Environmental Class Action Defense
Our client, an operator of a secondary aluminum smelter, recycles aluminum by melting scrap aluminum to produce new aluminum ingots. Residents living nearby the smelting operations brought a proposed class action suit alleging claims for personal injuries allegedly as a result of emissions of pollutants from the plants. Our firm successfully obtained an order denying the named plaintiffs’ motion for class certification from the Wayne County Circuit Court and a denial of an application for leave to appeal by the Michigan Court of Appeals.
Fair Debt Collection Class Action Defense
Our client, a debt collection firm engaged in the business of pursuing collection of unpaid consumer credit card debts, was sued in a proposed class action. The plaintiff alleged that our client violated the Michigan Fair Debt Collection Practices Act by including an attorney fee award in a default judgment that was previously obtained by our client against the plaintiff in a prior lawsuit our client filed to enforce an unpaid credit card balance. The attorney fee was permitted by the credit card subscription agreement, itemized in the original complaint against the debtor, and included in an application for entry of a judgment for a sum certain. Our firm successfully obtained an order of dismissal from the United States District Court for the Western District of Michigan.
Consumer Class Action Defense
Our client owns an automobile dealership in New Jersey, and was sued in a proposed class action alleging claims for breach of contract, violations of the Truth in Lending Act, and violation of New Jersey consumer protection act, relating to the sale of extended warranty service contracts. We successfully negotiated a favorable settlement to our client, costing far less than the anticipated cost of defense.