Class Action Litigation

McKool Smith represents both plaintiffs and defendants in complex class action litigation. Our lawyers have deep experience in all aspects of class action disputes, including class certification, discovery, and settlement negotiation. We also guide clients through the complex process of appeals and related matters to secure favorable outcomes.

We represent clients in the full range of class action matters, including:

• Antitrust violations
• Breach of fiduciary duty
• Consumer fraud
• Contract disputes
• ERISA matters
• Environmental law
• Lending and credit practices
• Royalty disputes
• Securities and shareholder disputes

Representative Matters

Our attorneys' class action litigation experience includes the following matters, among others:

• Dial Corp. et al Antitrust Class Action. Secured a $244 million settlement of class action antitrust claims against News Corp. and its affiliates on behalf of a certified class of consumer packaged goods manufacturers, including Dial Corporation, Henkel Consumer Goods, Smithfield Foods, Inc., HP Hood LLC, BEF Foods, Inc., Kraft Heinz Foods and Foster Poultry Farms.

• Lennox International. Represented Lennox Hearth Products, Inc., Lennox International, and Lennox Industries in defense of a California consumer class action alleging that Lennox failed to disclose that the sealed glass front of gas fireplaces can be dangerous and cause serious burns from contact with the glass.  The case settled on highly-favorable terms for our client. McKool Smith was named the Lennox International “Law Firm of the Year” for providing outstanding service and results while representing Lennox in this matter.

• Royalty Owners. Represented a class of royalty owners in a lawsuit filed against Houston-based BP America Production Co. that included claims that BP is overcharging royalty owners for processing fees as part of its post-production costs for natural gas processed at the company’s New Blanco Plant in New Mexico. After a 6-day trial, the jury awarded our clients $9.7 million, the amount requested, and the defendant’s motion for a new trial was rejected.

• Texas Cities Hotel Litigation. McKool Smith won a final judgment awarding the City of San Antonio and 171 additional Texas cities approximately $55 million in delinquent hotel occupancy taxes from 11 Online Travel Companies (“OTCs”), including Expedia.com, Hotels.com, Hotwire.com, Priceline.com, Travelocity.com, Orbitz.com, and others. The final judgment includes penalties and interest owed from an earlier $20 million jury verdict that McKool Smith secured on behalf of the Texas cities in 2009. The verdict was named one of the “Top 100 Verdicts” of 2009 by The National Law Journal and VerdictSearch.

• Lennox International. Represented Lennox in defense of a class action filed in Florida involving a class of consumers who purchased certain models of Lennox air conditioning units. The plaintiffs allege that they suffered economic injury due to the Lennox air conditioners alleged use of a defective part that decreases the value and efficiency of the units.  McKool Smith was named the Lennox International  “Law Firm of the Year” for providing outstanding service and results while representing Lennox in this matter.

• Government of Antigua and Barbuda. Defending the Government of Antigua and Barbuda in two RICO class actions over that Government’s alleged involvement in the R. Allen Stanford $8 Billion Ponzi scheme and the takeover of the Bank of Antigua and the resale of that Bank to several countries, including Antigua and Barbuda, and in two related lawsuits brought by the Official Stanford Investors Committee, all of which have attracted worldwide media coverage, including articles in The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, and The Financial Times, and numerous TV news reports.

• Wyble v. Gulf South. Defended Gulf South, an interstate natural gas pipeline, against a class of landowners seeking billions of dollars in repairs, and to have a court-appointed master take control of the pipeline system, due to alleged violations of the Pipeline Safety Act. After McKool Smith won a landmark summary judgment ruling, the case settled on highly-favorable terms for our client.