Class Actions/Opt-Out Litigation

Bilzin Sumberg’s Litigation Group has significant experience in all aspects of class action litigation, including multi-district proceedings. The team's substantive knowledge coupled with its familiarity with class action procedure allows our attorneys to handle a wide array of class actions, both on the plaintiff and defense side.
EXPERIENCE
EXPERIENCE
Prosecution of claims of Tech Data Corporation and other major opt-out plaintiffs in the precedent setting LCD price fixing antitrust litigation. Actions filed throughout the country became part of a nationwide Multi-District Litigation (MDL) before the United States District Court for the Northern District of California that was one of the largest antitrust cases in United States history. We alleged that LCD manufacturers conspired to raise prices and control production capacity of LCD panels in violation of Section 1 of the Sherman Act. By successfully raising factual and legal issues for the first time in the MDL, including legal arguments that have never been made before in any antitrust case, we produced extraordinary results. Our clients recovered in excess of $300 million, which represents over 200% of the clients' single damages and more than five times the recovery achieved by the class.
EXPERIENCE
Representation of Tech Data Corporation, one of the world's largest distributors of technology products, services, and solutions, in the prosecution of claims against the major worldwide manufacturers of cathode-ray tubes (CRTs), the predecessor technology to LCD displays. The Bilzin Sumberg Antitrust team alleges that the CRT manufacturers conspired to raise prices and control production capacity of CRTs in violation of Section 1 of the Sherman Act, resulting in our client being unlawfully overcharged for products containing CRTs purchased over a 12-year period. Tech Data’s case, in which it is seeking damages of over $140 million, is currently pending in the United States District Court for the Northern District of California as part of a nationwide MDL. Our team has played a significant role in shaping the course of this MDL litigation, including developing evidence regarding certain conspirators that nearly doubled the size of our client's claim.
EXPERIENCE
Defense of a major automobile manufacturer in the Takata air bag class action, one of the largest multi-district litigation (MDL) class action cases in the country. Our client, along with numerous others, are defendants in two class actions for personal injury and economic loss arising out of allegations that the vehicles contain defective airbags manufactured by Takata. The Bilzin Sumberg team is involved in establishing the defense strategy against products liability and Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claims. Bilzin Sumberg is also assisting with many complex issues related to insurance coverage, discovery disputes, depositions of the class plaintiffs, as well as advising on compliance with local rules and procedures before U.S. District Judge Federico Moreno.
EXPERIENCE
Representation of a major homebuilder in a putative class action in which home buyers claimed the client developed, marketed, financed and sold homes to the plaintiffs while failing to disclose that the homes were located on or adjacent to a former World War II military training site, which was alleged to cause economic harm to the plaintiffs. Our team successfully negotiated a favorable settlement for the client, which was less than 10% the estimated fees and costs for trial.
EXPERIENCE
Representation of the current and former officers and directors of a regional bank in a shareholder derivative and class action suit based on allegations of self-dealing, with claims of over $100 million. Numerous insurance-related issues were also part of the representation. Our team successfully argued for dismissal of the class action with prejudice. Litigation regarding distribution of settlement funds for the derivative suit is ongoing.
EXPERIENCE
Successful defense of crib manufacturer and national retail chain in federal consumer class action. The District of Minnesota dismissed the class plaintiffs' claims in their entirety and the United States Court of Appeals affirmed the decision.
INSIGHTS

"They're very thoughtful and creative."

- Chambers USA 2014
Press Release June 05, 2017
In a precedent-setting result, Bilzin Sumberg antitrust and commercial litigation attorneys recovered over $300 million for two opt-out plaintiffs in a nationwide multidistrict litigation (MDL). Tech Data Corporation and the bankruptcy estate of All American Semiconductor alleged LCD manufacturers conspired to raise prices and control production capacity of LCD panels in violation of Section 1 of the Sherman Antitrust Act. The LCD multidistrict litigation is one of the largest antitrust cases in recent U.S. history.
Press Release May 27, 2016
Bilzin Sumberg announces that over 60% of the Firm's partners have been recognized as leaders in their respective fields in the 2016 edition of Chambers USA, one of the most esteemed legal publications in the world. The Chambers USA guide annually ranks preeminence in key practice areas and achievements of law firms and lawyers throughout the country.
Publication August 30, 2016
The docket for the Supreme Court’s October 2016 term is still taking shape.
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