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COMPLEX AND CLASS ACTIONS

We are not afraid of the courtroom. 

When companies face the daunting task of having to defend themselves in class actions, multidistrict litigation (MDLs), mass tort filings, or other complex cases, they look for lawyers with the experience, creativity, and technical resources necessary to win the day. They want a law firm with a proven record of success in many jurisdictions. Many of the attorneys in our Complex and Class Actions practice group have tried lengthy, high stakes cases in courts around the country and regularly prosecute and defend key motions before those courts. We conduct complex litigation in a focused, methodical manner that is consistent with our clients’ business goals, and we refine our strategy as cases evolve. We also know how to negotiate these cases to a favorable disposition, recognizing the increasing pressure for resolution without the risk and expense of trial.

In our view, though, you can’t settle a case successfully unless you know how to try it. 

Our practice takes a proactive approach to managing our clients’ cases. Our philosophy is to develop an early strategy based on a thorough review of the law and facts. We do not suggest or pursue strategies that do not advance the client's goals, and we discuss strategies with clients at the early stages of litigation to find out what will best meet their needs and business objectives. In our experience, this careful preparation and early case assessment result in a more efficient process and a better outcome.

While our class action practice serves clients in a number of industries, we are especially known for our specific work with agriculture & food, automotive, consumer products, financial services, and media & internet companies. We also have deep experience defending environmental class actions and multidistrict litigation. With a full-service firm that encompasses transactional, regulatory, and litigation practices, Thompson Coburn’s attorneys are familiar with the nuanced and complex issues affecting these companies that often factor into class actions. We take a collaborative approach when facing these matters with our clients, using our cross-practice resources and experience to look at all possible angles for a thoughtful and creative strategy.

In recent years, we have handled hundreds of class actions ranging from contract and consumer disputes to claims alleging product defect, consumer fraud, environmental damage, violations of banking and insurance regulations and laws, antitrust laws, and securities fraud. We currently serve as national class action counsel for Charter Communications, FCA US LLC, and Kawasaki and as regional class action counsel for a major telecommunications company.

Innovative Case Management

We have developed proprietary software designed specifically for aggregate litigation and processes and procedures that help us manage cases more effectively. This gives us a particular advantage if a case proliferates into many cases around the nation. We routinely handle multi-terabytes’ worth of information and organize it so that we can retrieve it instantaneously and present it in new and compelling ways to judges and juries. Our databases of current and past cases, our internal libraries and our communications all have one goal—to serve clients better and faster.

Given our competitive advantage on rates, our experience in serving clients as national counsel, and our firm’s depth of resources, we can—and do—act quickly and respond effectively to matters throughout the country.

Thompson Coburn has tried both the longest toxic tort case in American jurisprudence (the Kemner case for Monsanto) and, more recently, one of the largest cases in American jurisprudence (the case brought by the United States against the tobacco industry in which the claim was for $280 billion).

Woodruff v. Chrysler Motors 

Successfully defended automobile manufacturer in putative nationwide class action alleging that manufacturer breached warranties by improperly calculating the duration of the engine warranty that accompanied certain trucks.

Carlson v. ALS Enterprises, Inc.
Dismissing product defect class action due to plaintiffs’ failure to satisfy the Rule 9(b) pleading standard on a defendant-by-defendant basis.

On appeal, granting motion for judgment on the pleadings against class action claim under the federal Fair Credit Reporting Act.

Granting motion for judgment on the pleadings against class action claim under the federal Fair Credit Reporting Act.

Phillips v. Bally Total Fitness Holding Corp.
Affirming dismissal of out-of-state class action plaintiffs for lack of standing under Illinois Consumer Fraud Act.

Smith v. Illinois Central R.R. Co.
Accepting for review and reversing intermediate appellate affirmance of class certification in railroad derailment case.

Owner-Operator Indep. Drivers Ass’n. v. United Van Lines
Precluding the prospect of class treatment by granting defendant’s motion to compel arbitration of federal truth-in-leasing claims.

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig.
Denying motion to certify proposed multistate class of well owners because of various manageability concerns.

Hasek v. DaimlerChrysler Corp.
Affirming judgment against owner on class action claims alleging excessive engine noise.

In re Medical Monitoring Litigation, Civil Action No. 00-C-6000
Product Liability class action of 270,000 West Virginia cigarette smokers tried to a jury verdict. First trial (January 4-22, 2001) ended in a mistrial. Second trial lasted 26 trial days (September 5-November 14, 2001). Defense verdict on all counts, including product defect, negligence and breach of voluntary undertaking.

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig.
Dismissing class action claims of well owners who could not allege credible fear that MTBE threatened their drinking water wells (Southern District of New York).

Kienle v. Hunter Engineering Co.
Dismissing class action ERISA claims as time-barred.

Chandler v. Norwest Bank Minnesota, N.A.
Affirming Rule 11 sanctions against class action plaintiff’s attorney for filing frivolous RESPA claims.

Chin v. Chrysler Corp.
Refusing to certify nationwide class of minivan owners because of irreconcilable differences in state warranty and tort laws.

Hanlon v. Chrysler Corp.
Overruling objections to class action settlement that involved alleged defect in the rear liftgate latches of certain minivans.

Saey v. CompUSA, Inc.
Refusing to certify class of personal computer purchasers due to lack of numerosity.

Fitzgerald v. Chrysler Corp.
Dismissing class action RICO claims for lack of cognizable “enterprise” under the statute.

Weaver v. Chrysler Corp.
Dismissing class action fraud claims because plaintiff did not allege that the defect manifested itself in the product he purchased.

News

Scott Morgan rejoins Thompson Coburn as a class action litigation partner

Health care litigator Mackenzie Wallace joins Thompson Coburn in Dallas

National law firm Thompson Coburn lands four partners in new Dallas office

Congratulations to our 14 ‘Lawyers of the Year’ for 2020

Booker Shaw receives Distinguished Lawyer Award at 2019 Law Day celebration

Helen B. Kim, Jennifer Post named Most Influential Women Lawyers in LA for 2018

Booker Shaw Honored as Legal Legend

Helen B. Kim, Jennifer Post named among the ‘Most Influential Minority Attorneys in Los Angeles’

Thompson Coburn attorneys win 8th Circuit victory for Scottrade in securities class action

Amanda Hettinger, Sarah Wade named to 2017 Up & Coming list

Scottrade wins dismissal of data breach class action in the 8th Circuit

Nelson Williams joins the board of Forward Through Ferguson

Sharon Rosenberg selected as one of Missouri’s Up & Coming

Judge Shaw helps Philip Morris defeat $1.5B class action case in 30 minutes

Missouri Lawyers Weekly honors Booker Shaw with Mentor Award

25 Thompson Coburn attorneys recognized in 2015 Chambers USA

Employment litigator John Viola joins Thompson Coburn in Los Angeles

Congratulations to our 15 St. Louis ‘Lawyers of the Year’

Higher education attorney Aaron D. Lacey joins Thompson Coburn

Booker T. Shaw honored as 2014 professional mentor of the year

Missouri Supreme Court sides with Mercy Hospital St. Louis in class action over billing practices

Chicago judge tosses nationwide class action against Kawasaki

Partner
New York

John draws on his more than 30 years of litigation experience to represent a wide variety of clients in federal and state trial and appellate courts.

John draws on his more than 30 years of litigation experience to represent ...

John Amato
Partner
St. Louis

Tom is a litigator who represents clients in complex commercial litigation, including consumer class actions, securities litigation, derivative-shareholder actions, busin...

Tom is a litigator who represents clients in complex commercial litigation,...

Tom Azar, Jr.
Partner
St. Louis

Kim is a litigator and counselor based in Saint Louis, Missouri.

Kim is a litigator and counselor based in Saint Louis, Missouri.

Kim Bousquet
Partner
St. Louis

With over 30 years of experience, David has tried dozens of high stakes cases.

With over 30 years of experience, David has tried dozens of high stakes cas...

David Coffman
Partner
St. Louis

Stephen aggressively defends companies against consumer class action lawsuits in state and federal courts throughout the country as a member of Thompson Coburn's Business...

Stephen aggressively defends companies against consumer class action lawsui...

Stephen D'Aunoy
Partner
St. Louis

Jeff helps all types of businesses navigate complex litigation, arbitration, class action, regulatory, and transactional matters in venues across the country.

Jeff helps all types of businesses navigate complex litigation, arbitration...

Jeff Fink
Partner
St. Louis

John represents domestic and international clients in complex litigation and multi-district litigation in some of the most challenging state and federal venues in the cou...

John represents domestic and international clients in complex litigation an...

John Galvin
Partner
St. Louis

Suzanne is a versatile litigator who has spent her career finding solutions for matters involving healthcare providers and manufactures of medical products.

Suzanne is a versatile litigator who has spent her career finding solutions...

Suzanne Galvin
Partner
St. Louis

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed Harvey
Partner
St. Louis

Amanda is a litigator and a highly experienced litigation trial team leader for Fortune 500 companies facing class actions and complex business disputes.

Amanda is a litigator and a highly experienced litigation trial team leader...

Amanda Hettinger
Partner
St. Louis

Chris leads complex litigation and class action defense for a host of major corporations in the financial services and agriculture industries.

Chris leads complex litigation and class action defense for a host of major...

Chris Hohn
Partner
St. Louis

John handles a wide variety of commercial litigation in state and federal courts across the nation.

John handles a wide variety of commercial litigation in state and federal c...

John Kingston
Partner
St. Louis

Nick is a highly experienced trial lawyer in all types of civil litigation, including management of class action and commercial litigation.

Nick is a highly experienced trial lawyer in all types of civil litigation,...

Nick Lamb
Partner
New York

Steve represents financial institutions, businesses and constituencies in federal and state courts throughout the United States in a wide variety of major commercial disp...

Steve represents financial institutions, businesses and constituencies in f...

Steven Mandelsberg
Partner
St. Louis

Jan is a former United States Attorney with extensive trial experience who represents companies and individuals in major litigation and regulatory actions.

Jan is a former United States Attorney with extensive trial experience who ...

Jan Paul Miller
Partner
St. Louis

Scott defends companies facing consumer class action lawsuits and commercial litigation in federal and state courts across the country.

Scott defends companies facing consumer class action lawsuits and commercia...

Scott Morgan
Partner
St. Louis

Mike litigates on behalf of banking and health care clients, and has significant class action experience.

Mike litigates on behalf of banking and health care clients, and has signif...

Mike Morris
Partner
Dallas

Elizabeth represents clients in high-stakes litigation across the country, including commercial disputes, product defects claims, and consumer fraud and securities fraud ...

Elizabeth represents clients in high-stakes litigation across the country, ...

Elizabeth Myers
Partner
Chicago

Emily is a litigation partner who represents companies, their executives and officers in a variety of business disputes.

Emily is a litigation partner who represents companies, their executives an...

Emily Peel
Partner
Southern Illinois

Kurt is experienced in the defense of personal injury and property damage litigation including FELA, trucking, product liability, class action and mass tort litigation.

Kurt is experienced in the defense of personal injury and property damage l...

Kurt Reitz
Partner
St. Louis

Sharon develops and executes highly effective class action defense strategies for major companies across a variety of sectors, including transportation, telecommunication...

Sharon develops and executes highly effective class action defense strategi...

Sharon Rosenberg
Associate
St. Louis

Kristen litigates complex commercial disputes, class actions and state and local tax cases for companies in Missouri and across the country.

Kristen litigates complex commercial disputes, class actions and state and ...

Kristen Sanocki
Partner
St. Louis

Retired Judge Booker Shaw is a skilled litigator and appellate advocate who brings valuable insight and perspective gained from his more than 25 years on the bench.

Retired Judge Booker Shaw is a skilled litigator and appellate advocate who...

Booker Shaw
Partner
Los Angeles

John serves as a one-stop resource for employment counseling and litigation for companies in California and across the country.

John serves as a one-stop resource for employment counseling and litigation...

John Viola
Partner
St. Louis

Bob has more than 20 years of experience defending class actions in state and federal courts across the country.

Bob has more than 20 years of experience defending class actions in state a...

Bob Wagner
Partner
Dallas

Nicole is a highly experienced trial lawyer who represents clients in matters involving antitrust, advertising, fraud investigations and litigation, RICO and class action...

Nicole is a highly experienced trial lawyer who represents clients in matte...

Nicole Williams
Partner
St. Louis

Nelson represents employers in various aspects of employment law and litigation.

Nelson represents employers in various aspects of employment law and litiga...

R. Nelson Williams
Senior Counsel
St. Louis

Kathy is a highly experienced litigator who has spent the majority of her career defending large corporations, including major auto manufacturers, in class actions across...

Kathy is a highly experienced litigator who has spent the majority of her c...

Kathy Wisniewski
Chair
St. Louis

Roman serves as Chair of Thompson Coburn.

Roman serves as Chair of Thompson Coburn.

Roman Wuller