Class action litigation represents an ideal match of Gibbons’ abilities and client needs. These are “bet the company” cases for all but the largest entities. Numerous first impression and cutting-edge issues typically emerge. Class actions usually require ongoing and frequent judicial intervention, for which Gibbons’ reputation and high profile in the region’s courts serve clients well. The firm’s senior litigators bring decades of hands-on experience with the most sophisticated, complex litigation projects, backed by a deep bench of former federal and appellate law clerks. Gibbons understands and delivers the intensity needed for these types of cases and can deploy the multidisciplinary talent they require. Always alert for the efficient result, Gibbons frequently has been able to engineer resolutions before the class discovery and certification stage. As one national class action client put it, “Why would you go anywhere else in New Jersey?”
Gibbons has defended corporate clients and individual officers and directors in securities and antitrust class actions in numerous industries, including the pharmaceutical, biotechnology, telecommunications, computer and technology, financial services, insurance, and many others. The firm also has particular experience in dealing with class actions under the New Jersey Consumer Fraud Act (CFA) and other state consumer protection statutes, including claims relating to false advertising of consumer products (including digital cameras, printers, and medical devices); distribution of allegedly counterfeit pharmaceutical products; products liability class actions involving automobiles, medical devices, and lead in cosmetics; and vehicle service contracts, rent-to-own contracts, and other issues. We have also been involved in ERISA class actions and class actions asserted under the Telephone Consumer Protection Act (TCPA) and Fair and Accurate Credit Transaction Act of 2003 (FACTA), and we have successfully defeated class action lawsuits based on class action waivers in arbitration agreements.
- In the ERISA health benefits field, Gibbons has represented defendants in a very large nationwide class action concerning the use of computerized methods of calculating reimbursement rates for medical providers. The issue had attracted the attention of state attorneys general and involved thousands of potential class members.
- Gibbons has defended class actions regarding other important health care industry issues that led to class actions, including the classification of eating disorders as mental illness and analysis of the medical necessity of experimental treatment techniques.
Areas of Focus
Many of the firm’s antitrust representations arise in the context of private class actions. The firm is well positioned to handle these matters by building litigation teams that include both the firm’s experienced antitrust lawyers and attorneys who focus their energies of the defense of class actions of every description.
Consumer Fraud Act Claims
New Jersey is one of the most active jurisdictions in the country for consumer class action lawsuits. From consumer products—such as printers, cameras, automobiles, pharmaceuticals, medical devices, and nutritional supplements—to contracts, gift certificates, junk faxes, and receipts, if a company interacts with consumers, or manufactures, sells, or advertises products or services, it is, by definition, vulnerable to class action lawsuits. Gibbons has experienced attorneys who adeptly handle state and federal class actions asserting the range of common law and statutory claims.
In this area, the firm has defended a number of major pharmaceutical, medical device, and consumer product manufacturers in nationwide and statewide class actions. The efficiency this team has developed over the years is a function not only of the experience and dedication of the attorneys working in this area, but also of the development of comprehensive discovery demands and litigation strategies that can be effectively tailored to address the specific needs of individual clients and matters.
The firm counsels ERISA plans and administrators and represents a major benefits carrier in larger and impact litigation matters concerning benefits under ERISA plans. Gibbons has moved the law ahead in this area, winning high profile decisions on issues with broad application in the health benefits field. The firm has defended class actions based on cutting-edge issues of coverage for experimental and unproven medical treatment, “usual and customary” reimbursement rates, and the applicability of state insurance regulations. We continue to be involved in litigation with statewide and regional impact regarding billing practices by major healthcare institutions.
Securities Class Action
The firm’s longstanding securities class action practice is as accomplished and varied as the sophisticated clients who, time and again, retain Gibbons to handle their most crucial and complex matters. Our experienced securities litigators represent all manner of issuer, underwriter, advisor, auditor, officer, and director in connection with every aspect and phase of class actions alleging violations of federal and state securities laws, rules, and regulations. Our attorneys’ proficiency, experience, and tireless commitment to clients’ objectives have earned Gibbons the trust of industry leaders nationwide in connection with their high-stakes class action litigations.