CLASS ACTION & MULTIDISTRICT LITIGATION
When it comes to high-stakes litigation, few cases pose a greater threat to a company than a class action lawsuit or multidistrict litigation (MDL). Our class action experience spans a wide array of industries and subject matters in both state and federal court.
We have experience representing clients who face large numbers of class actions, including well known publicly traded companies, privately held corporations and Fortune 500 companies. These clients are sophisticated consumers of the services we offer and we partner with these companies to defend these claims. Our experience has also benefited clients who face class action less frequently, no matter the size or exposure. In addition to our trial and appellate practice, we have crafted class settlements for clients that resolve problems with finality and end the uncertainty of piecemeal litigation.
Our class action experience is both broad and deep. In recent years, we have represented clients in class actions related to financial services, consumer products, public utilities, chemical exposure, manufacturing, pharmaceuticals, medical services, financial services, consumer fraud, transportation and antitrust. With over 158 years of combined legal experience, the firm’s class action attorneys have represented clients in a variety of fields, including:
- Building Materials
- Public Utilities
- Commercial Transportation
- Product Liability
- Environmental and Toxic Torts
Gallivan White Boyd has served as lead defense counsel in one of the largest class action lawsuits in South Carolina, lead counsel in several cases classified for MDL in South Carolina and defended a Fortune 500 Company in a toxic shock syndrome trial. The firm was also the first to have a case dismissed in South Carolina under the Class Action Fairness Act (CAFA). Shortly after this dismissal, Gallivan White Boyd succeeded in the dismissal of seven more class action suits within a one-month period. Our lawyers have taught other lawyers on CAFA and Rule 23 topics at numerous seminars and served as leaders in state and national defense bar organizations advocating for changes to the rules governing class actions and MDLs.
Most notably, Gallivan White Boyd managed the litigation following a train derailment in South Carolina. In this case, over 4,000 people filed claims alleging they were affected by a train derailment and the subsequent release of pressurized chlorine gas. Gallivan White Boyd represented the Class I railroad in a variety of lawsuits, including two settlement-only class action lawsuits. Both suits were negotiated and approved in federal court, and over 2,000 claims were resolved. At trial and appellate levels, the firm’s attorneys defeated several attempts to certify class actions against the railway company.
Our attorneys are experienced in the precertification discovery necessary to defeat class certification, particularly the unique nuances of South Carolina state court class action practice.
This includes not only trying cases to verdict in both state and federal court but handling appeals as well. Our experience includes the following:
- Defended an insurance company in South Carolina state court class action when a group of network providers challenged its reimbursement practices.
- Served as lead counsel of a drywall distributor in a nationwide class action lawsuit.
- Defended a Japanese company in a national class action alleging a food additive was dangerous and caused specific physical symptoms.
- Defended a medical provider in a federal court class action when individuals alleged fraud and RICO violations to conceal patients’ true condition.
- Represented a water district against plaintiffs who sought to establish class action regarding billing practices.
- Defended a major manufacturer of building materials in multidistrict and class action litigation, in connection with an alleged product defect and consumer fraud.
- Defended a hospital system in a federal antitrust class action arising from the hiring practices of travel nurses.
- Defended several public utilities in state court class actions alleging fraud and unfair trade practices.