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Class action and mass tort litigation

Eversheds Sutherland routinely litigates “bet-the-company” cases and has defended insurers, broker-dealers, financial institutions, Fortune 500 companies, investment companies, mortgage lenders, public companies, as well as their owners, officers, directors and partners, in class actions brought throughout the country under federal and state laws. With the increase of multi-district litigation in the U.S., our success lies in mastering the mechanics of class and mass actions and related areas such as contested removals, MDL proceedings, arbitration and appeals. We have extensive experience coordinating with our clients, our staff and other law firms, often pressing for an early decision on the merits, before a class is certified, which many times proves to be the best strategy. Providing the court with a clear understanding of what a class action trial would entail can be critical to defeating class certification.

In defending class actions, our lawyers bring subject-matter experience in a variety of industries and businesses that regularly face class actions, including insurance, consumer finance, consumer sales practices, energy, food and beverage, pension plan and employee benefits litigation, mass tort and product liability. Our experience also includes defending employment, FLSA and ERISA collective and class actions.

While class actions, U.S. style, are not part of the legal landscape in Europe, many jurisdictions are now developing their own forms of collective action. With its coverage across Europe, the Middle East and Asia and its strong litigation practice, Eversheds Sutherland is well equipped to serve client needs, coordinating across borders and drawing on the experience of colleagues in the US to assist companies outside the United States facing the challenges of multiple claims. The firm is organized to be able to mobilize the right lawyers, in the right location, at short notice. We also have substantial experience assisting in managing reputational issues and media impact arising from crisis situations and from high profile litigation.

As well as playing a significant role in a number of high profile group actions in Europe, Eversheds Sutherland has a strong track record acting for Government departments and state-funded bodies in relation to complex multi-party claims and investigations arising from major incidents. In addition, we have extensive experience as inquiry lawyers, having acted as solicitors to the inquiry in many of the largest public inquiries conducted in the UK, including the Bloody Sunday Inquiry, the Shipman Inquiry, the Rosemary Nelson Inquiry, and the Mid Staffordshire NHS Foundation Trust Public Inquiry.

Areas of practice

  • Antitrust
  • Breach of contract and warranty claims
  • Consumer finance/mortgage banking
  • Consumer protection, deceptive trade practices and fraud
  • ERISA and employee benefits
  • Employment
  • Environmental/toxic claims and associated regulatory investigations
  • False advertising
  • FLSA collective actions
  • Franchise
  • Privacy and data security
  • Professional liability
  • Product liability
  • Securities fraud
  • Telephone Consumer Protection Act
  • Wage & Hour

With deep experience across multiple jurisdictions, Eversheds Sutherland is equipped to handle class actions on the largest scale. We focus on defeating class actions early whenever possible; preventing class certification and helping clients avoid protracted and expensive class litigation.

Contact our class action and mass tort team

If you would like any further information or need advice on class action and mass tort law, please contact our legal team.

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