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Class Action Litigation

Thompson & Knight attorneys represent clients from nearly every segment of American industry and business, defending them in regional, statewide, and nationwide class actions in which extensive corporate assets – and even corporate existence – are at risk.

Overview

Thompson & Knight attorneys represent clients from nearly every segment of American industry and business, defending them in regional, statewide, and nationwide class actions in which extensive corporate assets – and even corporate existence – are at risk. We have specific trial expertise to counsel and represent clients in this particular type of litigation. Our trial team includes more than 110 skilled attorneys, bringing a depth and breath of class actions expertise with unique capabilities to address any issue raised in this litigation arena.

Named among the top firms in Texas for Commercial Litigation in Chambers USA 2019 by Chambers and Partners

Recognized as a “Recommended Litigation Firm” in Texas in Benchmark: Litigation, The Definitive Guide to America's Leading Firms and Attorneys

Received a national first-tier ranking for Commercial Litigation in U.S. News - Best Lawyers® “Best Law Firms” 2019

Experience

Consumer

  • Represent a nationwide electricity and natural gas marketing company in defense of a putative statewide consumer class action challenging various representations related to pricing of defendants’ energy products and alleging breach of contract and unjust enrichment
  • Represented a food product manufacturer in a putative class action by consumers alleging false and misleading advertising, resulting in the granting of a motion to dismiss to refer the matter to the Food & Drug Administration (FDA)
  • Defeated a nationwide consumer class action brought against an international tire and rubber manufacturer
  • Represented a major manufacturer of telephone equipment in a nationwide class action alleging false advertising and marketing in violation of state consumer fraud statutes
  • Obtained a defense verdict for a gasoline refinery and manufacturer after an eight-week trial in a case brought by a class of customers who claimed damage of their automobiles resulting from the use of the gasoline products

Antitrust and Commercial

  • Represented a major transportation company in a class action lawsuit involving claims for negligence, breach of contract, and breach of fiduciary duty arising from the tax treatment of a special dividend
  • Represented a pipe manufacturer in a putative nationwide class action by indirect purchasers, resulting in a dismissal of one complaint in its entirety and dismissal of the majority of the claims in a subsequent complaint
  • Represented a food product manufacturer in a certified class action arbitration regarding treatment of independent distributors, resulting in a final award defeating all claims
  • Defeated class certification and obtained summary judgment for a chemical company on claims of more than 100 property owners alleging breach of contract, negligence, and fraud
  • Obtained a summary judgment dismissing our case prior to class certification in a statewide class action alleging violations of the federal Telephone Consumer Protection Act

Oil, Gas, and Energy

  • Represent an international energy company’s affiliate in a class action lawsuit involving the alleged failure to pay royalties owed on flared natural gas
  • Represented an international offshore drilling company in a class action lawsuit alleging a conspiracy among drilling companies to fix the wages and benefits paid to their offshore workers
  • Obtained dismissal of a nationwide class action involving allegation of misrepresentations against a petroleum products retail supplier
  • Represented a major gas purchaser and plant owner in defense of a class action filed in Oklahoma state and federal courts, settling with no monetary payment made
  • Obtained settlement and dismissal of class allegations in an environmental property damage class action for a major U.S. oil company

Securities

  • Represented a former NASDAQ-listed oil and gas company and former executives in lawsuits related to $4.4 billion tender offer and merger, including injunction and class certification hearings
  • Represented a luxury retailer and its board of directors in a class action lawsuit involving claims for breach of fiduciary duty in connection with a merger and acquisition
  • Represented a former officer and director of a NASDAQ-listed healthcare company in a class action lawsuit involving alleged violations of federal securities laws
  • Represented a NYSE-listed transportation company in a class action lawsuit involving claims for breach of fiduciary duty, negligence, gross negligence, and breach of contract arising from the tax treatment of a special dividend
  • Defended a financial services industry company and its directors in a securities class action and derivative claim alleging breach of fiduciary duty, constructive fraud, and negligent mismanagement as well as statutory securities fraud

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