Class Action Litigation

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Representative Matters

Butler Rubin’s Class Action group assists clients in all areas of class representation from defeating class certification to negotiating class settlements and representing and dealing with opt-outs. We emphasize early strategic thinking with the goal of obtaining the best business result for the client working through or around class counsel in order to minimize the impact of the litigation on the client’s business.

Our attorneys are experienced litigators who have defended clients, including insurers and financial institutions, in nationwide class action lawsuits brought under the securities and antitrust laws as well as state consumer protection statutes. We have represented manufacturers in high-stakes class actions and as direct action plaintiffs who have exercised their rights to opt-out of the class. Our attorneys also act as national coordinating and local counsel in class actions in the federal and state courts at the trial or appellate levels.

Butler Rubin has played a significant role in many leading class action and multidistrict litigation proceedings:

  • Represented insurer and helped direct underlying defense counsel in class action for violations of the Telephone Consumer Protection Act. Secured a favorable ruling on coverage at summary judgment and then settled case for less than policy limits with class. (C.E. Design v. Indiana Insurance, N.D. Ill.)
  • Successfully defended assisted living facility in putative class action alleging violations of Chicago’s Residential Landlord Tenant Ordinance. Won case on summary judgment and represented client in appeal that affirmed trial court ruling. (Antler v. Classic Residence Management, Illinois Appellate Court, 1st Dist.)
  • Represented title insurers in MDL proceeding in which insured alleges breach of closing protection letters and seeks indemnification in connection with approximately 205 opt-out cases. (In re Ameriquest Mortgage Co. Mortgage Lending Practices Litigation, N.D. Ill.)
  • Represented auto rental company in class action challenging charges for VAT tax in Europe. Settled case with nationwide waiver and coupon-only settlement. (Harter v. Auto Europe, et al., Circuit Court of Cook County, Illinois)
  • Represented tobacco company in a variety of lawsuits challenging improper marketing practices and product liability. (Cleary v. Phillip Morris, et al., Circuit Court of Cook County, Illinois)
  • Defended contractor in environmental class action and in opt-out personal injury cases. Utilized class settlement process to eliminate most claims and mediator to resolve remaining cases for amounts significantly below client’s exposure in cases. (In re Nicor Mercury Spill Litigation, Circuit Court of Cook County, Illinois)
  • Filed and represented workers compensation industry against AIG in RICO and fraud case leading to a $450 M settlement on behalf of the class. (Safeco, et al., v. American International Group, Inc. et al., N.D. Ill.)
  • Represented large manufacturer in successful opt-out litigation where client secured excess of settlement share and successfully fended off several dispositive motions. (In re Linerboard Antitrust Litigation, E.D.P.A.)
  • Obtained dismissal of client in securities class action alleging wrong-doing in squeeze-out merger and helped prevent issuance of injunction barring merger from going forward. (Fox v. Prime Group Realty Trust, et. al., N.D. Ill.)