Class Action & MDL Litigation

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Effective Solutions for Complex Disputes

As a highly regarded civil defense firm, Williams Montgomery & John Ltd. regularly is called upon by major corporate clients to provide representation in complex, high-stakes class action and multidistrict litigation around the country. The firm's attorneys have served as national or regional trial counsel in dozens of product liability, mass tort and commercial class action matters. We have successfully resolved class actions through decertification, dismissal and reasonable settlement.

In the product liability area, our attorneys have defended manufacturers and distributors in personal injury and wrongful death claims involving pharmaceuticals, silicone breast implants, medical devices, toys and other children's products, food products, power tools, aircraft engines, furnace filters, industrial equipment, farm equipment and a range of other consumer and industrial products.

For example, as Chevron's supervising North American counsel in the High Temperature Plastic Vent Pipe Litigation, one of our attorneys supervised and coordinated the successful defense of nationwide class actions against the company and negotiated an innovative industry wide corrective action plan. Another of our attorneys served as national coordinating and trial counsel representing a drug distributor in the fen-phen class action litigation. We also have represented manufacturers in toxic tort and medical monitoring class actions involving trichloroethylene (TCE), diethylstilbestrol (DES), ureaformaldehyde, salmonella and building products.

Williams Montgomery & John has an active practice defending commercial class actions as well. The firm currently serves as national class action defense counsel for a subsidiary of Zurich, one of the largest insurers in the world, defending that subsidiary in national and state-wide class actions. We have defended numerous class actions involving contract and consumer claims, including late fee litigation against a major video rental company, homeowner taxation litigation against a municipality, breach of warranty and consumer fraud litigation against a candy manufacturer, broker-dealer misfeasance litigation against a securities brokerage and breach of fiduciary duty litigation against an ESOP trustee.

The firm's class action litigation practice is led by partner Peter John, a member and past president of the International Academy of Trial Lawyers and a Fellow of both the American College of Trial Lawyers and the International Society of Barristers. He has been listed in Best Lawyers in America for business litigation since 1995 and also is listed for Bet-the-Company litigation. In addition, veteran class action litigators Thomas Neuckranz and Steven Roeder have been named by their peers for inclusion in Illinois Leading Lawyers and Illinois Super Lawyers for class action/mass torts and product liability law.

For more information about the firm's class action and MDL litigation practice, please contact Mr. John at 312.443.3210 or pcj@willmont.com.

 


Representative Matters

  • Ahearn v. Archibald Candy Corporation
    Circuit Court of Cook County, Ill.
    Favorably settled national class action against Archibald Candy alleging breach of warranty and violation of the Illinois Consumer Fraud Act.
  • Atwood v. Milwaukee Solvents
    Circuit Court of McHenry County, Ill.
    Obtained nuisance value settlements in class action product liability and mass tort lawsuit against Milwaukee Solvents involving TCE (trichloroethylene) supplied by defendant. Plaintiffs alleged TCE contamination of a subdivision's underground water supply.
  • Bagley v. Auto-Owners Insurance Co.
    Circuit Court of Muscogee County, Ga.
    Settled class action against Auto-Owners Insurance Co. involving automobile property damage coverage. Plaintiffs, all Georgia policyholders in the six years prior to filing suit, sought retroactive payment of diminution in value claims.
  • Champ v. Siegel Trading Co., et al.
    U.S. District Court, Northern District of Illinois and U.S. Court of Appeals, Seventh Circuit.
    On behalf of commodities brokerage firm, obtained ruling against class-wide arbitration under the Federal Arbitration Act. Decision cited by United States Supreme Court in seminal 2010 case on the subject.
  • Diet Drug Litigation
    U.S. District Court, Eastern District of Pennsylvania and multiple state courts
    Obtained dismissal as national coordinating and trial counsel for drug distributor Abana Pharmaceuticals in more than 3,000 federal and state court product liability lawsuits involving fen-phen. Plaintiffs alleged adverse health effects caused by use of the diet drug product.
  • Fuller v. Liberty Mutual Fire Ins. Co.
    Circuit Court of Cook County, Ill.
    Obtained dismissal, with prejudice, of class action against Liberty Mutual involving insurance sales practices. Plaintiffs alleged negligence and consumer fraud based on defendant's failure to provide optional water back-up coverage. Individual claims are pending.
  • General Electric Welding Rod Litigation
    State courts in Illinois, Indiana, Ohio and Wisconsin
    Obtained dismissal of individual and class action product liability lawsuits against General Electric involving welding products manufactured by defendant. Plaintiffs alleged defective welding rods resulted in exposure to manganese fumes.
  • Genetically Altered Corn Cases
    U.S. District Court, Northern District of Illinois
    Successfully defended product liability class action lawsuits involving corn flour sold by defendant. Plaintiffs alleged taco products were contaminated with genetically altered corn (Starlink) and caused injury when consumed.
  • Gravdahl v. Conwell
    U.S. District Court, Northern District of Illinois
    Achieved favorable mediation result before U.S. Court of Appeals for the Seventh Circuit in class action lawsuit against securities broker alleging broker-dealer and intermediary misfeasance.
  • High Temperature Plastic Vent Pipe Litigation
    Coordinated the successful defense of nationwide class actions as Chevron’s supervising North American counsel. Represented company in class actions in Tennessee, Alabama and Georgia; in provincial class actions in Quebec and Ontario, Canada; in related litigation in Illinois, Massachusetts, Pennsylvania and Texas; and before the Consumer Products Safety Commission in connection with an innovative industry wide corrective action plan. Also prosecuted and settled corporate claims for indemnity.
  • Hyatt Hotel v. Rose Acre Farms
    Circuit Court of Cook County, Ill.
    Favorably resolved product liability and breach of warranty class action against Rose Acre Farms involving eggs supplied by Rose Acre to a Hyatt Hotel. Plaintiff alleged eggs contained salmonella and caused 2,000 people to become ill during a convention.
  • In re Burlington Northern & Santa Fe Railway Co. Employee Settlement Agreements Litigation; Larsen v. The Burlington Northern & Santa Fe Railway Co.
    U.S. District Court, Western District of Washington and U.S. District Court, District of Minnesota
    Represented railroad in multidistrict and nationwide class actions alleging RICO, Sherman Act and FELA claims. Plaintiffs sought to set aside and re-litigate thousands of noise-induced hearing loss settlements.
  • In re Ferrosillicon Antitrust Litigation
    U.S. District Court, Western District of Pennsylvania
    Obtained jury verdict for defendant in class action antitrust lawsuit involving alleged price-fixing of ferrosillicon. Plaintiffs sought $200 million based on factual record developed by Department of Justice.
  • Insurance Class Action
    Circuit Court of Cook County, Ill., Chancery Division
    Currently represent large national insurance company and holding company in class action against former insured arising from denial of coverage for property loss. Plaintiffs allege breach of contract and bad faith.
  • Janikowski v. Lynch Motor Group

    210 F.3d 765 (7th Cir. 2000)
    Won affirmance of summary judgment for defendant in class action alleging violation of the Truth in Lending Act (TILA) and consumer fraud based on auto dealer's credit sales practice.

  • Lee v. SWBC
    U.S. District Court, Western District of Oklahoma
    Defended class action against claims administrator alleging fraud in the issuance of insurance policies.
  • Marc Cohen, et al. v. Blockbuster Entertainment, et al.
    Circuit Court of Cook County, Ill., Chancery Division
    Decertified class action against Blockbuster involving late fee claims by video renters and buyers.
  • Montgomery, et al. v. Aetna Plywood, et al.
    U.S. District Court, Northern District of Illinois
    Won class action on behalf of a defendant ESOP trustee. Beneficiaries of ESOP Trust brought lawsuit against a corporation for termination of ESOP and its ESOP individual trustees for breach of fiduciary duties and ERISA violations.
  • Tatania Garrett v. Sawbill Properties, Inc. and ICM Properties, Inc.
    Circuit Court of Cook County, Ill.
    Obtained dismissal of putative class action against the owners and managers of more than 2,000 residential rental units in the City of Chicago involving practice of charging "administrative fee". Plaintiff claimed this practice violated Chicago Residential Landlord Tenant Ordinance related to security deposits and payment of interest by landlords that hold such deposits.
  • Tishel v. Shell Oil Company, et al.
    Circuit Court of Cook County, Ill.
    Chancery Division: Secured dismissal of class action against Phillips Petroleum Company related to high gasoline prices in Illinois during the spring of 2000.
  • Warriner v. 3M
    Circuit Court of Cook County, Ill.
    Obtained dismissal of national class action product liability lawsuit against 3M concerning the sale of furnace filters.
  • Waypoint Aviation Services, Inc., et al. v. Lycoming Engines, a Division of Avco Corporation and Textron, Inc.
    Circuit Court of Cook County, Ill.
    Currently represent Lycoming Engines and Textron in class action product liability lawsuit involving reciprocating aircraft engines manufactured by defendants. Plaintiffs allege engines contain defective crankshafts and seek more than $60 million in damages. Fourth amended complaint is pending.
  • Western Railway Devices Corporation v. Addison Precision Products, Inc.
    Circuit Court of Cook County, Ill.
    Settled putative class action against Addison Precision Products involving claims under the Federal Telephone Consumer Protection Act and Illinois Consumer Fraud Act. Plaintiff alleged defendant transmitted large number of unsolicited advertising faxes to class members over four-year period.
  • Zurich American Insurance Company
    Currently represent Zurich American in class action in Louisiana involving workers' compensation bill review.
  • Zurich Services Corporation Bill Review Cases

    Circuit Courts in Illinois, Oklahoma and Tennessee
    Currently represent Zurich Services Corporation, a bill review company, as national counsel defending national and state class actions claiming improper reduction of medical bills. Tennessee class action successfully resolved through motion practice; Illinois class action successfully resolved through settlement and Oklahoma class action pending.