Consumer Class Actions

Davis Polk is a leader in the class action arena, representing some of the world’s largest, most influential corporations and individuals against the most significant class actions across a variety of areas.

Our skilled litigators represent clients in complex, consolidated and multidistrict litigation – in both state and federal proceedings – offering a wide breadth of experience in:

  • Representing numerous clients in consolidated, multidistrict litigation (“MDL”) and parallel state and federal class actions

  • Acting as national coordinating counsel in class actions and working with lawyers around the country

  • Negotiating settlements to resolve class actions at the optimum time in the life of a case

  • Building a strong record of success in defeating class certification in class action lawsuits

  • Calling upon significant trial experience and regularly achieving remarkable results that others have failed to obtain

Class actions regularly raise issues that extend beyond the legal defense at trial to the business effects on financing, financial reporting, corporate governance, insurance coverage, future corporate transactions and communications to shareholders – all areas in which our lawyers have significant experience. 

Recognition

Chambers USA:

  • Commercial Litigation, Band 1
  • Client Comments:
    • Davis Polk is “…creative and coordinated, and their research, writing and analytical abilities are second to none. They do a wonderful job of partnering with our in-house lawyers.” 
    • “They are stellar as a firm and they know exactly how to treat a client. One of their standout strengths is their commercial awareness – in terms of strategy and tactics, they are among the best and they have all the right tools in place.” 

Legal 500 U.S. – Commercial Litigation, Tier 1 

Benchmark Litigation – Commercial Litigation, Tier 1

BTI Consulting – "Class Actions Powerhouse," 2018 

Notable Matters

  • T-Mobile. We obtained a favorable nationwide settlement for T-Mobile (which paid the smallest amount of any wireless service carrier) in state and federal class actions in California, Florida, Idaho, New Jersey and Washington State that challenged the legality of early termination fees in wireless services contracts and sought refunds in excess of $1 billion.

  • Pfizer. We represented Pfizer in connection with actions related to the anticonvulsant medication Neurontin, including federal and multistate investigations of off-label marketing practices, and the $430 million landmark global resolution with the U.S. Attorney’s Office for the District of Massachusetts and 50 states.

  • Smith & Nephew. We won dismissal of a putative nationwide class action brought in New Jersey federal court against our client, Smith & Nephew, a manufacturer of orthopedic devices, and a second orthopedic device manufacturer.

  • LG Electronics. We won dismissal in California federal court of direct and indirect purchaser class actions brought against our client, LG Electronics, that alleged price-fixing and breach of various state consumer protection laws in connection with the sale of optical disk drives.

  • Comcast. We successfully represented Comcast in nationwide class action litigation in Los Angeles federal court challenging the practice of distributing television channels to consumers in “bundled tiers” as opposed to on an “a la carte” basis.

  • T-Mobile. We obtained final approval of a favorable settlement of all handset-locking claims in a nationwide class action filed against our client T-Mobile in California challenging the legality of so-called “handset locks” that limit the ability of wireless phones to work on other carriers’ networks.

  • Xactware. We successfully defeated class certification and obtained dismissal of antitrust, negligence and contract claims brought against our client, Xactware, a provider of software and data to property insurers, in a consumer fraud action arising out of payment of Hurricane Katrina-related insurance claims.

  • Teckni-Plex. We represented Tekni-Plex, a manufacturer of packaging products, in defending claims brought in California federal court alleging fraudulent marketing of consumer products. After we filed a motion challenging the complaint, the plaintiff voluntarily dismissed her complaint and elected not to refile it.