Class Action Defense

The increasing use of class actions as a vehicle to attempt to force unwarranted settlements can pose a financial crisis for your business. Our attorneys are experienced in guiding our clients through the often confusing world of class action, toxic tort, mass casualty, and Fair Credit Reporting Act litigation.

In recent years, Adler Murphy & McQuillen LLP lawyers have represented airport operators and air carriers in class action litigation ranging from alleged contamination of groundwater, to the crash landing of an aircraft at Chicago-O'Hare International Airport, to contract and injury claims arising from the air carrier's contract of carriage and airline tariff. In addition, our lawyers have represented credit reporting agencies in class action litigation for alleged violations of the Fair Credit Reporting Act. In most cases, we work to obtain an early dismissal or other resolution. However, in some high-exposure cases, early resolution may not be an option. In those instances, our overall expertise and litigation experience is invaluable when cases proceed to trial and appeal.

Experience

• Class Action Related to Alleged Failure to Provide Adequate Legroom on Aircraft

  Represented airline in proposed class action arising out of alleged failure to provide passenger with sufficient legroom on aircraft.

• Class Action Concerning Contamination From Industrial Park in Northwest Illinois

  Represented insurer in favorable resolution of claims stemming from environmental pollution, United States Environmental Protection Act and Illinois Environmental Protection Act actions, and class action concerning contamination from Industrial Park.

• Domestic Airline Mishap at O'Hare International Airport, Chicago, Illinois

  Represented airline in litigation brought by over 50 passengers arising out of 1998 crash landing of a Boeing 727 at O'Hare International Airport.

• Breach of Contract Class Action Regarding Baggage Fee

  Obtained dismissal of a class action complaint for breach of contract based upon the "pick-off" exception to class certification and established Illinois precedent regarding same. Successfully represented air carrier before the Illinois Supreme Court, which issued a unanimous opinion dismissing plaintiffs' putative class action complaint and reversing Illinois Appellate Court's opinion.

• Mass Toxic Tort Case Involving Municipal Airport

  Represented defendant airport in a mass toxic tort case. Successfully defeated attempt to certify a proposed class of 189,000 plaintiffs for personal injury and medical monitoring.