Products: Class Action, Trade & Industry Representation:  Class Actions & Aggregate Litigation

Claims under state consumer protection statutes are becoming more prevalent. Even the semblance of regulatory transgression in the manufacturing or marketing of a product can lead to damaging litigation.

Nixon Peabody has the experience and skills to help manufacturers and sellers of goods and services assess risk and avoid or minimize potential damages. We have successfully defended hundreds of clients against consumer complaints related to products, services, and advertising—from alcoholic beverages to prescription medical products.

Early case analysis

Our approach begins with early case analysis and a strategy that can resolve a case in the most cost-effective manner. Our analysis typically includes opinions from relevant experts and a thorough review of the facts and applicable law. Early case disposition also allows our clients to remain focused on their businesses.

Courtroom defense

If trial is unavoidable, our preparatory efforts become the foundation for a focused courtroom defense. We believe trial should be a last resort, but we have a wealth of trial experience and a reputation for aggressively defending cases. Our extensive experience in both products liability and consumer protection enables us to develop creative, cost-effective solutions.

Multiple-plaintiff and class-action lawsuits

Multiple-plaintiff and mass tort cases are on the rise across the U.S. Plaintiffs’ lawyers often advertise for cases, hoping to group claims together to increase the pressure for substantial settlements, and they seek the most favorable forums. Nixon Peabody has been at the forefront of efforts to have cases resolved in settings that are fair and balanced. Class action status can be achieved under state consumer protection statutes without complying with standard federal requirements. Damages and causation may be presumed, leaving companies vulnerable to Alice in Wonderland tactics, where a company’s actions and statements are taken out of context. Our experience helps companies effectively meet these challenges.

National and regional service

With the proliferation of state consumer protection statutes, and their aggressive use by plaintiffs, multi-jurisdiction litigation is likely to arise. Nixon Peabody has the structure, the sophisticated information systems, and the exceptional case management skills necessary to avoid missteps and control costs of multi-jurisdictional litigation.

We also have a deep bench of attorneys with relevant knowledge of advertising, retailing, manufacturing, and distribution. Our experience enables us to address all of the issues raised by consumer claims and to quickly identify technical experts. Clients benefit from our proven ability to execute novel arguments, our insight into emerging legal trends, and our quick, creative responses to plaintiffs’ claims.

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