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.
Flannery, Taylor, Gann Discuss Using Gaos Opinion to Foil Class Certification
May 9, 2019
McGuireWoods Advises Dominion Energy In Closing $13 Billion Merger With SCANA
January 10, 2019
Three McGuireWoods Charlotte Partners Honored as North Carolina ‘Leaders in the Law’
October 26, 2018
Corporate Counsel Rate McGuireWoods A Litigation Standout in New BTI Report
October 23, 2018
9th Circuit Saves Nationwide Settlement Classes
June 7, 2019
U.S. Supreme Court Rejects Third-Party Removal Under Class Action Fairness Act
May 31, 2019
California Court of Appeals Joins FCRA's Mad Tea Party
April 24, 2019
Snap Removals – An Often-Neglected Path to Federal Court
January 16, 2019
Amendments to Rule 23 on Class Settlements and Objections Now Live
December 4, 2018