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Class & Collective Action Litigation

Wargo French Singer attorneys have a long history of successfully handling class actions filed in state and federal courts across the country.

Our attorneys have represented clients in virtually every type of class action case, including matters involving employment, insurance, consumer protection, fraud, RICO, Fair Labor Standards Act, Telephone Consumer Protection Act, Fair Debt Collection Practices Act, Truth in Lending Act, toxic torts, environmental issues, products liability, securities and breach of contract.

THE FOLLOWING EXAMPLES ARE INDICATIVE OF THE TYPES OF CLASS ACTION MATTERS WE’VE HANDLED:
  • Defended a major cable television company in a consumer fraud class action in Minnesota. In a ruling of first impression, obtained a complete dismissal of all of plaintiff’s claims based on the application of the filed-rate doctrine. Dismissal was upheld on appeal by the United States Court of Appeals for the Eighth Circuit. These decisions were the first in the country to hold that the filed-rate doctrine applies to regulated rates for cable television service.
  • Defended professional charitable fundraising company in nationwide class action brought by putative class of donors claiming violations of state consumer-protection statutes, including a claim that client’s entire business model was illegal and had to be shut down. Obtained transfer of litigation to appropriate venue and filed comprehensive motion to dismiss that disposed of majority of plaintiffs’ claims, including the foregoing. Also filed motion to strike nationwide class allegations based on significant conflict-of-laws issues as between the various state statutes implicated by plaintiffs’ class definition. Thereafter, negotiated settlement of remaining on an individual basis and obtained full dismissal.
  • Represented loan servicing company in class-action lawsuit alleging widespread violations of state law in resolving borrower default issues. Filed early motions to dismiss and to strike class allegations from complaint, arguing that named plaintiff failed to state a claim and that class could not be certified in any event given individualized issues of “materiality” relating to borrowers’ particular efforts to achieve resolution. While motions were pending, negotiated favorable pre-discovery settlement for client.
  • Obtained full defense summary judgment and denial of class certification motion for client cable provider in wage-and-hour action filed by putative class of current and former employees, alleging that client had failed to provide employees with accurate wage statements, and failed to timely pay wages.
  • Represented national branding and advertising agency in class-action wage-and-hour dispute brought by talent that worked on a photo and video shoot for agency’s client and asserted claims under joint employer theory. Defended matter aggressively, arguing that putative class members were properly classified as independent contractors and that joint employer theory was not viable. Successfully settled matter at mediation for fraction of damages sought in complaint.
  • Defended national cable telecommunications company in numerous cases in state and federal court in California alleging violations of California labor code provisions regarding, among other things, minimum wage, overtime, meal and rest breaks and wage statements. Obtained dismissal on first motion or summary judgment in numerous cases prior to class certification, while negotiating nominal settlements on an individual basis in other matters.
  • Represented major consulting company in class action brought under Americans with Disabilities Act and ERISA by former consultant. Prevailed on motion to dismiss prior to discovery or class certification.
  • Represented a major insurance company in action brought by a previously certified class of individuals who had taken an assignment of certain claims for indemnity against insurer from a third party as part of a class action settlement in a related action. Convinced the court not to exercise supplemental jurisdiction over the claims asserted by the class against insurer and obtained complete dismissal of the action.
  • Represented regional shipping company in antitrust class action involving allegations of price fixing relating to fuel surcharges. Obtained voluntary dismissal of claims asserted by plaintiffs against client.
  • Represented mortgage bank in a breach of contract and breach of fiduciary duty class action brought by borrowers who claimed that the bank unlawfully required its borrowers to maintain excessive escrow deposits for the payment of taxes and insurance. Obtained judgment on the pleadings and a full dismissal of all claims prior to any discovery or class certification.
  • Defended an international web hosting company in a class action regarding alleged violations of the Telephone Consumer Protection Act and defeated plaintiffs’ motion to certify class.
  • Retained to represent major personal computer manufacturing company after a class action was conditionally certified against the client pursuant to the Fair Labor Standards Act. After a full certification hearing, convinced the court to decertify the class.
  • Defeated a motion for class certification and obtained voluntary dismissal of all claims asserted by plaintiff on behalf of the putative class in a proceeding against debt collector brought under the Fair Debt Collection Practices Act.
  • Defended a major cable television company in a multi-million dollar fraud and deceptive trade practices class action. Obtained a complete dismissal of all of plaintiffs’ claims prior to any discovery or class certification.
  • Defended a debt collector in two class actions brought under the Fair Debt Collection Practices Act. Obtained judgment as a matter of law in favor of debt collector, prior to class certification or discovery, of all of the claims asserted by plaintiffs on behalf of the putative classes.
  • Defended a major cable television company in a multi-million dollar Fair Labor Standards Act class action. Obtained summary judgment, after bifurcated discovery, with respect to all of the named plaintiff’s claims prior to class certification.
  • Defended an international web hosting company in a Fair Labor Standards Act class action. Obtained a dismissal, prior to class certification or discovery, of all of the claims asserted by plaintiff on behalf of the putative class.
  • Defended a multinational company in a securities class action. Obtained a complete dismissal of all claims prior to class certification.
  • Defended a life insurance company in a breach of contract class action. Obtained summary judgment with respect to all of plaintiff’s claims prior to class certification.
  • Defended a Fortune 50 company in a multi-million dollar fraud and breach of contract class action. Obtained a complete dismissal of all of plaintiff’s claims prior to class certification.
  • Defended a chemical manufacturer in a class action brought by local residents arising from various chemical releases. Defeated motion for class certification and obtained voluntary dismissals of all of plaintiffs’ claims.
  • Represented major network in RICO class action filed against multiple defendants. Obtained extremely favorable settlement prior to class certification.
  • Defended a major insurance company in a multi-million dollar fraud class action. Opened a default previously entered against the client and obtained summary judgment with respect to all of plaintiff’s claims.
  • Represented major insurance company in fraud and breach of contract class action. Filed an early summary judgment motion that forced plaintiff to abandon the case.

All Practice Areas

Michael S. French
Jeffrey N. Williams