Class Action Litigation

Balch & Bingham lawyers have extensive experience in litigating nationwide and statewide class actions in state and federal courts, including the representation of banks, corporations, utilities, accounting firms, and many other entities. We have experience in all aspects of class action litigation, including litigating the class certification itself, conducting class and merits discovery, litigating the merits in large class action cases, negotiating settlements and obtaining approval -- including those in which there are objectors, and successfully handling appeals involving class certification and related issues. Our experience also includes utilizing the latest case management technologies in class actions and other complex, multiparty disputes.

For instance, Balch & Bingham attorneys have litigated such class actions as:

Banking and Consumer Finance:

Successfully defeated class action charging a bank with improperly calculating the interest on certain Certificates of Deposits.
Successfully defeated class action charging a bank with using an improper method of posting checks in order to increase fees.
Successfully settled several class actions charging various banks and finance companies with fraud, suppression, and violations of the Truth In Lending Act regarding the financing of sales of satellite dishes.
Successfully defended class action against a bank by holders of defaulted industrial revenue bonds.
Successfully avoided class certification in a number of nationwide class actions alleging violations of RESPA.
Defending new round of putative nationwide RESPA class actions dealing with the mortgage and subprime crisis.
Defending lenders, settlement service providers and title insurance agents in actions and class actions over mortgage practices.
Defeated class action alleging wrongful action in the making of tax refund anticipated loans.
Successfully settled a class action against a nationwide consumer lender regarding the financing of certain furniture sales.
Successfully settled on an individual basis a class against a nationwide bank regarding property inspection fees charged on mortgages.
Successfully settled on an individual basis a class action regarding the marketing of variable annuities.
Successfully defended a number of other banking and finance class actions including those dealing with VSI, credit life insurance and mortgage escrow practices.

Antitrust:

Successfully defended and settled several antitrust actions alleging the international fixing of pricing in certain vitamin and animal supplement products.
Defended a multi-state class action alleging price fixing in the lysine market.
Defended class action dealing with accounting for parts as impacting electric utility rates.

Securities:

Successfully defended and settled a large securities class action against a nationwide accounting firm where the underlying corporation had filed for Chapter 7 bankruptcy protection.
Successfully defended shareholder derivative action and minority shareholder oppression claims made when manufacturer filed for Chapter 7 bankruptcy protection.

Insurance:

Defeated class certification in a state court class action against a nationwide insurer over property insurance rates.
Defending a class action in state court regarding settlement practices in auto repair claims against a nationwide insurer.
Defending putative nationwide class over alleged use of after-market auto parts against nationwide insurer.
Defeated a class action alleging the nonpayment of certain insurance taxes against a workers compensation insurer.
Defeated a class action alleging "golden handcuffs" against a workers compensation insurer by former members.
Defeated a class action alleging, among other things, fraud, suppression, breach in the sale of medicaid and medigap insurance.

Property Rights and Environmental Litigation:

Defeated class action on the merits in a state court action alleging pollution of a lake by local landowners.
Defeated class action alleging violations of certain property rights and covenants regarding a communications tower.
Litigated several class action toxic tort cases (including settling on an individual basis.)

Food and Drugs:

Currently defending two separate class actions alleging fraud, suppression, violations of various federal food and drug regulations dealing with certain consumer foods.
Defending claims for breach of contract, fraud and securities law claims in a pharmaceuticals class action.

Employment:

Defeated several class actions alleging racial discrimination in employment practices.
Litigated several class actions for school desegregation and other civil rights actions.

These are only a few examples of Balch & Bingham's class action experience. We would be happy to provide a list of cases upon request, as well as a list of references.