With a national practice and as a preeminent North Carolina business firm, our attorneys intimately understand the intricacies of class actions, from its statutes, rules, and procedures, to the judges and juries who preside over them.
From defending a client’s right to modify and amend retirees’ health benefits plans to prosecuting and defending four simultaneous class action lawsuits in three federal circuits under ERISA, our team has proven experience defeating class certification, securing dismissal of class representatives’ claims, and negotiating favorable settlements.
Managing Multiple Cases Across Multiple Forums
As disputes increasingly give rise to proceedings in multiple forums – including state and federal courts, arbitration, and civil regulatory or criminal forums – we have the ability to address numerous cases pending simultaneously in different venues across the country. We recognize that decisions in one case may impact the resolution of our client’s dispute, and we tend to these issues accordingly. We also understand the connections between the class action device and regulatory issues, including environmental and security matters.
- Benchmark Litigation, 07.2018
- Business North Carolina, 01.2018
- Super Lawyers, 01.2018
- Valecia McDowell and Elena Mitchell’s article published by Bloomberg Law: Racial Equity Audits: The New ESG Frontier04.2022
- North Carolina Lawyers Weekly, 08.2020
- Defended lender liability class litigation while simultaneously defending a civil regulatory investigation
- Secured removal of a securities fraud class action brought in state court to federal court, where the case was dismissed
- Defended clients in a series of MDL asbestos and silica cases now pending in the Eastern District of Pennsylvania
- Served as lead defense counsel for oil companies against a putative class action seeking to have MTBE banned in North Carolina and to have the companies test approximately 900,000 wells and clean up any contamination found (class certification was defeated)
- Obtained dismissal of putative class action relating to cemetery record-keeping
- Successfully defended defeasance provider against putative class action involving alleged breach of contract and fraud against customers