Complex Litigation and Class Actions
Complex cases involve multiple parties and districts, highly technical issues, and large quantities of documents and data to process. K&W’s highly trained professionals specialize in managing and organizing complex cases and class actions. Allan Kanner taught a full semester course on complex litigation at Yale Law School.
K&W has built a national reputation and secured numerous leadership positions (often as lead counsel) in class action and multi-district litigation (MDL) cases. As a smaller firm, K&W does this through cooperation and coordination and welcomes the opportunity to work with firms of various sizes.
Class actions require specialized skills and expertise that many experienced counsel do not possess. Since the firm’s founding in 1981, K&W has had a class action focus, and our attorneys have evolved to be leaders in this dynamic and complex field.
Representative Cases:
- Current lead counsel, In re Dollar Gen. Corp. Motor Oil Mktg. & Sales Practices Litig., Multi-district consumer fraud and breach of implied warranties class actions against Dollar General for its marketing and sale of obsolete motor oil, MDL No. 2709 (W.D. Mo.) (consumer fraud, manufactured goods)
- Medical Mutual of Ohio v. Purdue Pharma L.P., et al., RICO claim brought against more than 30 pharmaceutical manufacturers, distributors and retailers for fraud in the marketing of opioid drugs consolidated into the national opioid, MDL No. 18-cv-00716 (N.D. Ohio) (consumer fraud, pharmaceutical)
- Current co-lead counsel, In re Intuniv Antitrust Litigation, A pay-for-delay class action brought on behalf of consumer purchasers of Intuniv®, No. 1:16-cv-12396 (D.Mass.) (antitrust, pharmaceutical)
- Lead counsel, Barba v. Shire U.S., Inc., et al., Reaching a $14.75 million settlement on behalf of a class of Adderall XR purchasers, No. 13–21158–CIV (S.D.Fla.) (antitrust, pharmaceutical)
- Lead counsel, In re: Budeprion XL Sales and Marketing Litigation national MDL, brought against Teva and Impax for consumer fraud in the marketing of a generic formulation of Wellbutrin XL®, MDL No. 2107 (consumer fraud, pharmaceutical)(preliminary approval granted 2/2/12)
- Current co-lead counsel, In re: Cox Enterprises, Inc., Set-Top Cable Television Box Antitrust Litigation, multi-district antitrust class action against Cox Communications for its illegal tying actions associated with its lease of set-top boxes, MDL No. 2048 (W.D. Okla.) (antitrust)
- Co-lead counsel, Kardonick v. Chase Bank, final approval of $20 million national settlement of Chase customers who purchased credit card payment protection, No. 10-23235 (S.D. Fla.)
- Co-lead counsel, Kardonick v. Citibank, Putative class action brought on behalf of Citi customers who purchased credit card payment protection, No. 10-2303 (S.D. Fla.) (consumer fraud, financial services)
- Lead counsel, Shaffer v. Continental Casualty, $60 million national class settlement for the marketing and sales practice of long term care insurance, No. 06-2335 (C.D. Ca.) (consumer fraud, insurance)
- Co-lead counsel, Press, et al. v. Louisiana Citizens Property Insurance Corp., $23 million class action settlement on behalf of insureds in Louisiana concerning underpayment of overhead & profit expenses following Hurricanes Katrina and Rita, No. 06-5530 (C.D.C., Orleans Parish, Louisiana) (class action)
- Lead counsel, Lemmings v. Second Chance Body Armor, $29 million national class settlement of purchasers and users of defective bulletproof vests, No. CJ-2004-64 (Mayes County Dist. Ct., Okla.) (consumer fraud)
- Lead counsel, Milkman v. American Travelers Life Ins. Co., multi-million dollar national class settlement on behalf of long term care and home health care
policyholders, No. 3775 (Ct. Common Pleas, 1st Judicial Dist., Penn.) (consumer fraud, insurance) - Lead counsel, Talalai v. Cooper Tire & Rubber Co. $300 million national class settlement on behalf of Cooper Tire purchases, MID-L-8839-OOMT, Mass Tort 259 (Law Div. Middlesex County, N.J.) (consumer fraud)
- Lead counsel, Hanson v. Acceleration Life Ins. Co. multi-million dollar national settlement on behalf of long term care policyholders, No. 3:97-152 (D.N.D. 1999) (consumer fraud, insurance)
- Lead counsel, Wallace v. American Agrisurance, multi-million dollar national class settlement on behalf of rice growers holding CRC policies, No. LR-C-99-669 (E.D. Ark.) (consumer fraud, insurance)
- Lead counsel, Dumont v. Charles Schwab & Co., settlement of certified national class of Schwab customers, 2000 WL 1023231, No. 99-2840
- Lead counsel, Petrovic v. Amoco Oil Co., multi-million dollar settlement of certified pollution property class action affirmed on appeal, 200 F.3d 1140 (8th Cir. 1999) (pollution)
- Lead counsel, Tompkins v. BASF, multi-million dollar settlement on behalf of agricultural product purchasers, No. 96-59 (Traill County, N.D.) (consumer fraud, agriculture)
- Lead counsel, Clark v. Household Finance Corp., certification and settlement of statewide class for defrauded employees, No. 97-22420 (King County, Wash.) (employment)
- Co-lead counsel, Waxler v. Trinity Marine Products, $18 million class action settlement against barge manufacturers for defective interior coating of barges, No. 49-741 (25th JDC, Louisiana (consumer fraud, commercial)
- Co-lead counsel, In re: Synthroid Marketing Litigation, $89 million national class action settlement granted final approval and affirmed on appeal, MDL No. 1182, 264 F.3d 712 (7th Cir. 2001) (consumer fraud, pharmaceuticals)
- Co-lead counsel, Jorgenson v. Agway, Inc., multi-million dollar settlement on behalf of over ninety individual sunflower growers, No. A3-00-59 (D.N.D. 2002) (consumer fraud, agricultural
- Co-lead counsel, Bonilla v. Trebol Motors, $129.5 million class action verdict affirmed in part and reversed in part on appeal, settled as to all parties, No. 92-1795 (D.P.R.) (consumer fraud)
