actions alleging price-fixing and related offenses.

Consumer Class Action Defense

• Defending electronic learning toy company in a Federal Trade Commission investigation and a series of consumer class actions – among the first of their kind – asserting diminished value claims based on a data breach involving online products and applications.
• Defending a high-profile individual in class actions and related government investigations arising from alleged use of inside information in the online fantasy sports industry.
• Defending marketing company against putative class claims under the Telephone Communications Privacy Act (TCPA).
• Defending group of distributors against diminished value and property damage claims arising from allegedly defective windows.
• Defeated class certification motions in multidistrict consumer class actions relating to BPA in plastic bottles and children’s sippy cups.
• Defeated or obtained voluntary dismissals of approximately a half dozen state or nationwide class actions claiming property damage as a result of allegedly defective wood decking without paying a single dollar in settlement.
• Obtained dismissal of putative class action challenging a manufacturer’s representations about the efficacy of its cosmetic product.
• Served as national coordinating counsel for major wireless carrier in several class actions alleging diminished value and other economic injuries as a result of alleged product defects involving complex preemption and jurisdictional issues.
• Successfully defended grocery and drug store companies in more than ten consumer class actions alleging misleading advertising and product labeling.
• Won motion to dismiss in a class action lawsuit filed in federal court against a major consumer software manufacturer, alleging breach of contract and consumer fraud.
• National defense counsel to food manufacturer, setting overall defense strategy, handling scores of claims, as well as defending several lawsuits and arbitrations arising from nationwide recall of food product.
• Represented third party that successfully avoided implication in large scale product liability class action arising out of alleged automotive defect.
• Represented an international computer manufacturer in a product liability putative class action involving a computer design defect.

Privacy & Data Breach Class Action Defense

• Successfully obtained dismissal of two class actions arising from a data breach based on lack of Article III standing.

• Defending multiple companies against putative class actions alleging violations of Illinois' Biometric Information Privacy Act (BIPA).

• Successful representation of Motorola, Inc., against claims arising from theft of laptop containing protected information.
• Successful representation of several retailers in litigation with financial institutions over credit card charges paid for customers following unauthorized penetration of the retailers/banks payment flows.
• Internal investigation and defense of Ralph Lauren Corporation against various claims following data breach of its servers.
• Successful defense with investigating agencies and in civil litigation of several advertising agencies and their internet retailer clients over spoofing websites set up to capture credit card information, including takedown notices, preliminary and permanent injunction litigation to put spoofers out of business.
• Successful defense of Toys "R" Us in FACTA class action litigation (largest consumer class action in the country when brought).
• Obtained dismissal of two class actions against a multinational publishing and education company in connection with a data security incident involving an educational technology product that allegedly resulted in unauthorized access to student information from 13,000 school and university accounts.

Insurance Class Action Defense

• Defended insurance client and group of affiliated insurance companies in putative nationwide class action asserting bad faith and other causes of action arising out of client’s use of Colossus, a claim software system.
• Represented global insurer in advertising liability coverage consumer class action cases.
• Secured summary judgment for client in a coverage action seeking defense and indemnity for liability associated with two class action antitrust suits under the “personal and advertising injury” of CGL policies. In an issue of first impression, the court ruled that there was no “offense” within the meaning of the policy, the criminal acts exclusion barred coverage, and the requisite “advertisement injury” did not exist.
• Prevailed in a motion to decertify a class against an insured for a major insurance carrier in a case brought by individuals who owned or occupied property within a 1.25-mile radius of an industrial hog farm, who allegedly suffered damages from odors associated with the farm’s operation in western Kentucky. Previously, the district court had certified the class, and that certification order had survived an appeal to the 6th Circuit. However, Steptoe successfully argued for summary judgment and developed evidence to convince the court to decertify the class. The case settled.
• Represented personal lines carrier in a putative statewide (Illinois) class action filed in Madison County, Illinois, by an insured that attacked the company’s claim-settlement practices for “minor impact soft tissue” injuries. Steptoe obtained a dismissal order, persuading the Madison County trial court to dismiss the case because the putative class representative lacked any legally recognized injury and could not show that the insurer breached its contract with the plaintiff.
• Defended client and related entities in putative nationwide class action regarding the “v550” policy endorsement for automobile liability policies.

Transportation Class Action Defense

• Successfully represented Southwest Airlines in defense of a putative class action filed by individuals in Los Angeles alleging that Southwest’s “Early Bird Check-in” (ECBI) program was deceptive or otherwise unlawful. We precluded the plaintiff’s efforts to seek class certification and then filed summary judgment on the two remaining claims before any discovery took place, pointing out that there is no contractual obligation that was breached. During the hearing, plaintiffs’ counsel tried to argue that Southwest failed to disclose various limitations on EBCI, but the judge rejected all these arguments.
• Successfully filed a Rule 23(f) petition for our client BNSF Railway Company and three other large railroad defendants in an antitrust price-fixing case. The DC Circuit vacated a class certification ruling by the trial court judge and remanded the case to permit the court to reconsider its decision in light of the US Supreme Court’s ruling in Comcast v. Behrend.
• Defend Union Pacific Railroad Company against class action claims of landowners that the railroad caused and/or exacerbated a flood in Cedar Rapids, IA by loading rail cars on its bridge.
• Represent ABC Aerolineas (“Interjet”) in connection with collection of Mexican tourism tax from allegedly exempt passengers. We have successfully dismissed claims by airline passenger alleging that carrier and other airlines had violated the Racketeer Influenced and Corrupt Organizations Act (RICO) in connection with airlines' charging and collection of the Mexican Tourism Tax from exempt passengers.
• Represent a major global distribution system (GDS) in antitrust class action litigation in the US District Court for the Southern District of New York, where plaintiffs seek to certify a class consisting of airline passengers claiming that the GDS defendants conspired to raise airline ticket prices.