Class Action Defense
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.
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.
- For BMW Financial Services NA LLC: US Court of Appeals for the Ninth Circuit rules in favor of JMBM client in class action lawsuit For BMW Financial Services NA LLC: On February 25, 2013, the United States Court of Appeals for the Ninth Circuit, Second Appellate District in the Court of Appeal of the State of California ruled in favor of JMBM client BMW Financial Services in a class action lawsuit, Shanna Lee Kuxhausen v. BMW Financial Services NA [...]
- For Volkswagen of America, Inc.: JMBM defeats class action lawsuit JMBM prevailed in a class action lawsuit brought against its client,Volkswagen of America, Inc. The plaintiff claimed injury because of a “Made in the U.S.A.” designation on license plate frame holders. The lawsuit sought damages and injunctive relief. In dismissing the lawsuit, the Court applied recently-enacted language from Proposition 64 which limits a person’s right [...]