Class Actions

We have represented plaintiffs and defendants in a variety of class action cases. Our experience includes:

  • St. Bernard Parish Government v. United States, 121 Fed.Cl. 687 (Fed. Cl. 2015).  
    We successfully represented a class of plaintiffs in both liability and damages trials before the United States Court of Federal Claims, arguing that the U.S. Army Corps of Engineers’ Mississippi River–Gulf Outlet project greatly exacerbated flooding in New Orleans during Hurricane Katrina. Based on an extensive evidentiary record we prepared and presented at trial, including the testimony of several expert witnesses, the trial court awarded the named plaintiffs just compensation under the Fifth Amendment for flooding the federal project caused. The trial court also certified our proposed class, and the case is now pending before the Federal Circuit Court of Appeals.
  • Clark v. United States, No. 00-644 C (Fed. Cl. 2001).  
    We represented a class of National Guardsmen who have been improperly denied compensation for correspondence courses they were required to complete. The Court of Federal Claims dismissed the case, but the Federal Circuit reversed and reinstated the claims. Seventeen Senators have urged the Department of Justice to settle, but the government has filed a summary judgment motion.
  • Jung v. Association of American College of Medicine, 300 F.Supp.2d 119 (D.C. Cir. 2004).  
    We represented a nationwide class of medical residents who have sued their employers for setting salaries at below market wages. The district court agreed that the National Residency Match Program, which assigns residents to a specific hospital, violated the Sherman Act. Congress then amended the antitrust laws and sanctioned the Match Program. The district court did not allow plaintiffs to amend the complaint to press price fixing claims. The case is pending on appeal before the D.C. Circuit. We also represent the class of plaintiffs in a similar case alleging violations of both federal and state law in the Northern District of Illinois.
  • Bolin v. Sears, Roebuck & Co., 231 F.3d 970 (5th Cir. 2000). 
    We represented a group of plaintiffs in a class action lawsuit against Sears, challenging Sears’ bankruptcy collection procedures as contrary to numerous federal laws. After a remand from the Fifth Circuit, the case settled.
  • Shank v. Health Care Service Corporation, 16-2992 (N.D. Ill. 2016).
    We represent a putative class of individuals afflicted with Hepatitis C whose healthcare insurers denied them access to a miracle cure for their disease. We are alleging that the denial amounted to a violation of both contractual rights and State statutory consumer protection laws.
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