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Overview

Class & Mass Actions

Since the firm’s founding in 2009, McDowell Hetherington has established a strong reputation as a trial firm for high-stakes class and mass action litigation. Our attorneys have litigated class actions and mass actions in numerous state and federal jurisdictions nationwide.

We have extensive knowledge of the procedures and litigation dynamics unique to class and mass actions, as well as expertise in the underlying substantive areas of the law. MH attorneys have a strong track record of winning or significantly narrowing class and mass action cases on early motions to dismiss, at the class certification stage, or on summary judgment. We are also not afraid to litigate class and mass action cases through trial and appeal. And, when business considerations justify a settlement, we negotiate complex class action settlements that favorably manage our clients’ risk and business objectives.

Our strategies in these matters include:

  • Moving for dismissal when pleading standards are not met or dispositive arguments exist at the outset;
  • Early identification of threshold issues and ultimate trial strategy;
  • Efficient review and analysis of voluminous data to manage discovery costs;
  • Focusing on defeating class certification;
  • Aggressive motion practice on legal, jurisdictional, and arbitrability issues to narrow claims and damages;
  • Thorough and detailed cost-benefit/risk analysis for internal decision-making;
  • Utilizing our network of experts for relevant testimony

MH’s experience with class and mass action includes cases involving:

  • Adjustable-rate life insurance product litigation relating to cost of insurance (COI) rate and credited interest rate adjustments
  • Life insurance policy lapse and grace notice claims
  • Sales practice claims for insurance and investment products including suitability and fiduciary claims
  • Variable-rate electricity and natural gas pricing
  • Retail energy sales practices and customer disclosures
  • Life and health insurance benefits
  • Provider reimbursement claims under private health insurance and ERISA plans
  • The Telephone Consumer Protection Act (TCPA)
  • Claims arising under
    • Racketeer Influenced and Corrupt Organizations Act (RICO)
    • Fair Credit Reporting Act (FCRA)
    • Magnuson-Moss Warranty Act
  • MDL litigation including serving on defense group steering committees
  • Numerous states’ unfair trade practices statutes
  • Securities and shareholder derivative class actions involving publicly traded companies