Robinson+Cole's Class Action Team includes litigators with a broad range of experience. Team members have handled class actions in myriad substantive areas, ranging from antitrust and employment to sales practices and securities. The Class Action Team successfully
petitioned the United States Supreme Court to grant certiorari and served as co-counsel on the merits in Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013), in which the Court rejected a plaintiff's attempt to evade federal jurisdiction by stipulating that the amount sought would not exceed the $5 million threshold under the Class Action Fairness Act of 2005. The team has handled putative class actions nationwide in substantive areas, such as insurance and products liability. It regularly handles putative class actions in the federal and state courts of Connecticut, Massachusetts, and New York and has been involved in a number of Multidistrict Litigation (MDL) proceedings. The Class Action Team is well versed in the latest trends involving the Class Action Fairness Act, electronic discovery rules, procedures and best practices, MDL Panel procedures, and class action settlement procedures. The firm uses advanced technology to efficiently review and process electronic discovery materials.
The Class Action Team has successfully represented defendants in putative class actions, it has successfully achieved dismissal on an early dispositive motion prior to commencement of discovery. In other cases, it has prevailed on an early motion to strike class allegations or successfully defeated plaintiffs' motions for class certification. The team has also successfully achieved settlements of class actions on terms favorable to our clients and obtained court approval.
Class actions are typically staffed with lawyers who have substantial class action experience as well as experience with the relevant industry and substantive law. Robinson+Cole's Class Action Team lawyers know the industry and the substantive law, and have substantial trial experience. The team members who handle health insurance/managed care class actions have extensive experience with that industry and the governing statutory and regulatory requirements. Insurance class actions are staffed with lawyers who focus their practice on insurance coverage issues and know the ins and outs of insurance company procedures and practices. Products liability class actions are often staffed with lawyers who regularly try products liability cases. Bringing the right lawyers to the table from day one allows the Class Action Team to achieve efficiency and develop innovative case strategies.
Co-counsel for public company and certain officers and directors in consolidated class action in Connecticut federal court involving alleged securities violations. Case involved large-scale collection, review and production of millions of pages of electronic documents, in which Robinson+Cole took the lead role.
Knowles v. Standard Fire Insurance Company 133 S. Ct. 1345 (Supreme Court of the United States, 2013) – This appeal was heard by the Supreme Court of the United States and resulted in a 9-0 opinion in favor of our client. Our petition for certiorari was granted by the Supreme Court after the Eighth Circuit had declined to hear a discretionary appeal, and after the Supreme Court had denied a petition for certiorari on the same issue the year before. This is the first case in which the Supreme Court granted review under the Class Action Fairness Act of 2005. The issue on appeal was whether a named plaintiff in a putative class action can defeat federal jurisdiction under the Class Action Fairness Act of 2005 by stipulating to limit damages to $5 million or less even if the amount potentially recoverable by the putative class would exceed the federal jurisdictional amount in the absence of the stipulation. The Supreme Court accepted our argument that federal court jurisdiction could not be defeated by such a stipulation. The underlying case involved the alleged failure to pay general contractor overhead and profit as part of the settlement of property insurance claims, and was voluntarily dismissed by the plaintiff after the case was remanded to the federal district court.