Class Actions

"The best firm for class actions in the U.S.," is how a contributor to The Legal 500 U.S. 2008 described Wheeler Trigg O'Donnell.

WTO's class-action defense team has the depth and experience to try certified class actions anywhere in the United States. From the defense of nationwide commercial and consumer-fraud claims to insurance matters to product-liability litigation, the firm has tried some of the largest class actions in the country during the past 10 years. Further, WTO is the only law firm that serves as Whirlpool's national counsel for class-action matters.

Following is a list of the more than 100 class-action matters that WTO lawyers have handled.

Product Liability

  • Guidant
    Three nationwide class actions involving Class III medical devices
  • Dow Corning
    Alabama class action involving breast implants
  • Ford
    Three cases involving:
    Nationwide class action involving thick film ignition modules in 12 million vehicles
    Missouri class action involving automobile transmissions
    Alabama class action involving the Bronco II
  • General Electric
    Class action litigation involving asbestos
  • International Paper
    Class action litigation involving a roofing product
  • Maytag
    Class action involving personal injury due to allegedly defective gas oven
  • Nissan North America
    Putative class action involving allegations of defect in Nissan passenger-side airbags
  • Wyeth
    Class action litigation involving the pharmaceutical Fen-Phen

Commercial / Consumer

  • Whirlpool Corporation
    31 class actions involving home appliances
  • Sears
    23 of the Whirlpool class actions included Sears as a co-defendant
  • Maytag
    Five class actions involving home appliances
  • Ford Motor Company
    Consumer-fraud class-action involving claims for relief exceeding $2 billion
  • Nissan North America
    Class action involving Nissan minivan
  • Aetna and Aetna US Healthcare
    Challenge to nationwide HMO system of healthcare
  • American Airlines and AMR
    Jet fuel and Avgas tax class action
    Denver International Airport baggage handling litigation
  • AT&T Wireless
    Nationwide class action involving billing for cell phones
  • BP America Production
    Six major gas royalty underpayment class actions in New Mexico, Colorado, and Kansas

Insurance

  • Allstate Insurance
    Seven cases involving:
    Purported failure to offer extended PIP benefits to insureds in Colorado
    Alleged nationwide class action related to customer service and quality service pledge programs
    Alleged Colorado class actions related to automobile coverage and premium pricing
    Alleged class actions regarding UM/UIM, motorcycle PIP coverage, and diminished value litigation
  • Aetna and Aetna US Healthcare
    Alleged nationwide class litigations filed throughout U.S.
  • Aetna Health Plans
    Colorado class action, resolved by dismissal, over alleged coordination of benefits violations with Colorado Automobile No-Fault carriers
  • Allied
    Alleged improper pricing of PIP claims by use of Worker's Compensation Pricing Manual
  • Amica
    Alleged improper pricing of UM/UIM policies once UM/UIM coverage became "personal" coverage in Colorado
  • Colonial Penn Franklin Insurance
    Alleged Colorado class action regarding extended PIP coverage
  • Country Mutual
  • Financial Indemnity Company
  • GMAC Insurance
    Colorado class action dealing with alleged failure to pay PIP benefits under the Automobile No-Fault statute
  • GuideOne Insurance
    2 cases involving:
    Alleged Colorado class action regarding extended PIP coverage
  • Integon Insurance
    Alleged Colorado class action regarding extended PIP coverage
  • Liberty Mutual and Zurich Insurance
    Alleged improper payment to Colorado health care providers for treatment of workers' compensation patients
  • Nationwide Insurance's Allied Group subsidiary
    Alleged Colorado class action relating to use of Workers' Compensation Relative Value Fee Schedules to adjust PIP claims under the Colorado Automobile No-Fault statute
  • Nationwide Insurance
    Alleged Colorado class action regarding extended PIP coverage
  • Security Life of Denver Insurance
    Appeal of a critical Colorado Consumer Protection Act issue in the Colorado Supreme Court
  • Tenet Healthcare
    Actions alleging psychiatric false imprisonment by mental health facilities operating in Colorado
  • TIG insurance
    Alleged Colorado class action regarded extended PIP coverage
  • Titan Indemnity
    Alleged Colorado class action regarding extended PIP coverage

Employment

  • Texaco
    Nationwide class action filed by female employees alleging unequal compensation
  • US West
    Company-wide ERISA class action involving US West pension plan
    Company-wide class action concerning retiree medical coverage
  • Mountain States Telephone & Telegraph
    Complex ERISA class actions, including a contingent workforce class action
  • FedEx Ground Package Systems, Inc.
    Three class actions
  • FMC
    Complex ERISA class actions, including a contingent workforce class action
  • Qwest Communications
    Age discrimination and ERISA class action
  • Piedmont Airlines
    Sexual discrimination employee class action

Securities

  • Amdura Corporation
    Securities fraud/shareholder class litigation
  • Cray Computer Corporation and Seymour Cray
    Securities fraud/shareholder class litigation over development of the Cray III computer
  • Meredith Corporation
    Securities fraud/franchise litigation
  • Pace Membership Warehouse
    Securities fraud/shareholder litigation
  • Quovadx
    Two class actions

Antitrust

  • Pfizer
    Class action alleging antitrust violations in prescription drug pricing
  • Ideal Basic Industries
    Nationwide cement litigation
  • Bose Speaker Corporation
    Trial of alleged price fixing in the stereo speaker industry

Health Care

  • Quest Diagnostics
  • Sava Senior Care
  • Wal-Mart and Concentra

Miscellaneous

  • Burt Buick Pontiac GMC Truck
    Colorado class action involving the Telephone Consumer Protection Act, including right to privacy issues
  • Citigroup Diners Club
    Nationwide class litigation against all officers and enlisted personnel in the U.S. Air Force
    Nationwide class litigation relating to frequent flyer and cardmember bonus programs
  • eVision
  • ZIMA/Coors
    Class action regarding advertising
  • Asarco
    Six-week class action jury trial involving allegations of heavy metals contamination in area of cadmium refinery

Cases
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