Class Actions

EXPERIENCE

Appellate
—	Successfully petitioned the Supreme Court of the United States to grant certiorari on question of federal jurisdiction under the Class Action Fairness Act of 2005, after the Eighth Circuit denied our client's petition for permission to appeal. The question presented is whether a named plaintiff has the right to "stipulate" on behalf of unrepresented members of a putative class that the class will seek less than $5 million in order to avoid federal jurisdiction. (Standard Fire Insurance Company v. Knowles, No. 11-1450.)
Business and Trade Regulation
—	Defending putative class actions in Connecticut and Massachusetts alleging that company engaged in deceptive business practices in connection with the sale of services over the Internet.
—	Defended an action challenging insurance carrier’s business practices concerning its administration of one of its annuity products in Rhode Island Superior Court. The class consisted of members from 51 jurisdictions who purchased a particular type of annuity product from the insurer. The class members asserted claims for breach of contract, common law bad faith and also sought a declaratory judgment.
—	Defended a hospital that belonged to a multi-hospital trade association in a federal class action brought by the state office of protection and advocacy for disabled individuals on behalf of all deaf and hearing impaired citizens in the state. Complaint alleged violations of state constitutional law and federal civil rights.
—	Defended hospitals against a consumer class action alleging that medical records billing policies and practices violated state regulatory law and unfair trade practices.
—	Represented major chemical manufacturer in antitrust class action relating to allegations of price-fixing in the rubber chemicals industry.
—	Successfully opposed an attempt to certify proposed nationwide class action brought by franchisees against franchisor alleging claims for, among other things, fraud, negligent misrepresentation and breach of contract.
—	Defended a class action brought by homeowners involving alleged damages sustained as a result of groundwater and indoor air contamination.
Consumer Financial Services
—	Defending law firm in putative class action in Massachusetts federal court against firm and lenders alleging improper assignment of mortgages in foreclosure.
—	Defending lender in putative class action in Connecticut federal court alleging that lender engaged in illegal discrimination with respect to student loans.
—	Defending lender in putative class action in Connecticut Superior Court alleging that lender charged excessive interest on late balloon payments.
—	Defending lender in putative class action in Connecticut federal court alleging that lender charged excessive interest rates on defaulted loans.
Employment and Employee Benefits
—	Co-lead plaintiffs’ counsel in putative class action in New Jersey federal court alleging that employer violated ERISA and breached its fiduciary duties to employees who participated in long term savings plan, resulting in employees’ loss of retirement assets.
—	Defending employer in putative class action in Connecticut federal court alleging that employees were incorrectly categorized as exempt employees, and seeking to recover overtime payments.
—	Served as lead counsel for the State of Connecticut in a class action brought against the State of Connecticut by a proposed class of state employees who were insured under group insurance policies issued to the State of Connecticut by Anthem Insurance or its predecessors. Upon the demutualization of Anthem Insurance, approximately $100,000,000 was paid to the state as a “member” of Anthem. The proposed class contended that they were the “members” and that the proceeds of the demutualization should have been paid to them and not the State.
Health Insurance/Managed Care Organizations
—	Defended Health Net of Connecticut against a class action lawsuit filed by three participating podiatrists and a podiatric medical association in Connecticut Superior Court. Plaintiffs alleged that the client violated the state unfair trade practices and unfair insurance practices statutes by unfairly discriminating against podiatrists by paying them a lower reimbursement rate than medical doctors for performance of the same foot and ankle related services. Robinson & Cole argued that Connecticut's unfair trade practices and unfair insurance practices statutes did not prohibit insurers from treating different types of health care providers differently, that podiatrists and medical doctors were not similarly situated such that they were required to be paid the same, and that recognizing these differences was not discriminatory. After extensive discovery, court granted Robinson & Cole's motion for summary judgment, holding that the state unfair insurance practices act was not intended to be an equal pay or pay parity statute and that reimbursing podiatrists and medical doctors at different rates for the same services does not constitute unfair discrimination.
—	Defending a managed care organization in putative class action in Connecticut Superior Court filed by providers alleging coercive and anti-competitive conduct, including violations of antitrust and unfair trade practice statutes.
—	Defended a managed care organization in 34 putative class actions in Connecticut federal court alleging that company made false and misleading statements with respect to its financial condition in its securities filings.
—	Defended a managed care organization in a class action in New York Supreme Court alleging wrongful termination of health care coverage and failure to provide proper notice before terminating coverage.
—	Defended a managed care organization in federal court actions brought by physicians and consumers as part of a nationwide class action against leading MCOs in the health care industry. Multiple lawsuits were filed in state court alleging RICO violations, unfair trade practices and fraud claims.
—	Defended a managed care organization against a class action brought by providers and a provider trade association alleging that differing reimbursement rates paid to different provider classes violated state public policy and constituted violations of unfair insurance and unfair trade practices statutes.
—	Defended a managed care organization against a member class action alleging that the MCO improperly sought subrogation recoveries for medical costs paid in personal injury actions.
—	Defended a managed care organization against a class action lawsuit brought by providers alleging that the MCO failed to properly administer a risk-sharing arrangement.
—	Defended a managed care organization against a member class action (100,000+ class members) challenging prompt provision of services and notification of denied and terminated benefits.
Other
—	Defended a Connecticut municipality in a class action tax appeal challenging the legality of the revaluation of 2500 class members’ real property in a condominium development.
Products Liability
—	Representing manufacturer in putative class actions in Connecticut and Illinois federal court involving alleged defects in consumer products.
—	Represented a large pharmaceutical manufacturer in various class action lawsuits stemming from its manufacturing of various drugs.
—	Represented a toy manufacturer in a class action in New York alleging fraud and unfair trade practices arising out of the sale of allegedly defective children’s toys.
—	Represented one of the world’s largest HVAC manufacturers in a class action alleging fraud arising out of the sale of allegedly defective furnaces.
—	Represented a leading manufacturer of office equipment in a class action in Connecticut Superior Court alleging consumer fraud and violations of the Connecticut Unfair Trade Practices Act stemming from sales of desktop inkjet printers.
—	Represented a world-wide leader in electronics in defending a class action brought by thousands of claimants alleging consumer fraud and unfair trade practices arising out of the sale of allegedly defective DVD players.
Property Insurance Coverage and Claim Handling Practices
—	Representing insurer in several putative class actions in various jurisdictions involving property insurance claim handling practices.
—	Represented an insurance carrier in a putative class action involving the applicability of a state insurance statute to claims arising out of the 2004 hurricanes.
—	Represented and currently representing insurance carriers in a number of putative class actions in Louisiana federal district court involving Hurricane Katrina-related insurance coverage and claim handling issues and business practices. Successfully obtained dismissal under Rule 12(b)(6) or orders striking class allegations on the pleadings in a number of these cases. Also representing insurers in putative class action filed by the State of Louisiana seeking to recover grant payments made by the State to homeowners.
Securities
—	The firm represents a popular NASDAQ-listed Internet service provider in a class action pending in Connecticut Superior Court. There, the plaintiff alleges that he was deceived by the company while using its on-line service. The complaint alleges cause of action for a violation of the Connecticut Unfair Trade Practices Act, breach of contract and breach of the duty of good faith and fair dealing.
—	Represented board of directors and certain current and former officers of a public company in shareholder derivative action in Connecticut Superior Court alleging breach of fiduciary duty, waste of corporate assets and misappropriation of corporate information.
—	Defended a managed care organization in 34 putative class actions in Connecticut federal court alleging that company made false and misleading statements with respect to its financial condition in its securities filings.
—	Representing largest shareholders of public company as plaintiffs in putative class action involving one of the largest financial and securities frauds ever to occur.
—	Co-counsel for public company and certain officers and directors in consolidated class action in Connecticut federal court involving alleged securities violations. Case involved large-scale collection, review and production of millions of pages of electronic documents, in which Robinson & Cole took the lead role.
—	Represented manufacturer against class securities fraud claims that company fraudulently misrepresented business prospects in order to attract and maintain investors.
—	Represented banking institution against class allegations that the bank artificially overstated earnings by under-reserving for real estate losses.