JMBM Class Action Defense Practice

Getting results through effective leadership in class action defense

JMBM has nearly three decades of experience defending clients named as parties to class actions, a history that helps us create both successful class action defense strategies and economies of scale for our clients. Members of our group have defended more than 200 class actions, including consumer class actions, actions against financial institutions, retailers and automotive companies, and actions in which our clients have been accused of violating labor and employment laws. We are skilled at defending unfair competition class claims filed on behalf of the general public under California Business & Professions Code Section 17200.

JMBM can efficiently staff and try a wide range of cases, with senior litigators handling both strategy and courtroom presentation, and often resolving disputes before trial. In one recent case, we represented an international financial institution in a class action brought by investors in a foreign exchange trading investment program. The case settled while the motion for class certification and our motion for summary judgment were still pending.

Successful defense strategy

When we represent clients in class actions, our lawyers assess the merits of the case quickly and aggressively attack it.

Getting Results – Dismissing a class claim

In a class action lawsuit brought against our client, Volkswagen of America, Inc., the plaintiff claimed injury because of a "Made in the U.S.A." designation on license plate frame holders, seeking damages and injunctive relief. JMBM obtained a dismissal of the class action with the Court agreeing that Proposition 64 -- which limits a person's right to sue under California law to situations in which the plaintiff is able to demonstrate actual injury -- barred the action. The Court of Appeal subsequently affirmed the ruling on appeal.

At the same time, JMBM is always prepared to negotiate a settlement if that is in the client's best interest. We have defended class actions that involved millions of electronic documents and we are able to effectively handle these huge discovery projects.

At trial, we are fully capable of dealing with the most complex scientific, technical and multi-jurisdictional issues and work to resolve the matter in the way that works best for our client. We present a knowledgeable, yet practical defense that makes your position understandable against plaintiffs’ emotional appeals directed at “deep pocket” defendants. In addition to our knowledge of the procedural issues that are specific to class actions, we draw on JMBM's extensive expertise in the underlying substantive areas of law.

Integrated appellate skills

JMBM class action litigators are fully integrated members of a highly respected litigation team that includes appellate representation. In addition to all California state and federal courts -- and the U.S. Supreme Court -- JMBM attorneys are admitted to practice in numerous jurisdictions outside of California and we have handled appeals in many other state and federal courts.

Throughout the class action litigation, our lawyers apply the highest quality drafting and oral advocacy to represent our clients. By pursuing an effective motion practice at trial, we can often lay the groundwork for successful results on appeal. As part of this effort, we consider the appellate issues and ensure that they are preserved. We also understand when to pursue interlocutory appellate review, and are skilled at securing writs that support our clients’ position.

State-of-the-art case knowledge

As part of our effort to contain and reduce the costs of defense, we have established brief and research banks so that it is not necessary for us to research all issues for each case. Our “Class Action Defense Blog” includes not only case law updates, but also links to relevant articles and statutes.

The Class Action Defense Blog is rare among class action Web pages because it is defense-oriented. The Blog contains more than 2,000 searchable pages and is routinely read by many in the legal community. The research and analysis behind the Blog means that JMBM is often ahead of the curve in understanding the latest effective trial strategies and judicial theories.

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