Class Actions

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About

Class action litigation involves high stakes cases with the real potential for literally making or breaking many of the defendants we represent. Such lawsuits are often referred to as “bet the company” cases. Sandberg Phoenix attorneys have been defending businesses of all types and sizes, as well as individuals, in class action cases for decades. Whether filed in state court or federal court, we fight to achieve the best possible outcome for each client. We do so either as the only firm or as part of a team of firms retained to protect our client. In some cases, a group of defendants are joined in the same case, which often allows our clients to coordinate and cooperate with the other defendants for the benefit of all. We carefully evaluate and recommend to our clients the approach we think will work best for them in each case realizing each case has to be approached differently and that “cookie cutter” solutions are not what our clients are looking for when they are confronted with having to defend against a class action case.

We use these same skills to defend clients in related kinds of complex litigation, including multi-district litigation (MDL). We are frequently asked to represent clients in a wide range of industries, including banking and financial, insurance, accounting, tax preparation, automobile and other product manufacturing, chemical and energy production, municipalities, and real estate providers. We defend cases alleging federal and state statutory violations and a wide array of common law theories, including breach of contract, breach of fiduciary duty, nuisance, trespass, fraud, and anti-trust violations, to name a few. Frequently millions (sometimes billions) of dollars are at stake. We work closely with our clients to obtain, investigate, and evaluate the facts, formulate a strategy, and execute the agreed upon strategy to achieve the best possible results for that client whether settlement, attacking class certification, or providing a full-scale defense to verdict at trial.

Our class action attorneys have a combined total experience of several decades in many types of class action and mass tort litigation. A representative sampling includes:

  • Successfully opposing class certification in three separate but related cases prosecuted against trucking and railroad companies alleged to have used PCB contaminated oil for dust control.
  • Defended multiple state and federal court class action suits filed against petroleum refiners alleged to have caused groundwater contamination through the use of the additive MTBE.
  • Defended a hospital system against 50 class action suits in which class certification was defeated and defense verdicts were obtained related to alleged sub-standard infection-control. We also defeated class certification for the same system when an alleged Fair Debt Collection Practices Act suit was filed.
  • Successfully opposed class certification in state and federal class action lawsuits filed in western Missouri against a life insurance company. After the Class Action Fairness Act was enacted the suit was refiled and then settled on favorable terms while a related case was being litigated in state court in Kansas.
  • Successfully resolved a 14-year class action suit filed in Madison County, Illinois which involved allegedly improper medical payments reduction practices. After filing two decertification motions and taking other vigorous defense positions, the case was settled using a claims process which resulted in claims paid of less than $10,000.00.
  • Secured a settlement for a nominal amount before the court ruled on the class certification motion involving claims that excessive security deposits were retained.
  • Obtained dismissal of a putative class action brought against a community bank over an alleged 360-day year for interest purposes.
  • Represented a regional accounting firm in litigation where the primary allegations centered on purported violations of the Fair Credit Reporting Act.

The cases referred to above are only a representative sampling of cases handled by our team members for clients in various industries facing a wide range of legal theories.

Please call one of our Class Action Team leaders for more information. Tony Martin can be contacted at 314.446.4281 and Natalie Kussart can be reached at 314.446.4376. If you prefer to e-mail one of them, Tony and Natalie’s e-mail addresses are amartin@sandbergphoenix.com and nkussart@sandbergphoenix.com, respectively

 

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2016 Sandberg Phoenix & von Gontard P.C. All Rights Reserved. Sandberg Phoenix & Von Gontard P.C.is a law firm with a primary office located in Downtown St. Louis, Missouri. Website Hosted by St. Louis Web Hosting

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