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, and Allan Kanner taught an extensive course on complex litigation at Yale Law School. K&W has built a national reputation and secured numerous leadership positions (as lead counsel) in class action and multidistrict 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:
- In re Metformin Marketing and Sales Practices Litigation, No. 2:20‑cv‑2324‑MCA‑MAH (D.N.J. 2020), (leadership counsel in consumer fraud/warranty class action on behalf of purchasers of contaminated metformin) (consumer fraud, pharmaceutical).
- In re Valsartan Prods. Liab. Litig., MDL No. 2875 (D.N.J. 2019), (Co‑Lead counsel for the MDL and in certified litigation classes for consumers and TPPs involving contaminated Valsartan) (consumer fraud, pharmaceutical).
- Medical Mutual of Ohio v. Purdue Pharma L.P., MDL No. 18‑cv‑00716 (N.D. Ohio 2018), (Co‑lead counsel in RICO claim on behalf of Ohio insurers brought against more than 30 pharmaceutical manufacturers, distributors and retailers for fraud in the marketing of opioid drugs consolidated into the national opioid MDL) (consumer fraud, pharmaceutical).
- In re Intuniv Antitrust Litigation, No. 1:16‑cv‑12396 (D. Mass. 2016), (Co‑lead counsel in a pay‑for‑delay class action brought on behalf of consumer purchasers of Intuniv®) (antitrust, pharmaceutical).
- In re Dollar Gen. Corp. Motor Oil Mktg. & Sales Practices Litig., MDL No. 2709 (W.D. Mo. 2016), (Lead counsel in multi‑district consumer fraud and breach of implied warranties class actions against Dollar General for its marketing and sale of obsolete motor oil) (consumer fraud, manufactured goods).
- Barba v. Shire U.S., Inc., et al., No. 13‑21158‑CIV (S.D. Fla. 2013), (Lead counsel in a pay-for-delay class action, reaching a multi-million-dollar settlement on behalf of consumer purchasers of Adderall XR) (antitrust, pharmaceutical).
- Kardonick v. Citibank, No. 10‑2303 (S.D. Fla. 2010), (Co‑lead counsel for Louisiana case in a national class action settlement brought on behalf of Citibank customers who purchased credit card payment protection) (consumer fraud, financial services).
- Kardonick v. Chase Bank, No. 10‑23235 (S.D. Fla. 2010), (Co‑lead counsel for Louisiana case brought on behalf of Chase customers who purchased credit card payment protection) (consumer fraud, financial services).
- Waxler v. Trinity Marine Products, No. 49‑741 (25th JDC, La. 2010), (Co‑lead counsel in a multi-million-dollar class action settlement against barge manufacturers for defective interior coating of barges) (consumer fraud, commercial).
- In re Cox Enterprises, Inc., Set‑Top Cable Television Box Antitrust Litigation, MDL No. 2048 (W.D. Okla. 2009), (Co‑lead counsel in a multi‑district antitrust class action against Cox Communications for its illegal tying actions associated with its lease of set‑top boxes) (antitrust).
- In re Budeprion XL Sales and Marketing Litigation, MDL No. 2107 (E.D Pa. 2009), (Lead counsel in a class action brought against Teva Pharma. and Impax Pharma. for consumer fraud in the marketing of a generic formulation of Wellbutrin XL®) (consumer fraud, pharmaceutical).
- Press, et al. v. Louisiana Citizens Property Insurance Corp., No. 06‑5530 (CDC, Orleans Parish, La. 2006), (Co‑lead counsel in multi-million-dollar class action settlement on behalf of insureds in Louisiana concerning underpayment of overhead & profit expenses following Hurricanes Katrina and Rita) (consumer fraud, insurance).
- Shaffer v. Continental Casualty, No. 06‑2335 (C.D. Cal. 2006), (Lead counsel in multi-million-dollar national class settlement for the unfair marketing and sales practice of long term care insurance) (consumer fraud, insurance).
- Lemmings v. Second Chance Body Armor, No. CJ‑2004‑64 (Mayes County Dist. Ct., Okla. 2004), (Lead counsel in a multi-million-dollar class settlement related to sale of faulty armored vests to police officers and others).
- Jorgenson v. Agway, Inc., No. A3‑00‑59 (D.N.D. 2000), (Co‑lead counsel in multi-million-dollar dollar settlement on behalf of over ninety individual sunflower growers) (consumer fraud, agricultural).
- Talalai v. Cooper Tire & Rubber Co., MID‑L‑8839‑OO‑MT, Mass Tort 259 (N.J. Super. Law Div. 2000), (Lead counsel in a multi-million-dollar national class settlement on behalf of Cooper Tire purchasers) (consumer fraud).
- Milkman v. American Travelers Life Ins. Co., No. 3775 (Ct. Common Pleas, 1st Judicial Dist., Pa. 2000), (Lead counsel in a multi‑million-dollar national class settlement on behalf of long term care and home health care policyholders) (consumer fraud, insurance).
- Wallace v. American Agrisurance, No. LR‑C‑99‑669 (E.D. Ark. 1999), (Lead counsel in a multi-million-dollar national class settlement on behalf of rice growers holding CRC policies) (consumer fraud, insurance).
- Dumont v. Charles Schwab & Co., No. 99‑2840 c/w 99‑2841 (E.D. La. 1999), (Co-lead counsel in a multi-million-dollar settlement of certified national class of Schwab customers) (financial services).
- Hanson v. Acceleration Life Ins. Co., No. 3:97‑152 (D.N.D. 1997), (Lead counsel in a multi-million-dollar national class settlement on behalf of long term care policyholders) (consumer fraud, insurance).
- In re Synthroid Marketing Litigation, MDL No. 1182, 264 F.3d 712 (7th Cir. 1997), (Co‑lead counsel in $89 million national class action settlement granted final approval and affirmed on appeal) (consumer fraud, pharmaceuticals).
- Clark v. Household Finance Corp., No. 97‑22420 (King County, Wash. 1997), (Lead counsel in certification and settlement of statewide class of defrauded employees) (employment).
- Tompkins v. BASF, No. 96‑59 (Trail County, N.D. 1996), (Lead counsel in a multi-million-dollar settlement on behalf of agricultural product purchasers) (consumer fraud, agriculture).
- City of Independence, et al. v. Amoco Oil Co., No. 95‑0019 c/w Christopher Petrovic, et al. v. Amoco Oil Co., No. 95‑0121 (W.D. Mo. 1995), (Co‑lead counsel representing the City of Independence and a class of property owners for environmental contamination claims against Amoco Oil).
- Bonilla v. Trebol Motors, No. 92‑1795 (D.P.R. 1992), (Co‑lead counsel in $129.5 million class action verdict affirmed in part and reversed in part on appeal, settled as to all parties) (consumer fraud).