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C L A S S A C T I O N R E P O R T E R
Friday, December 25, 2020, Vol. 22, No. 258
Headlines
[^] Most Active Class Action Defendant Law Firms - 2020
Asbestos Litigation
ASBESTOS UPDATE: Aearo Corp. Retains Asbestos Related Liabilities
ASBESTOS UPDATE: Westrock Co. Had 1,200 Pending Claims at Sept. 30
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[^] Most Active Class Action Defendant Law Firms - 2020
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The Class Action Reporter is pleased to provide our subscribers the
following list of law firms that we have identified as the seven
most active firms representing defendants in class action lawsuits
during 2020.
This list is the product of and copyrighted by Beard Group, Inc.,
and no reproduction or further use of this list is permitted
without the prior written consent of Beard Group, Inc.
OGLETREE DEAKINS NASH SMOAK & STEWART P.C.
Ogletree Deakins takes the top spot this year after
representing defendant companies in at least 64 class
action lawsuits alleging violations of federal and
state labor laws, consumer laws, privacy laws, the Fair
Credit Reporting Act, the federal Worker Adjustment and
Retraining Notification (WARN) Act. Clients include
Tasty Baking Company; Hill Country Staffing; Flowers
Foods; Portfolio Recovery Associates, LLC; Clean Harbor
Environmental Services, Inc.; Caleres, Inc.; Arizona
Tile, L.L.C.; Ulta Salon, Cosmetics, & Fragrance, Inc.;
IKEA North America Services, LLC; CalPortland Company;
Home Depot U.S.A.; and Universal Logistics Holdings.
The firm has 53 offices in 31 U.S. states, the District
of Columbia, the U.S. Virgin Islands, and in Canada,
Mexico, and Europe.
On the Web: https://ogletree.com/
Contacts:
Patrick F. Hulla, Esq.
Co-Chair, Class Action Defense Group
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4520 Main Street, Suite 400
Kansas City, MO 64111
Telephone: (816) 410-2226
E-mail: patrick.hulla@ogletree.com
- and –
Maggie (Hanrahan) Santen, Esq.
Co-chair, Class and Collective Action Practice Group
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Ninety One Peachtree Tower
191 Peachtree Street, N.E. Suite 4800
Atlanta, GA 30303
Telephone: (404) 870-1743
E-mail: maggie.santen@ogletree.com
LITTLER MENDELSON P.C.
Littler Mendelson P.C. slides to second spot this year.
The firm represented defendant companies in at least
58 class action complaints alleging violations
of the Fair Labor Standards Act and state labor laws,
the Fair Credit Reporting Act, the Americans with
Disabilities Act, and the Illinois Biometric
Information Privacy Act. The firm's clients include
HG Foods LLC dba Burger King; Loomis Armored US, LLC;
The TJX Companies, Inc.; Brookdale Senior Living
Communities, Inc.; Cigna Health & Life Insurance
Company, The Okonite Company, Inc.; Starr Restaurant
Organization, LP; MV Transportation, Inc.; and Coffman
Specialties, Inc.
The firm is headquartered in San Francisco, Calif.,
with 90 offices in 37 states in the U.S. and in
23 countries.
On the Web: https://www.littler.com/
Contacts:
Keith A. Jacoby, Esq.
Co-Chair, Class Action Practice Group
LITTLER MENDELSON P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Telephone: (310) 772-7284
E-mail: kjacoby@littler.com
- and -
Richard W. Black, Esq.
Co-Chair, Class Action Practice Group
LITTLER MENDELSON P.C.
3424 Peachtree Road NE, Suite 1200
Atlanta, GA 30326
Telephone: (404) 233-0330
Facsimile: (404) 233-2361
E-mail: rblack@littler.com
JACKSON LEWIS P.C.
Jackson Lewis P.C. served as counsel to corporate
defendants in at least 46 class action complaints
alleging, among others, violation of the Fair Labor
Standards Act and state labor laws, the Federal
Racketeering Influenced and Corrupt Organizations Act,
the Illinois Biometric Information Privacy Act. Its
clients include Wynn Resorts, Ltd; Kenco Logistic
Services, LLC; Pax Assist, Inc.; Medical Management
International, Inc. d/b/a Banfield Pet Hospital; Rehrig
Pacific Company; GCA Education Services, Inc.;
Comprehensive Health Services, Inc.; and Family Dollar
Stores, Inc.
Headquartered in New York, with 39 other offices in
40 U.S. states and Puerto Rico.
On the Web: http://www.jacksonlewis.com/
Contact:
Mia Farber, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
E-mail: mia.farber@jacksonlewis.com
- and -
David R. Golder, Esq.
JACKSON LEWIS P.C.
90 State House Square, 8th Floor
Hartford, CT 06103
Telephone: (860) 522-0404
Facsimile: (860) 247-1330
E-mail: david.golder@jacksonlewis.com
- and -
Eric R. Magnus, Esq.
JACKSON LEWIS P.C.
171 17th Street, NW Suite 1200
Atlanta, GA 30363
Telephone: (404) 525-8200
Facsimile: (404) 525-1173
E-mail: eric.magnus@jacksonlewis.com
SEYFARTH SHAW LLP
Seyfarth Shaw appeared in at least 43 lawsuits seeking
class action status this year on behalf of corporate
defendants, including First Advantage Background
Services Corp.; Michael Kors Stores (California), Inc.;
Airport Terminal Services, Inc.; Gate Gourmet, Inc.;
Hyatt Corporation; Kelly Services, Inc.; Centene
Corporation; 48Forty Solutions; Verizon Americas
Holdings, Inc., doing business as: Verizon America,
Inc.; Woodward Governor Company; and Atria Senior
Living, Inc. The lawsuits allege, among others,
violations of the Fair Credit Reporting Act, federal
and state labor laws, and Illinois Biometric
Information Privacy Act.
The firm is based in Chicago, with 16 other offices in
the U.S., London, China and Australia.
On the Web: https://www.seyfarth.com/
Contacts:
Laura J. Maechtlen, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Telephone: (415) 397-2823
Facsimile: (415) 397-8549
E-mail: lmaechtlen@seyfarth.com
- and -
Kristine R. Argentine, Esq.
SEYFARTH SHAW LLP
233 S. Wacker Dr., Suite 8000
Chicago, IL 60606
Telephone: (312) 460-5000
Facsimile: (312) 460-7000
E-mail: kargentine@seyfarth.com
MORGAN, LEWIS & BOCKIUS LLP
Morgan Lewis & Bockius served as counsel to corporate
defendants in at least 37 class action lawsuits
alleging violation of securities and labor laws, as
well as consumer fraud. Clients include NPM Staffing,
LLC; Officers and directors at Liberty Property Trust;
WAWA; Ascena Retail Group, Inc.; Air Products and
Chemicals, Inc.; JPMorgan Chase & Co.; CBS Corp.; and
Amazon Services.
The firm is based in Philadelphia, Pennsylvania, with
offices across North America, Europe, Asia, and
the Middle East.
On the Web: https://www.morganlewis.com/
Contacts:
Grace E. Speights, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Ave. NW
Washington, DC 20004-2541
Telephone: (202) 739-5189
Facsimile: (202) 739-3001
E-mail: grace.speights@morganlewis.com
- and -
J. Gordon Cooney, Jr., Esq.
MORGAN, LEWIS & BOCKIUS LLP
1701 Market St.
Philadelphia, PA 19103-2921
Telephone: (215) 963-4806
Facsimile: (215) 963-5001
E-mail: gordon.cooney@morganlewis.com
GREENBERG TRAURIG LLP
Greenberg Traurig served as counsel to corporate
defendants in at least 23 class action complaints
alleging, among others, violation of the Fair Credit
Reporting Act, the Fair Labor Standards Act, the
Telephone Consumer Protection Act, and various state
consumer laws. Clients include Medtronic Minimed,
Inc.; Panda Restaurant Group, Inc.; Envision Physician
Services LLC; Samsung Electronics America, Inc.;
Barrett Business Services, Inc.; RCN Telecom Services,
LLC; Occidental Petroleum Corporation; Deva Concepts,
LLC, d/b/a DevaCurl; CVS Pharmacy Inc.; and American
Airlines, Inc.
Headquartered in Miami, Fla., with 39 other offices in
The United States, Latin America, Europe, Asia and the
Middle East.
On the Web: http://www.gtlaw.com/
Contact:
Robert J. Herrington, Esq.
Co-Chair, Class Action Litigation Group
GREENBERG TRAURIG, LLP
4 Embarcadero Center, Suite 3000
San Francisco, CA 94111
Telephone: (415) 655-1300
Facsimile: (415) 707-2010
E-mail: herringtonr@gtlaw.com
- and -
Stephen L. Saxl, Esq.
Co-Chair, Class Action Litigation Group
GREENBERG TRAURIG, LLP
MetLife Building
200 Park Avenue
New York, NY 10166
Telephone: (212) 801-9200
Facsimile: (212) 801-6400
E-mail: saxls@gtlaw.com
GORDON REES SCULLY MANSUKHANI, LLP
Gordon Rees acted as counsel to corporate defendants
including Boll & Branch, LLC; Office Depot, Inc.; Home
Depot USA, Inc.; Vertilux Limited; ACS Primary Care
Physicians-South P.C.; AU Pair Care, Inc.; and
Fieldwork, Inc., with respect to at least 21 lawsuits
seeking class status. The lawsuits allege violation of
consumer laws, the Telephone Consumer Protection Act,
the Fair Labor Standards Act and state labor laws, and
the Employee Retirement Income Security Act.
The firm is headquartered in San Francisco, with
59 other offices across all 50 states.
On the Web: https://www.grsm.com/
Contacts:
Miles D. Scully, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: (213) 270-7871
E-mail: mscully@grsm.com
- and -
Fletcher C. Alford, Esq.
GORDON & REES SCULLY MANSUKHANI LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 986-5900
Facsimile: (415) 986-8054
E-mail: falford@grsm.com
Asbestos Litigation
ASBESTOS UPDATE: Aearo Corp. Retains Asbestos Related Liabilities
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Cabot Corporation's subsidiary, Aearo Corporation, will retain
certain liabilities associated with exposure to asbestos and
silica, according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
September 30, 2020.
The Company states: "The subsidiary transferred the business to
Aearo Corporation ("Aearo") in July 1995. Cabot agreed to have the
subsidiary retain certain liabilities associated with exposure to
asbestos and silica while using respirators prior to the 1995
transaction so long as Aearo paid, and continues to pay, Cabot an
annual fee of $400,000. Aearo can discontinue payment of the fee at
any time, in which case it will assume the responsibility for and
indemnify Cabot against those liabilities which Cabot's subsidiary
had agreed to retain. The Company anticipates that it will continue
to receive payment of the $400,000 fee from Aearo and thereby
retain these liabilities for the foreseeable future. Cabot has no
liability in connection with any products manufactured by Aearo
after 1995.
"In addition to Cabot's subsidiary and as described above, other
parties are responsible for significant portions of the costs of
respirator liabilities, leaving Cabot's subsidiary with a portion
of the liability in only some of the pending cases. These parties
include Aearo, AO, AO's insurers, another former owner and its
insurers and a third-party manufacturer of respirators formerly
sold under the AO brand and its insurers (collectively, with the
Company's subsidiary, the "Payor Group").
"Cabot has contributed to the Payor Group's defense and settlement
costs with respect to a percentage of pending claims depending on
several factors, including the period of alleged product use. In
order to quantify Cabot's estimated share of liability for pending
and future respirator liability claims, Cabot has engaged, through
counsel, the assistance of Nathan Associates, Inc. ("Nathan"), a
leading consulting firm in the field of tort liability valuation.
The methodology used to estimate the liability addresses the
complexities surrounding Cabot's potential liability by making
assumptions based on the Company's experience with these claims
about Cabot's likely exposure related to claims pending for less
than 10 years, the viability of pending claims, and the estimated
number of future claimants with respect to periods of asbestos,
silica and coal mine dust exposure and respirator use. Using those
and other assumptions, the Company estimates the costs that would
be incurred in defending and resolving both currently pending and
future claims. During fiscal 2020, the Company updated this
estimate with the assistance of Nathan. Based on the updated
estimate, the Company updated its reserve as of September 30, 2020
for Cabot's estimated share of the liability for pending and future
respirator claims and recorded a charge of $3 million, which is
included in Selling and administrative expenses in the Consolidated
Statements of Operations. This reserve reflects higher costs of
defending and resolving these claims. Based on these estimates, as
of September 30, 2020 and 2019, the Company had $24 million and $35
million, respectively, reserved for its estimated share of
liability for pending and future respirator claims, which is
included in Other liabilities and Accounts payable and accrued
liabilities on the Consolidated Balance Sheets. The Company expects
these liabilities to be incurred over a number of years.
"In February 2020, Cabot, with certain members of the Payor Group,
entered into a settlement agreement resolving a large group of
claims, including claims alleging serious injury, brought by coal
workers in Kentucky and West Virginia represented by common legal
counsel. The Company's share of this liability is $65.2 million,
and during the second quarter of fiscal 2020, Cabot recorded a
charge of $50 million for this settlement, which was included in
Selling and administrative expenses in the Consolidated Statements
of Operations. The Company paid $32.6 million of this settlement in
the third quarter of fiscal 2020. The remaining $32.6 million is
included in Accounts payable and accrued liabilities on the
Consolidated Balance Sheets as of September 30, 2020 and was paid
by the Company in the first quarter of fiscal 2021.
"In fiscal 2019 and 2018, the Company recorded charges of $20
million and $10 million, respectively, related to the respirator
liability which was included in Selling and administrative expenses
in the Consolidated Statements of Operations.
"In addition to the settlement noted above, the Company made
payments related to its respirator liability of $4 million in
fiscal 2020, $10 million in fiscal 2019 and $3 million in fiscal
2018.
"The Company's current estimate of the cost of its share of
existing and future respirator liability claims is based on facts
and circumstances existing at this time, including the number and
nature of the remaining claims. Developments that could affect the
Company's estimate include, but are not limited to, (i) significant
changes in the number of future claims, (ii) changes in the rate of
dismissals without payment of pending claims, (iii) significant
changes in the average cost of resolving claims, including
potential settlements of groups of claims, (iv) significant changes
in the legal costs of defending these claims, (v) changes in the
nature of claims received or changes in our assessment of the
viability of these claims, (vi) trial and appellate outcomes, (vii)
changes in the law and procedure applicable to these claims, (viii)
the financial viability of the parties that contribute to the
payment of respirator claims, (ix) exhaustion or changes in the
recoverability of the insurance coverage maintained by certain
members of the Payor Group, or a change in the availability of the
indemnity provided by a former owner of AO, (x) changes in the
allocation of costs among the various parties paying legal and
settlement costs, and (xi) a determination that the assumptions
that were used to estimate Cabot's share of liability are no longer
reasonable. The Company cannot determine the impact of these
potential developments on its current estimate of its share of
liability for existing and future claims. Because reserves are
limited to amounts that are probable and estimable as of a relevant
measurement date, and there is inherent difficulty in projecting
the impact of potential developments on Cabot's share of liability
for these existing and future claims, the actual amount of these
liabilities for existing and future claims could be different than
the reserved amount."
A full-text copy of the Form 10-K is available at
https://bit.ly/3paXqY6
ASBESTOS UPDATE: Westrock Co. Had 1,200 Pending Claims at Sept. 30
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Westrock Company is facing approximately 1,200 asbestos-related
personal injury lawsuits at September 30, 2020, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended September 27, 2020.
The Company states: "We have been named a defendant in
asbestos-related personal injury litigation. To date, the costs
resulting from the litigation, including settlement costs, have not
been significant. As of September 30, 2020, there were
approximately 1,200 such lawsuits. We believe that we have
substantial insurance coverage, subject to applicable deductibles
and policy limits, with respect to asbestos claims. We also have
valid defenses to these asbestos-related personal injury claims and
intend to continue to defend them vigorously. Should the volume of
litigation grow substantially, it is possible that we could incur
significant costs resolving these cases. We do not expect the
resolution of pending asbestos litigation and proceedings to have a
material adverse effect on our results of operations, financial
condition or cash flows. In any given period or periods, however,
it is possible such proceedings or matters could have a material
adverse effect on our results of operations, financial condition or
cash flows. At September 30, 2020, we had $15.2 million reserved
for these matters."
"We are a defendant in a number of other lawsuits and claims
arising out of the conduct of our business. While the ultimate
results of such suits or other proceedings against us cannot be
predicted with certainty, we believe the resolution of these other
matters will not have a material adverse effect on our results of
operations, financial condition or cash flows."
A full-text copy of the Form 10-K is available at
https://bit.ly/3atbLuP
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S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2020. All rights reserved. ISSN 1525-2272.
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