Big class action filings, settlements and verdicts routinely appear in the headlines. Indeed, a class action case can affect the financial well-being of the biggest company and threaten the very existence of a smaller concern. Keeping your company’s name out of the headlines is a challenge, particularly when a class action case is filed in a difficult jurisdiction. At Fox Galvin, we are proud of our record in keeping our clients’ names out of the headlines, despite the fact that two of the jurisdictions in which we most often appear (the City of St. Louis and Madison County, Illinois) have made the list of eleven “judicial hellholes” according to the American Tort Reform Association. In a perfect world, defense victories in class action cases would appear in the headlines. To give you a little taste of what we have achieved, we would like to share a few headlines that were NOT printed.

We are certain you understand that we cannot name names. However, here are some details that we can share with you.


DROPPED!

Pharmaceutical Medical Monitoring Claim Dismissed:
Circuit Court of Madison County, Illinois

Plaintiffs had filed a putative class action seeking to represent all Illinois users of a drug that had been withdrawn from the market. The Complaint sought personal injury damages, medical monitoring, and refunds of purchase price. Following arguments to the Court, the Judge dismissed the claim, indicating he was not going to certify a class. The plaintiffs filed an Amended Complaint dropping the class action allegations against Fox Galvin’s client.

NO SALE!

Madison County Court Sends Plaintiff Home Empty Handed

“We decided to aggressively seek dismissal on personal jurisdiction grounds, knowing the Court had already certified a nationwide class in a companion case.” —John Galvin, Partner

CASE CLOSED!

Fox Galvin Convinces Judge to Drop Drug Class Action Claim

“In granting our Motion to Dismiss, the Judge made clear he was not going to certify a medical monitoring class.” —Michael Downey, Partner

DISMISSED!

Alleged Billing Fraud Case Dismissed:
Circuit Court of Madison County, Illinois

Plaintiffs sought to represent a class of physicians alleging improper handling of payment of claims. Fox Galvin represented a national association of health plans and was successful in obtaining a dismissal of the claims directed to its client, with no money paid. The same claim, leveled against another medical association not represented by Fox Galvin and filed in the same jurisdiction, resulted in class certification. The value of an eventual settlement agreement was estimated to be $500 million.

DENIED!

Court Denies Certification of Fraud Claims Against Cab Company: Circuit Court of the City of St. Louis, Missouri

The plaintiffs sought to have a class certified on behalf of taxi cab customers alleging fraud regarding the metered rates charged to riders. Following briefing and argument of the class certification issue, and before a single deposition was taken, the Court denied class certification and the case was dismissed, with Fox Galvin’s client paying no money.

DEFEATED!

$1.5 Billion Environmental Class Action Defeated:
United States District Court for the Southern District of New York

Plaintiffs sought to represent private well owners across the country in cases involving a gasoline additive. Various class action cases were consolidated in a Multi District Litigation proceeding. The estimated cost to simply identify the members of the purported class exceeded a billion dollars. Fox Galvin worked with a group of defense lawyers on behalf of the refining industry. The United States District Court for the Southern District of New York denied plaintiffs’ motion for class certification, and the claims have now been favorably resolved.

CLASS ACTION
DEFENSE TEAM

When your company is sued in a class action case, the last thing you want is to read about the result in the headlines. At Fox Galvin, we have a track record of keeping our clients’ names out of the newspaper.