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Class Actions

Practices

  • Appellate
  • Commercial Litigation
  • Energy – Litigation

Recognized leaders in class action defense, trusted by companies of all sizes and sectors.

Overview

Liskow is known for delivering targeted, successful strategies in defending class actions—whether it arises from a single incident or bet-the-company dispute spanning multiple years. With a deep bench of trial attorneys and a reputation for skill in both the law and the science behind these cases, we have the capability to respond quickly and efficiently and effectively manage class action matters of any size, complexity, or scope.

Our track record reflects this experience: we reduced class size in a personal injury matter from 500,000 claimants to just 4; defeated class certification in a chemical release case, leading to complete withdrawal of the lawsuit; secured a dismissal with prejudice of all class claims at the pleadings stage in a commercial class action in federal court; and successfully tried multi-district litigation for a gasoline refiner in contaminated fuel cases. We are currently defending the nation’s largest homebuilder in a putative class action, as well as a leading national university in a First Amendment class action matter.

We represent companies across industries—energy, petrochemical, specialty chemical, mining, construction, marine transport, manufacturing, higher education, insurance, and more. Our clients know that we combine legal excellence, scientific fluency, and business understanding to protect what matters most to those that we represent. Courts and opposing counsel recognize the Liskow name and our decades of experience provides a decisive advantage.

Notable Experience

  • Reduced the number of claimants in a personal injury class action from 500,000 to just 4.
  • Currently defending the nation’s largest homebuilder in a putative class action.
  • Defending a leading national university in a putative class action alleging First Amendment violations related to social media.
  • Successfully defeated class certification in a mass tort lawsuit alleging widespread odors and chemical emissions from a municipal solid waste landfill. Plaintiffs sought to certify a class of over 76,000 residents, alleging nuisance and personal injury damages as a result of alleged exposure to landfill emissions over a thirty-month period. Liskow handled all aspects of the defense, including discovery, extensive briefing and a two-day hearing with testimony from numerous fact and expert witnesses. Liskow successfully persuaded the court that individual trials on damages and causation were necessary due to the plaintiffs’ varying experiences with wind patterns, preexisting health conditions, and alternative emission sources.
  • Successfully removed a putative class action and related mass action to federal court under the Class Action Fairness Act, and defeated the plaintiffs’ motions to remand on multiple matters of first impression. In doing so, we successfully persuaded the court to adopt a broader interpretation of the Class Action Fairness Act than what the U.S. Fifth Circuit had previously recognized, resulting in multiple published opinions.
  • Defending chemical company at trial against tens of thousands of alleged air exposure claims by using experts in engineering, dispersion and toxicology to scientifically disprove plaintiffs’ claims of alleged exposure to obtain many zero (and the remaining, de minimus) verdicts.
  • Representing multiple industrial sites in class action proceedings in both state and federal courts.
  • Represented a first-party property insurer and its insured, a sugar manufacturing company, in a products liability action against the manufacturer of defective building materials used in a warehouse that collapsed.
  • Served as trial counsel for a gasoline refiner in multi-district class actions alleging contaminated gasoline affecting consumers’ vehicles.
  • Prevailed on a Rule 12(b)(6) motion to dismiss a class action, securing dismissal of all class claims against Liskow’s clients with prejudice at the initial pleadings stage of litigation.
  • Represented a chemical manufacturer in a class action involving a chemical release; after removal to federal court, narrowed the case through motion practice, defeated class certification, and obtained voluntary dismissal.
  • Represented two clients in a class action challenging the collection of delinquent property taxes for the City of New Orleans, in which we:
    • Secured several key pre-trial rulings that defeated several causes of action, limited discovery directed at Liskow’s clients, and resulted in the recusal of the original class representatives;
    • Developed an effective defense of the class certification trial and obtained a favorable class certification ruling in which the claims against Liskow’s clients were further reduced and the size of the class was reduced by more than two thirds;
    • Successfully defended the favorable class certification ruling on appeal, in which the ruling was affirmed by the Louisiana Fourth Circuit Court of Appeal; and
    • Following the appeal, secured a Court order dismissing all class claims against Liskow’s clients.
  • Defended a petroleum company in tort and maritime personal injury and property damage claims, including long-term occupational chemical exposures, and advised on oilfield indemnity and insurance coverage matters.
  • Defended an insurance company in a statewide class action by policyholders asserting breach of contract, detrimental reliance, and unjust enrichment claims.
  • Defended a railroad company in three separate class actions:
    • Claims by 20,000 individuals and businesses arising from the derailment of a train containing hazardous materials.
    • Nationwide employee claims for alleged workplace chemical exposure.
    • Alleged exposure to hazardous substances by residents near a soil-blending facility on railroad property.

Initial Contacts

  • Shannon Holtzman
    ssholtzman@liskow.com
    504.556.4148504.556.4148
  • Neil Abramson
    nabramson@liskow.com
    504.556.4009504.556.4009
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