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Class Action Litigation

For the past 30 years, our lawyers have successfully prosecuted (and on occasion defended) class action lawsuits in New York and throughout the United States. We have handled a wide array of consumer claims arising in disparate industries, including consumer retail, automotive, health and wellness, sports and recreation, and transportation. We have litigated against well-known brands (Costco, Sam’s Club, The Gap, Banana Republic, Best Buy, Blue Cross/Blue Shield, etc.) and recovered tens of millions of dollars for consumers who have been damaged.

Class action litigation allows for small, individual claims – which would be too expensive to pursue separately – to be joined together and prosecuted en masse. In class action cases, there is usually one (or more) claimants who are denominated the “Class Representative,” and whose claims are “typical” of the claims of the rest of the class.

The Class Representative must be able to fairly and adequately protect the interests of his/her absent class members, and have claims arising from questions of law or questions of fact which are common to the class. Ultimately, the Court must also conclude that the questions of law or fact common to the class members predominate over any questions affecting only individual members of the class, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.

Most recently, we were appointed Class Counsel in a nationwide class action settlement against Ford’s popular line of F-series pick up trucks concerning door latches which fail to function in freezing temperatures. In granting the settlement final approval, the presiding judge remarked, “Plaintiff’s counsel is surely competent” and referenced the Firm’s “extensive experience in prosecuting consumer class actions and its attorneys’ elite education and work backgrounds.”

Similarly, we were appointed Class Counsel (and won the liability phase of the case) in a lawsuit filed on behalf of livery car passengers (e.g., Uber and Lyft riders) who were assessed a surcharge on the non-cash gratuities they paid to their drivers. In that case, the Judge declared, “I want to again extend my sincere thanks to counsel for excellent legal work. It’s just excellent legal work.”

If you have a claim that might lead to a class action lawsuit, please feel free to contact our team of attorneys.

 

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Jeffrey I. Carton

Robert J. Berg

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