Class Action

Overview

Class actions present substantial financial, operational and reputational risks for businesses. Segal McCambridge defends clients in high-stakes class action litigation nationwide in state and federal courts.

Our attorneys represent clients facing claims involving complex commercial disputes, consumer fraud, foodborne illness, medical monitoring, employment practices and alleged violations of federal and state consumer protection laws. We understand the unique challenges these cases present and work from the outset to assess exposure, develop an effective defense strategy and protect the client’s broader business interests.

What We Do

Segal McCambridge manages all stages of class action litigation, including:

• Early case assessment and investigation
• Pre-certification discovery
• Motions to dismiss and for summary judgment
• Class certification briefing and hearings
• Interlocutory appeals of class certification rulings
• Class action trials
• Settlement negotiations
• Settlement approval and administration

Because class certification is often the pivotal stage of a case, our attorneys closely monitor developments in this continually evolving area of law. We develop focused strategies for opposing certification and work to ensure that pre-certification discovery remains appropriately defined. Our attorneys have defeated class certification motions and resolved claims on an individual basis before a class could be certified.

We defend clients against class action claims arising under state consumer fraud and deceptive trade practices statutes, as well as federal laws including:

• Fair Credit Reporting Act
• Fair and Accurate Credit Transactions Act
• Fair Debt Collection Practices Act
• Telephone Consumer Protection Act

Our attorneys also defend class actions involving allegations of negligence related to foodborne illness, employment practices, medical monitoring and other commercial and consumer claims.

Who We Serve

Our clients include businesses in a broad range of industries, including:

• Collections
• Consumer products
• Consumer services
• Food and beverage
• Freight and logistics
• Healthcare
• Hospitality
• Insurance
• Restaurants
• Retail
• Transportation

We have also served as national defense counsel for clients across multiple industries, coordinating litigation and managing the risks associated with alleged consumer protection violations in multiple jurisdictions.

How We Do It

Effective class action defense requires a thorough understanding of both the underlying substantive law and the procedural rules governing class proceedings. Our litigation teams combine that knowledge with practical, business-focused counsel tailored to each client’s objectives.

We begin with an aggressive investigation and analysis of the allegations, potential class and claimed damages. From there, we develop a strategy focused on limiting exposure, controlling litigation costs and positioning the matter for the most favorable resolution available. 

When early dismissal or an individual resolution is possible, we pursue it efficiently. When litigation is necessary, our attorneys are prepared to defend the matter through certification, trial and appeal.

Risk Avoidance Counsel

Our work often begins before a claim is filed. Segal McCambridge works with clients to evaluate business practices, strengthen compliance programs and establish policies and procedures designed to reduce the risk of consumer protection violations and costly class action litigation.