Class Action Defense

Warner has been a leader in class action defense for many years, having defeated certification in more than 30 major cases. The group consists of lawyers specializing in securities, antitrust, insurance, financial services and products liability class action defense. Centered in Michigan, we handle class actions throughout the country. Our recent successes include:

  • Defeated class action certification in action against bank client who acted as escrow agent to a failed viatical firm with portfolio in excess of $200 million; favorable global settlement reached after defending the subsequent 1,300-investor mass action. In re Trade Partners, Inc., 1:07-MD-01846 (W.D. Mich.); and related mass action in Kent County Circuit Court.
  • Obtained dismissal of class action asserting RESPA and other claims against real estate and title insurance companies. Successfully defended on appeal, including claim for equitable tolling. Egerer v. Woodland Realty, Inc., 1:06-CV-789 (W.D. Mich.); 556 F.3d 415 (6th Cir. 2009).
  • Defended Fifth Third Bank in several class actions challenging lending and deposit account practices, including ATM notice issues and charging non-customer check cashing fees.
  • Obtained dismissal for Old Kent Mortgage Company in class action litigation in Illinois alleging the unauthorized practice of law in connection with charging mortgage document preparation fees.
  • Counsel for title insurance company and obtained very favorable settlement in multimillion-dollar class action alleging the company's rate structure violated federal law.
  • Counsel for major banking institution in successfully obtaining dismissal of plaintiff's federal court class action complaint involving the assessment of garnishment fees in Ohio.
  • Counsel for title insurance company and obtained nuisance value settlement in class action alleging the company's rate structure was illegal.
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