Class Action Litigation
Johnston Barton has been involved in a substantial volume of class action litigation – principally, though not exclusively, representing defendants called upon to defend class actions in both state and federal courts. We have successfully defended multi-state class actions brought on a variety of fraud and statutory theories based on mortgage premiums and pay-off statement fees, documentary fees, mortgage satisfactions, collateral insurance, and contract terms. The firm has successfully opposed certification of single and multi-state classes and, when the best interest of the client so dictated, has negotiated favorable class settlements.
We represent corporations, officers, directors, securities dealers, and investors in securities class actions and serve as defense counsel in major pharmaceutical, medical device, and other products litigation and as general counsel for employers in numerous employment law cases brought on a class or quasi-class basis. In 1998 the firm’s lawyers represented defendants in the only case known to have gone to trial in Alabama on class-wide fraud claims, obtaining an extremely favorable outcome with no punitive damages and nominal compensatory damages being awarded solely to the two named plaintiffs. Members of the firm have chaired various class action committees in the American Bar Association and for several years have prepared annual updates on class action law for presentation and publication by the ABA’s Business Law and Litigation sections. The annual state law survey compiled and edited by members of the firm appears as a regular supplement to Newburg’s treatise on class action law, and firm lawyers have published articles on class action law in numerous state and national bar journals.
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