Class Actions
Bush Seyferth PLLC (BSP Law) has extensive experience defending class actions in courts around the country, in areas including product liability, consumer protection, environmental, toxic tort, construction defect, and even “unconstitutional software.” Partnering with trial and discovery counsel, our class counsel craft defense strategies aimed at efficient resolution, whether through winning early motions, defeating class certification, settling favorably, or when necessary, trial and appeal.
BSP Law’s class team brings its trial-focused strength to its defense of class actions:
- Theme development, cross-case strategy
- Coordination with product defense
- Fact investigation and offensive discovery
- Development of due-diligence facts
- Defensive discovery, including company witness preparation and e-Discovery
- Dispositive motions
- Expert discovery and motions
- Class certification motions
- Trial (including preparation and mocks)
- Embedded appellate for trial
- Facilitation, Mediation, and Settlement
- Appeal
Selected Case Studies
- Automotive: Assisted in interlocutory appeal obtaining published vacatur of issues classes, with Sixth Circuit holding certification improperly conflated two defects.
- Automotive: Spearheaded MDL consolidation strategy, assisted in briefing that won preemption and primary-jurisdiction dismissal, argued Sixth Circuit appeal securing published affirmance.
- Automotive: Obtained prudential-mootness dismissals of multiple post-recall putative class actions. Handling post-judgment and appellate proceedings.
- Construction: Won summary judgment and successful-party fees over $500,000, based on named plaintiffs’ mooting of his claims.
- Construction: Won order compelling arbitration and dismissal of class claims in putative class action alleging consumer fraud against national homebuilder.
- Environmental: Obtained dismissal of class and mass actions alleging damage to real and personal property arising from severe rain event. Handling appeals.
- Technology: Won dismissal of putative section 1983 class action arising from service fees charged by Ohio county for access to court records.
- Technology: Won dismissal of a putative class action alleging due process violations, holding injuries caused by state’s unemployment insurance administration were not traceable to client’s software.
- Automotive: After cross-examining plaintiffs’ experts, and before presenting defense experts, obtained favorable non-class resolution.
- Construction: Defeated certification of putative next-of-kin class alleging property development flooded nearby cemetery and asserting claims for nuisance and interference with human remains.
- Construction: Defeated motion to certify Florida-wide class alleging defective stucco application.
- Environmental Mass Tort: Limited damages and won trial bifurcation, enabling favorable settlement of mass action, later won summary judgment on hold-out claims.
- Food & Beverage: In TCPA class action, identified early evidence that defeated class theory and resolved individually without motion practice.
- Coordinate discovery and defense of related product and class claims, including documents, witnesses, and experts.
- Serve as discovery counsel in the Takata class-action MDL (and national air-bag counsel in related product-liability matters).
- Enforced narrow scope of pre-certification discovery, opposing production of, among other things, customer names and addresses and consulting-expert work-product.
- Led project to identify and gather testimony from uninjured putative class representatives.
- Defeated motion to compel production of trade secrets, notwithstanding other manufacturers’ similar productions.
- Compelled production of non-plaintiff responses to plaintiffs’ counsel’s advertisements, defeating claims of work product and privilege.
- Architected motion to compel factual basis for class-wide defect claims that resulted in production of privilege log before being mooted by non-class resolution.
- Obtained order striking plaintiffs’ liability and damages experts for improper reliance on statistical evidence.
