Defeated a class certification motion on behalf of a consumer finance company related to Telephone Consumer Protection Act (TCPA) allegations in the 7th Circuit. The court ruled that the class could not be ascertained, the class definition constituted an improper “fail-safe” class, and the plaintiff failed to establish the Rule 23 requirements of commonality, predominance, adequacy, typicality and superiority. The court also held that the plaintiff did not establish numerosity, an unusual element for a court to decide in ruling against a class plaintiff.
Defense of one of the largest, multinational polyurethane foam manufacturers in direct purchaser and indirect purchaser class action antitrust litigation stemming from allegations of price-fixing and market allocation in MDL 2196, In re Polyurethane Foam Antitrust Litigation. In addition to representing our client, our firm served as Liaison Counsel for Defendants. While ultimately resolved through settlement, class definitions and putative damages were significantly narrowed as a result of vigorous discovery and motion practice. Our firm’s representation was multinational, involving class actions in several Canadian provinces and criminal investigations in the U.S., Canada and the EC. We also defended the client in over twelve direct “opt-out” or “follow on” actions in the United States and the United Kingdom.
Representation of a Fortune 200 financial institution in a breach of contract multi-district litigation relating to an interest rate increase on more than 30 million of its credit card accounts. The plaintiffs alleged breach of contract, breach of the implied duty of good faith and fair dealing, unjust enrichment, violations of the Truth in Lending Act (TLA), and more. With cases filed across the country, the matter was consolidated to the Northern District of Georgia. We prevailed on summary judgment on all claims, and the 11th Circuit affirmed on appeal.
Representation of a financial institution in a class action lawsuit filed by foreign investors related to an alleged $225 million fraud scheme orchestrated by an attorney who allegedly deposited the investment funds into various attorney trust accounts with bank and proceeded to use those funds to pay unrelated premium obligations or to pay out money to other investors and participants in the scheme. Plaintiffs, purporting to represent all 1,000+ investors, alleged that the bank failed to properly investigate the nature of the trust accounts, and failed to properly monitor and investigate the money movement between the accounts. After 18 months of litigation, the case settled on terms favorable for the client.
Wedemeyer v. CSX Transportation, Inc., 850 F.3d 889 (7th Cir. 2017). Secured victory on preemption under the Interstate Commerce Commission Termination Act (ICCTA). The Seventh Circuit rejected an adjacent landowner’s attempt to use state law to take active operating railroad property. It held that ICCTA preempts state law and permits railroads to operate free from interference by state regulation.
McGuireWoods Managing Partner Tracy Walker Honored Among Virginia Leaders in the Law
October 28, 2019
Accomplished Litigator Tanya Greene Joins McGuireWoods as a Partner in Los Angeles
October 3, 2019
McGuireWoods Adds Partner Remy Kessler to Labor & Employment Team in California
August 28, 2019
192 McGuireWoods Attorneys Recognized in 2020 Edition of The Best Lawyers in America
August 15, 2019
NY Appellate Division Affirms Seller Retains Privilege for Certain Pre-acquisition Communications
December 9, 2019
Revitalization of CIPA Claims in the Age of “Smart” Speakers (Part III)
October 17, 2019
Revitalization of CIPA Claims in the New Age of “Smart” Speakers (Part II)
October 16, 2019
Revitalization of CIPA Claims in the New Age of “Smart” Speakers (Part I)
October 11, 2019
11th Circuit Ruling Calls Text Message TCPA Class Actions Into Question
August 30, 2019