Class Action

A class action can affect the financial well-being of the biggest company, and threaten the very existence of a smaller concern. Why, then, have so many businesses called on Fox Galvin to defend them when faced with a serious class action case?

Because at Fox Galvin we find ways to win, even the most difficult of cases in the most challenging of jurisdictions. Here are a few of the results we have obtained for our class action clients.

Godwin v. Nissan, St. Louis Circuit Court. Putative nationwide class on behalf of 300,000 to 400,000 vehicle owners claiming faulty exhaust manifolds. Damages alleged to be over $1 Billion. After a “drive by” certification was granted, Fox Galvin succeeded in getting the class certification vacated, and getting the case transferred to a more conservative jurisdiction. While summary judgment motions were pending, the case settled for nuisance value.
Meyer v. Laclede Cab Company, St. Louis Circuit Court. Class action case brought against a local cab company, alleging drivers had tampered with meters. Class certification defeated in the trial court and the case was then dismissed with Fox Galvin’s client paying no money.
In re: MTBE Product Liability Litigation, MDL 1358, United States District Court, Southern District of New York. A series of class actions had been brought against the oil refining industry, alleging that a gasoline additive, MTBE, is contaminating groundwater across the county. The claims alleged ran into the billions of dollars. As part of a team of defense lawyers, Fox Galvin attorneys helped defeat plaintiffs’ class certification motion, leading to dismissal or nuisance settlement of all the claims.
Morrow v. Seattle Bike Supply, Madison County Circuit Court. Putative nationwide class alleging improper charges for shipment of bicycles and bicycle parts. Fox Galvin filed a Motion to Dismiss on jurisdictional grounds and the case was dismissed with prejudice. The appeal was dismissed and judgment is now final.
Wiggs v. Seattle Bike Supply, United States District Court for the Southern District of Illinois. Companion case to the Morrow matter, but allegations involved RICO and sought jurisdiction under RICO’s nationwide service of process provisions. The District Court dismissed on Fox Galvin’s motion for lack of jurisdiction and improper venue.
Graham v. Topco Associates, Madison County Circuit Court. In case seeking nationwide class against manufacturers of over the counter pharmaceuticals, Fox Galvin obtained a voluntary dismissal of its client Topco, with no money paid.
Evergreen v. Blue Cross Blue Shield Association, Madison County Circuit Court. Plaintiff alleged improper coding of physicians’ bills led to hundreds of millions of dollars in damages. Fox Galvin met with plaintiffs’ counsel, provided evidence and interviews with key personnel and obtained a voluntary dismissal of the nationwide association with no money paid.
Mueller v. GlaxoSmithKline, Madison County Circuit Court. Plaintiffs filed a putative class action seeking to represent all Illinois users of a drug that had been withdrawn from the market. Following Fox Galvin’s arguments to the Court, the Judge dismissed the claim, indicating he was not going to certify a medical monitoring class. The plaintiffs filed an Amended Complaint dropping the class action allegations.

For more information about our class action practice, contact John Galvin, Jon Garside, Suzanne Galvin, Bart Sullivan or Richard Korn.