“…managed a complex class action efficiently, with smart strategy and clear communication throughout”
Matthew Walker
Chief Executive Officer, Unite Here Health
What begins as an individual claim can quickly become litigation involving thousands or millions of consumers, with exponentially greater financial and reputational consequences. That is why Fortune 100 companies routinely rely on Massey & Gail attorneys with some of their most sensitive consumer and class action cases in federal and state courts across the country. Our experience in such cases, which frequently involve creative, untested liability theories, allows us to navigate the three-dimensional chess that such cases present.
Our work includes defending against consumer claims involving false advertising, unfair or deceptive trade practices, consumer protection statutes, and other disputes arising from business practices or commercial relationships. We have handled such cases for clients operating in countless different industries, including financial services, retail, pension funds, chemicals, pharmaceuticals, and consumer products.
Representative Matters
Fortune 10 Retail Company
Represented a Fortune 10 retail company in multiple consumer class actions nationwide, relating to sales taxation of merchandise; obtained dismissal of some cases and others pending.
Unite Here Health
Represented the trustees of Unite Here Health, a multiemployer Taft-Hartley health fund, in an ERISA class action in the U.S. District Court for the Northern District of Illinois involving alleged breaches of fiduciary duty; obtained summary judgment, partial denial of class certification, and sanctions against third parties.
Metropolis
Representing Metropolis, a parking technology company, in multi-state class action litigation, including on appeal before the U.S. Court of Appeals for the Fifth Circuit, involving alleged consumer privacy violations; in dispositive motion practice.
Fortune 10 Retail Company
Represented a Fortune 10 retail company in a consumer class action in the U.S. District Court for the District of Montana, defending against nationwide claims involving regulatory disclosures under the Electronic Funds Transfer Act.
JPMorgan Chase
Represented JPMorgan Chase in a certified class action in the U.S. Court of Appeals for the Ninth Circuit involving alleged deceptive adjustable-rate mortgage disclosures and more than $750 million in claimed damages under California’s Unfair Competition Law; obtained a defense verdict at trial and secured affirmance on appeal.
National Association of Realtors
Representing the National Association of Realtors in a nationwide antitrust class action involving alleged restraints on competition in residential real estate transactions; plaintiffs seek tens of billions of dollars in damages.