Class Action Litigation
In litigation, the stakes are highest in the class action arena. Wyche lawyers have excelled in this area for years. Our litigators have handled class actions for both plaintiffs and defendants. Our experience on both sides of class actions gives us a unique perspective and ability to maneuver in this area of the law.
Perhaps the best way to illustrate our experience is to list a number of the class actions we have handled over the years with the following representative cases.
- Pitts v. Jackson National Life Insurance: We defended this insurance practices class action in state court in South Carolina. After conditional certification of a class, we obtained summary judgment on the merits, which was upheld on appeal.
- Cook v. Liberty Life: We defended Liberty Life Insurance Company in this insurance contract interpretation class action. We obtained summary judgment on the merits.
- Sugarman v. Liberty Life: This was a telemarketing practices claim in Oregon. We worked with Oregon counsel. Liberty Life prevailed on class certification and on the merits.
- Stoddard v. Smart Corporation and Hiller v. Smart Corporation: We represented Smart Corporation in these two antitrust class actions—one in federal court, one in state court–alleging monopolistic practices in the copying of medical records. We obtained summary judgment on the merits in both cases.
- Spartanburg Regional Hospital System v. Hillenbrand: We worked actively as local counsel in defending this antitrust class action, which alleged antitrust violations arising out of alleged “bundled discounts.” Lead counsel was Boies, Schiller & Flexner. The case settled. Pitten v. One Price: We obtained summary judgment for the defendant in this securities law action.
- In re Datastream Systems, Inc. Securities Litigation: We represented the defendant in this securities law class action, which was settled. Campbell v. Microsoft: We represented Microsoft in this class action filed in state court here and removed to federal court. The case was transferred to multidistrict panel. We worked with lead counsel Sullivan and Cromwell.
- In re Electrical Receptacle Products Liability Litigation: We represented the defendant in this no-injury products liability class action involving electrical receptacles. After a stint with an MDL panel in the District of South Carolina, the case was ultimately remanded to state court, where we argued successfully to the state trial court for its outright dismissal.
- Salley et al v. Compaq and Hewlett Packard: We represented the defendants in this products liability class action filed in state court in South Carolina. We worked with lead counsel Morgan Lewis & Bockius and Gibson Dunn & Crutcher. This case was settled.
- Cole & Kaufman v. Long John Silver: This was a Fair Labor Standards Act collective action that was in arbitration. We briefed and argued challenges in federal court to certain awards of the arbitrator.