Class/Consumer Actions

As class actions become the plaintiff attorneys' latest focus, the firm continues to defend these claims from the initial responsive pleading through plaintiff's attempts at class certification. Selman Breitman handles class settlement procedures, class approval for settlement only, blow-out provisions if needed within the settlement process, notification to class members, as well as preliminary and final approval of settlement of the claims.

Our firm has experience in dealing with opt-out claimants and objectors to class settlement, while maintaining the settlement parameters entered into by the client. We also have experience dealing with putative class actions concerning discovery issues that can show that a class should not be certified, settling solely with the class representative, forcing the class representative and counsel to seek approval by the court to a single plaintiff settlement, and dismissal of the putative class case as required under the California Rules of Court.

Class-action cases are being filed more often lately, and recent California law is being interpreted to limit such cases where the individuality of the claims of the plaintiffs' claims is more significant than claims that may have allowed for some similarity and class treatment. Our lawyers have represented defendants in numerous class cases, including:

  • Cemetery and mortuary burial litigation
  • Car repair facilities
  • Required terms in automobile policies
  • Pharmacies in mass tort litigation
  • Car dealers related to car sales transactions
  • A national foundation and its local affiliate in a claim of improper disclosure of private medical conditions