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Class Action Defense

Miller Nash Graham & Dunn has successfully defended dozens of class actions involving diverse areas of the law, including wage-and-hour issues, title insurance issues, product liability issues, consumer protection issues, and securities issues. Our attorneys stay abreast of the latest developments in class-action procedure, are accustomed to the changes wrought by the Class Action Fairness Act, and have handled all aspects of class actions, from defeating initial class certification to overseeing class settlement administration to trying class actions to defense verdict. We have defended clients in industries such as retail, financial services, real estate, food processing, forest products, construction, manufacturing, transportation, and energy.

We work closely with our clients’ management teams to engage in early and ongoing evaluations and develop case strategies based on their short- and long-term business interests. When resolution is not possible, we will provide an assertive and professional defense.

Our litigators and paralegals routinely deal with cases involving large volumes of documents and numerous parties, deponents and witnesses. We utilize the latest technology for handling such heavy discovery and document review, and regularly employ internal secure data rooms to easily share information and collaborate with our clients. We seek the lowest-cost and most efficient solution to managing intensive amounts of discovery and data. If a class is certified, our experience in working with claims administrators ensures that timely, appropriate, and defensible notices are sent and maintained, and that the notice and claims process is handled smoothly.

Representative Experience

Lead counsel in a product liability class-action trial arising out of a recall of defective home heating fuel. Plaintiffs sought to certify a general property damage class and a medical monitoring class. We defeated both of those efforts. Plaintiffs succeeded in certifying a class based on alleged microbiologically influenced corrosion (MIC) damage common to all storage tanks that had received the defective fuel. After a four week jury trial, the jury returned a full defense verdict in less than 45 minutes.
Represent defendant in case involving issues regarding whether defendant is a joint employer. Case is pending.
Represent defendant in a putative nationwide class-action alleging violation of the Fair and Accurate Credit Transaction Act.
Represented defendant in a class-action involving title fees for mortgages, and got claims dismissed with prejudice and affirmed on appeal to the Ninth Circuit.
Represented defendant in case involving alleged unfair and deceptive trade practices associated with sale of on-line services. Plaintiff class representative asserted members were charged for unintentional purchase of services provided by defendant. Claims of sub-class dismissed on motion to dismiss based on determination that certain marketing efforts were not deceptive, as a matter of law. Remaining claims settled for combination of cash and vouchers in “opt-in” settlement.