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Class Action

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A class action lawsuit presents unique challenges to a business, and our lawyers have experience navigating clients through these complex, high-stakes cases. Members of McNair’s Class Action Practice Group have litigated class action matters for clients in the following industries:

  • Automobile
  • Banking
  • Chemical
  • Consumer finance
  • Construction
  • Electric utility
  • Healthcare
  • Insurance
  • Non-profit
  • Payment processing
  • Pharmaceutical
  • Professional services
  • Real estate
  • Recycling
  • Retail
  • Manufacturing
  • Waste disposal

Our Class Action lawyers have handled numerous class actions in federal and state courts, as well as in arbitration. We have litigated substantive class action claims with the following issues:

  • Antitrust
  • Breach of contract
  • Breach of warranty
  • Breach of implied warranty
  • Consumer fraud
  • Conversion
  • Employment
  • ERISA
  • Negligence
  • Nuisance
  • Products liability
  • Tax exempt financing
  • Trespass
  • Unfair and deceptive trade practices
  • Wage & Hour / Fair Labor Standards Act (FLSA)

Members of McNair’s Class Action Practice Group have achieved pre-certification dismissal of class action lawsuits, have prevailed on the issue of class certification in numerous other class action cases, and have favorably resolved class actions both pre and post-certification. 

The lawyers in McNair’s Class Action Practice Group are familiar with the latest case law and other developments in class litigation, including the Class Action Fairness Act, class arbitration and class action waivers. Our lawyers enjoy excellent reputations for their creativity, energy, litigation abilities, and experience with class action matters. We approach and evaluate each case individually, and then formulate innovative and creative strategies tailored to client-specific needs and goals.

In addition, members of our Class Action Practice Group have been retained as private outside counsel to work with insurance defense counsel to protect the clients’ interests in class litigation. We have also consulted with other law firms regarding strategies to defeat class certification.

Representative matters include:

  • Defeated class certification on behalf of a national home builder
  • Obtained summary judgment prior to class certification arguments in a class action against a national drug manufacturer
  • Obtained pre-certification dismissal of FLSA collective action on behalf of hospital facing wage & hour claims from entire maintenance staff
  • Obtained favorable settlement for law firm in putative class action brought by former class of construction defect plaintiffs
  • Obtained favorable settlement of ERISA class action brought by employees of non-profit organization
  • Representation of a national tire manufacturer in multiple South Carolina class actions
  • Representation of a national contractor in attached housing class involving multiple alleged construction defects
  • Representation of a national home builder in a defective products class action
  • Representation of national steel manufacturer in racial discrimination and harassment class action brought by thousands of former employees
  • Representation of a national grocery store chain regarding ERISA and COBRA claims
  • Representation of major pharmaceutical and medical device manufacturers regarding drug and medical device class litigation
  • Representation of South Carolina hospitals regarding hospital pricing class actions
  • Representation of a national restaurant company regarding antitrust and RICO class action
  • Representation of a failed bank regarding stockholder derivative action
  • Representation of a Multiple Listing Service in an antitrust class action
  • Representation of a utility company in class action involving covenants in bond documents
  • Representation of a mortgage lender in class action involving the South Carolina attorney preference statute