Class Action Defense

Consumer Class Actions

Following are some of our consumer class action successes:

  • Wisconsin state court. Class action brought by consumers who acquired 1999- and early 2000-model motorcycles. The complaint alleged that the client had designed, manufactured, marketed, and sold motorcycles with defective engines because of cam bearings that were faulty, inferior, and prone to sudden failure. Our team obtained a dismissal of action on economic loss doctrine grounds.
  • Pennsylvania federal court. Quarles defended client in action where the plaintiffs sought certification of two classes seeking damages for medical monitoring and alleged diminution of property value, which allegedly arose from perceived chemical exposure from past industrial practices at our client’s plant. After discovery demonstrated that our client’s activities could not be included in the major vector of alleged exposure, the matter was settled.
  • New Mexico state court. Quarles defended a national senior housing provider against a class alleging contractual and regulatory violations relating to terms of assisted living arrangements. The matter was tried successfully in 2006 and held on appeal.
  • Arizona federal court. Quarles defended direct sales firm Freelife International, Inc. against a consumer class action alleging marketing misrepresentations and consumer fraud.
  • Wisconsin and Illinois state courts. Quarles served as co-counsel for client and several of its subsidiaries in actions pending in both Wisconsin and Illinois. Both cases, brought by the respective state attorneys general, allege that the client and its subsidiaries violated state consumer protection and fraudulent practices acts by contributing to the publication of “false” average wholesale price statistics that were used by state Medicaid agencies to set reimbursement rates for pharmacists. In the Wisconsin case, Quarles also served as liaison counsel for a defense group composed of approximately 15 pharmaceutical manufacturers who are also defendants.
  • Wisconsin federal court. Quarles defended client against a consumer class action alleging violations of bankruptcy law related to post-discharge return of security on cards.
  • Wisconsin federal court. Quarles represented client in a putative class action alleging that client was providing illegal life insurance products. A motion to compel arbitration prior to class certification was granted.
  • West Virginia state court. Quarles defended a network marketing company in a nationwide class action alleging violations of the federal Telephone Consumer Protection Act.
  • Wisconsin federal court. Quarles served as local counsel for a software manufacturer in six indirect purchaser class actions, brought by Wisconsin residents, for an alleged overcharge on operating systems. Quarles was primarily responsible for strategic planning, overseeing expert analysis, briefing opposition, and arguing the class motions.
  • Wisconsin state court. Quarles attorneys represented the defendants in a derivative action concerning allegations of misconduct in an environmental contamination case. Although the plaintiffs sought millions in punitive damages, the case was resolved with governance changes and a payment of limited attorneys’ fees.
  • Wisconsin state court. Quarles attorneys served as national counsel for client in two class actions by indirect purchasers of sorbates, alleging price fixing.
  • Florida federal court and Wisconsin, Minnesota, California, Tennessee, Maryland, New York state courts. Quarles is national counsel for one of nine manufacturers of commercial tissue paper products, that are accused of price fixing in direct and indirect purchaser actions.
  • Ohio federal court. Quarles represented client in proposed nationwide class action alleging violations of Ohio’s consumer protection act and breach of warranty. After Quarles filed a preemptive motion to strike class claims, the named plaintiff withdrew its class claims, settling for nuisance value and dismissing the case with prejudice.
  • New Jersey state court. Quarles represented client in proposed class action alleging design defect in screwdrivers and violation of New Jersey’s consumer protection act. After multiple negotiation sessions, we settled the case for nuisance value and dismissed with prejudice.
  • Wisconsin federal court. Quarles is representing lighting manufacturer in proposed nationwide class alleging violations of Wisconsin’s consumer protection act and breach of warranty.