Class Action Litigation

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The attorneys in our Class Action Practice Group have been actively defending class action lawsuits for over 30 years. They defend class action lawsuits in both state and federal courts in areas including:  

  • Employment discrimination claims
  • Debt collection practices
  • Sale of life insurance policies
  • Asbestos, beryllium and manganese injuries
  • Defective airbags injuries
  • Diet drugs injuries
  • Injuries arising from the ingestion of dietary supplements
  • Injuries alleged to have been caused by a variety of pharmaceuticals
  • Medical monitoring cases
  • Shareholder derivative lawsuits
  • Breast implant injuries
  • Injuries sustained by latex gloves 

Often, class action lawsuits may be subject to multidistrict litigation (MDL) consolidation.  Our litigation defense attorneys have significant experience with MDL matters to include having served on steering committees for multi-national corporations experiencing MDL class action litigation issues throughout the United States.
 
Additionally, the attorneys in this group have significant experience in defending mass tort litigation.  Having obtained extensive litigation experience defending Johns Manville, and later the Manville Trust, we have formed internal procedures and protocols for handling mass tort litigation that have been honed to an efficient edge over the decades.
 
Our firm is technologically equipped to handle class action litigation.  We have an on-site imaging system that permits us to organize and electronically Bates-stamp the volumes of documents normally associated with this type of litigation.  Our attorneys have desktop access to litigation management software such as Summation and Doculex.  All of our firm's attorneys are connected by a wide area network which permits all attorneys to share electronically briefs, research and other documents helpful in defending class action litigation.
 
The Class Action Practice Group of Marshall Dennehey serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida, New York and Connecticut.

Rothman_Jay
Jay S. Rothman, Co-chair

“Furnish” under FCRA describes “active transmission of information to a third-party rather than a failure to safeguard the data.” Information stolen from defendant is not furnished within meaning of FCRA.

Mount Laurel
Consumer Financial Services Litigation & Compliance
Class Action Litigation
The New Jersey District Court’s recent opinion in this case involved a motion filed by Horizon Healthcare Services, Inc. to dismiss the amended putative class action complaint filed by the plaintiffs. Case Law Alerts, 1st Quarter, Apri
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Plaintiffs’ class action certification attempts thwarted.

Class Action Litigation

We received a favorable decision from the Philadelphia County Court of Common Pleas Commerce Program. Our motion to strike the plaintiffs’ class action certification was granted, effectively dismissing the plaintiffs’ attempts at a class action lawsuit against a transportation authority.

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Dismissal of class action against a retailer.

Class Action Litigation
Commercial Litigation

Our retail client faced a class action suit alleging claims it charged Pennsylvania state tax on face masks/coverings during the COVID-19 pandemic (when they were not subject to sales tax). The plaintiff on his own behalf and on behalf of the putative class alleged claims for violations of the Pennsylvania Unfair Trade Practices Consumer Protection Law and the Pennsylvania Fair Credit Extension Uniformity Act, as well as common law claims for unjust enrichment, fraud and misappropriation/conversion.

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Denial of nationwide and Pennsylvania-wide class certification affirmed.

Product Liability
Class Action Litigation
Appellate Advocacy and Post-Trial Practice

Our attorneys prevailed on an appeal to the Third Circuit, which affirmed the district court’s rejection of the plaintiffs’ request for class certification in a product liability and warranty action. The named plaintiffs are several property owners and communities of common ownership who allege they have yellow-jacketed, corrugated stainless steel tubing (CSST) transporting natural gas through their structures. The flexible, yellow CSST is the modern heir to the black iron pipe formerly universal in the building industry.

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Summary Judgment in Class Action Lawsuit On Behalf of Large Insurer.

Class Action Litigation

We obtained summary judgment in a putative class action lawsuit in the Eastern District of Pennsylvania on behalf of a large insurer. The case dealt with a letter the insurance carrier would send to their insureds following a motor vehicle accident in which they advised their insureds that they would have a rental vehicle for five days. The named plaintiffs argued the letter misrepresented the policy language and they sued for breach of contract, bad faith, declaratory judgment and equitable relief.

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