The class action has become an increasingly potent and often-used weapon in the arsenal of the plaintiffs’ bar. Class action litigation is inherently broad and high stakes and in some instances involves “bet the company” risks given the size and scope of putative classes. Hughes Hubbard has had long experience successfully litigating these claims in all manner of cases — from antitrust to consumer fraud to securities to product liability to mergers and acquisitions and beyond — including in the most challenging state and federal court venues. Our recent representations include:
- National coordinating counsel for a major U.S. pharmaceutical company involving some of the most active and well-publicized class action litigations in the U.S.
- National coordinating counsel for Pioneer Corporation, Pioneer North America, Inc. and Pioneer Electronics (USA) Inc. in over 30 consumer class actions in state courts across the country.
- Defense of all the outside directors of Dynegy, Inc. in state and federal shareholder derivative actions and a consolidated federal securities class action.
- Defense of Chemtall Inc. in West Virginia state court in a class action involving a putative class of coal preparation plant workers in six states who alleged exposure to polyacrylamide. We successfully persuaded West Virginia’s highest court to de-certify a six-state class certified by the trial court.
- National coordinating counsel for Chemical Specialties, Inc. in four class actions involving claims of consumer fraud and product liability in the manufacture and sale of CCA-treated wood. We successfully opposed class certification in three of the cases, and the fourth was dismissed on motion.
- Representation of a major pharmaceutical manufacturer in an industry-wide class action litigation filed in U.S. District Court for the District of Minnesota under federal and state antitrust laws alleging price fixing and other collusion in connection with alleged joint effort to deter illegal drug imports from Canada.
- Defense of Hanover Compressor Company in aconsolidated securities class action, multiple ERISA-based class actions and multiple shareholder derivative actions.
- Defense of ALSTOM S.A. in a consolidated federal class action brought on behalf of purchasers of ALSTOM stock.
- Defense of Deloitte & Touche USA LLP in a securities class action challenging the business model and audited financial statements of Priceline.
- Defense of Nautica and its board of directors in a class action challenging various aspects of its merger.
- Defense of Burlington Coat Factory and its board of directors in a class action challenging various aspects of its merger.
While the nature of the actions are complex and the factual and legal contexts different, our approach is consistent: we work closely with our clients, master the relevant facts and aggressively position the matter to an advantageous conclusion. Whether through a motion to dismiss, opposition to class certification, summary disposition or creative settlement, our strategic and tactical planning and execution has led to significant victories and advantageous resolutions of the matters we have litigated.
If you wish to learn more information about our class action practice or to join our mailing list, contact Kevin Abikoff or Robb Patryk.