class action defense: matters
Bridgestone Firestone - National Counsel
For over thirty years, Herrick has served as regional counsel in New York and New Jersey for Bridgestone Americas Tire Operations LLC and its predecessors in connection with claims involving tires, rims, roofing materials, children's car seats, retail stores and employment matters.
Broker Dealer - Wage & Hour Class Action
Representing a registered broker dealer in a purported wage and hour class action filed on behalf of sales people allegedly misclassified as exempt from minimum wage and overtime compensation.
Residential Healthcare Facility - Wage/Hour Class Action
Representation of a nursing and residential health care facility in a wage and hour collective and class action lawsuit alleging violations of federal and state labor laws. This litigation was settled on terms favorable to our client.
Landlords and Managing Agents - Dismissal of Hurricane Sandy Class Action
Representing three defendant/owner-landlords and five defendant managing agents of rental properties, located in downtown Manhattan, in a putative bi-lateral class action brought by three plaintiffs seeking rent reimbursement for loss of electricity and other services during Hurricane Sandy. Plaintiffs purported to represent a class of all similarly situated tenants in the State of New York against our clients, who were sued individually and as named representatives for a putative defendant class of all similarly situated landlords and managing agents in the State of New York. We successfully obtained dismissal of the complaint on a pre-class certification motion for summary judgment made prior to any discovery, asserting that the class claims as pled failed to satisfy the statutory requisites of a class action.
Network Technology Company -- Wage/Hour Class Action
Successful representation of a network technology company in litigating and settling a putative class action lawsuit brought by network technicians based on an alleged failure to pay prevailing wages and benefits on publically financed construction projects.
Title Insurance Company - Class Action Defense
Representation of a title insurance company in a class action alleging overcharges on premiums for policies sold to consumers in New Jersey. We settled—on terms favorable to our client—early enough in negotiations to minimize our client's legal fees.
Commodities Broker - Dismissal of Class Action
Representation of a major commodities broker in a class action brought in a Florida state court. The plaintiffs were investors in a foreign exchange hedge fund whose principal perpetrated a multi-million dollar fraud. The investors alleged that our client, which executed trades on behalf of the fund, violated Florida blue sky laws and aided and abetted the fraud. After twice dismissing the complaint and granting plaintiffs leave to replead, the court finally dismissed all claims with prejudice and awarded our client its costs and attorneys' fees. The appellate court affirmed.
Title Insurance Companies - Class Action Defense
Representation of two title insurance companies in two class actions alleging overcharges on premiums for policies sold to consumers in New York. After extensive litigation, we settled on terms favorable to our clients.