Class Action

Corporations and public entities have seen a rising wave of class action lawsuits and mass tort litigation in recent years. Burglass & Tankersley has extensive experience defending clients in significant class action and mass tort cases. The firm's attorneys have interdisciplinary experience that has enabled them to successfully defend a broad spectrum of class action and mass tort cases involving such diverse subjects as:

  • Flooding
  • Blood Products
  • Pharmaceutical/Products Liability
  • Public Housing Mold
  • Public Facility Accidents
  • Business Transaction Issues
  • Chinese Drywall

These cases have involved varied claims such as personal injury, property damage, inconvenience, loss of business, taking issues, pollution, emotional distress and medical monitoring.

While the strategy employed for each case depends upon its unique circumstances, the firm strives to achieve an early resolution in the most appropriate forum for our clients. Where appropriate, we have filed exceptions and motions to dismiss at the outset of a case before the court even addresses class certification. In other situations not readily amenable to early resolution, we have aggressively prepared for class certification hearings, succeeding in limiting discovery to class issues only, and ultimately defeated certification. The firm has negotiated class settlements and guided those through the statutory approval process.

representative experience:

  • Terrytown Gymnasium: The firm was retained by Jefferson Parish to defend multiple (15) class action litigations pending in several federal and state courts. The cases all arose out of the massive flooding that occurred during Hurricane Katrina, with plaintiffs alleging that the Parish was responsible for the flooding due to deficient emergency planning, an inadequately designed and operated drainage system, and faulty decision making immediately prior to and during the storm. All three of the federal and four of the state class actions were dismissed on pre-trial motions with no payment made by the Parish. The remaining eight class actions were consolidated and proceeded to trial. After a four week jury trial a verdict was rendered in favor of the Parish, finding no liability on the Parish's part on any of plaintiffs' allegations and resulting in a judgment of dismissal entered in the Parish's favor.
  • Mold in Public Housing: Currently represent a local city agency in a putative class action claim arising out of damages allegedly sustained by the plaintiffs as a result of defendant's alleged negligence in allowing mold to germinate and spread throughout various public housing developments in New Orleans, Louisiana.
  • Unsolicited Advertisements: Obtaining voluntary dismissal for a company, with no monies being paid, in a class action regarding transmission of unsolicited advertisements via facsimile.
  • Violation of Consumer Protection Act: Currently represent a Virginia Company in a class action alleging violations of the Federal Telephone Consumer Protection Act of 1991.