Case Studies | Class + Collective Action Litigation

Preventing Class Certification and Forcing Arbitration

Kegler Brown represented a national seller of extended automobile warranties in preventing class certification and forcing arbitration of the central claims in the case. The customers purchasing the warranties completed short-form applications in connection with their purchases and the subsequently received warranty document included an arbitration provision. Following two interlocutory appeals to the United States Court of Appeals for the Sixth Circuit, we were successful in forcing arbitration and driving the case to a successful resolution for our client. We simultaneously resolved an Ohio Attorney General’s Office investigation focused on the same practices favorably for the client.

National Franchisee Putative Class Action Litigation

Kegler Brown defended a nationally known franchisor in putative class action litigation alleging RICO, Fraud and Antitrust Claims pertaining to various aspects of the franchise system. The lawsuit included claims related to product and service supplier arrangements, as well as marketing fees paid to the franchisor by product manufacturers and suppliers. We successfully prevented class certification, obtained the dismissal of most of the claims, and resolved the remaining litigation with a nuisance value settlement.