Class Action Defense

Typically complex and high-profile in nature, class action litigations can place special demands upon the time and attention of high-level leaders within a business organization. Connell Foley’s Class Action Defense group has significant experience and skill in resolving these disputes and guiding clients through cases that may involve large exposures to risk.

We put our clients’ business objectives first and build creative, aggressive and practical legal strategies unique to each case. Integrating our clients’ goals into the particulars of every litigation, we take into account the forum, judge, relevant facts of the case and opposing counsel, among a host of other considerations, and provide a customized approach for each client.

A Track Record of Achieving Results

Our approach has achieved demonstrable success for our clients, particularly through early dispositive motion practice aimed at avoiding protracted and costly discovery. We partner with our clients to facilitate a timely and thorough exchange of information and value our clients’ input at every step of the case.

Representative successes include:

• Dismissing pre-certification claims brought under the New Jersey Fraud Act and the New Jersey Telephone Consumer Protection Act
• Resolving pre-certification claims brought under the New Jersey Truth-in-Consumer Warranty and Notice Act
• Defending of law firms sued under the Fair Debt Collections Practice Act
• Obtained a voluntary dismissal for an insurer — pre-discovery and pending ruling on a motion to dismiss — of a putative class action seeking coverage for medical tattooing under the Women's Health and Cancer Rights Act of 1998
• Defending various putative class actions brought by subscribers, providers and medical associations against health care carriers; alleging violations of ERISA, RICO and other laws; and involving such issues as fraud investigations to recover over-payments, use of databases to determine usual and customary rates for out-of-network services, and coverage policies for treatment of eating disorders
• Obtaining a dismissal of a purported consumer class action under New York law regarding the Marquis Jet Card program, based upon the lack of any actionable conduct in New York
• Representing a pharmaceutical company in a state court class action related to pending Multi-District Litigation, which alleges false and inflated average wholesale prices for certain types of outpatient drugs
• Representing insurers and serving as liaison counsel to insurers and brokers in defending a putative class action asserting antitrust and RICO claims relating to the practice of paying contingent commissions to brokers
• Representing a pharmaceutical company in defending putative class actions from direct and indirect purchasers asserting antitrust violations arising from patents for a prescription drug and related patent litigation with companies seeking to sell generic versions of the product
• Defending director and officer clients in class action securities fraud suits and shareholder derivative actions
• Obtained dismissal of a putative class action brought against a banking and financial services group pursuant to the PSLRA arising out of purchases of certain mortgage backed assets
• Obtained dismissal of a medical monitoring class action brought by former plant employees against a chemical company
• Represented a snack food company in putative class actions in the District of New Jersey and Eastern District of Pennsylvania alleging consumer fraud violations based upon the mislabeling of caloric and fat content
• Represented a public utility company in a derivative shareholder class action brought in New Jersey state court

The Value of Our Team Approach

Connell Foley has the bench strength to assist our clients in an efficient and cost-effective manner. Attorneys in the group have experience with a broad range of class action litigation in areas such as antitrust, pharmaceutical, health care/ERISA, consumer fraud, mass tort, product liability, RICO and securities law. Our team includes nationally known leaders in these substantive areas of the law who can lead the entire defense effort or assume responsibility for critical components of the case. Our group, which includes a number of former judicial law clerks, also possesses invaluable knowledge of the judiciary, the local jury pool and the plaintiffs’ counsel for the putative class.