Wargo French

Distinction with a Difference

Class and Collective Action Litigation

Wargo French attorneys have a long history of successfully handling class actions filed in state and federal courts across the country. Our attorneys have represented clients in virtually every type of class action case, including matters involving insurance, consumer protection, fraud, RICO, Fair Labor Standards Act, Telephone Consumer Protection Act, Fair Debt Collection Practice Act, Truth in Lending Act, toxic tort, environmental, products liability, securities and breach of contract. 

The following matters are indicative of the types of class action matters successfully handled by Wargo French attorneys: 

    • Defended a major cable television company in a consumer fraud class action in Minnesota.  In a ruling of first impression, obtained a complete dismissal of all of plaintiff’s claims based on the application of the filed rate doctrine.  Dismissal was upheld on appeal by the United States Court of Appeals for the Eighth Circuit.  Crumley v. Time Warner Cable, Inc., 554 F. Supp.2d 933 (D. Minn. 2008), aff’d. per curiam, 556 F.3d 879 (8th Cir. 2009).  These decisions were the first in the country to hold that the filed rate doctrine applies to regulated rates for cable television service.      
    • Represented major consulting company in class action brought under Americans with Disabilities Act and ERISA by former consultant.  Prevailed on motion to dismiss prior to discovery or class certification.  Craig v. BearingPoint, Inc., Civ. Act. No 1 08-CV-2476 (N.D. Ga. Dec. 10, 2008).
    • Represented a major insurance company in action brought by a previously certified class of individuals who had taken an assignment of certain claims for indemnity against insurer from a third party as part of a class action settlement in a related action.  Convinced the court not to exercise supplemental jurisdiction over the claims asserted by the class against insurer and obtained complete dismissal of the action.  Veal v. Voyager Property and Cas. Ins. Co., Case No. 8:04-CV-323T27MSS, 2008 WL 2512528 (M.D. Fla. June 20, 2008). 
    • Represented regional shipping company in antitrust class action involving allegations of price fixing relating to fuel surcharges.  Obtained voluntary dismissal of claims asserted by plaintiffs against client.  In re: LTL Shipping Services Antitrust Litigation, Civil Action No. 1:08-MD-1895-WSD (N.D. Ga. 2008).
    • Represented mortgage bank in a breach of contract and breach of fiduciary duty class action brought by borrowers who claimed that the bank unlawfully required its borrowers to maintain excessive escrow deposits for the payment of taxes and insurance.  Obtained judgment on the pleadings and a full dismissal of all claims prior to any discovery or class certification.  Crutchfield v. Independence One Mortgage Corp., Civil Action No. 2006-CV-115542 (Superior Court of Fulton County, Atlanta, Georgia, Aug. 13, 2007). 
    • Defended an international web hosting company in a class action regarding alleged violations of the Telephone Consumer Protection Act and defeated plaintiffs' motion to certify class.  Pair Networks, Inc. v. Interland, Inc., Case No. GD-01-23240 (Court of Common Pleas of Allegheny County, Pittsburgh, Pennsylvania, Feb. 5, 2007). 
    • Retained to represent major personal computer manufacturing company after a class action was conditionally certified against the client pursuant to the Fair Labor Standards Act.  After a full certification hearing, convinced the court to decertify the class.  Smith v. Micron Electronics, Inc., Case No. CV-01-244-S-BLW, 2005 WL 5336571 (D. Idaho Feb. 4, 2005). 
    • Defeated a motion for class certification and obtained voluntary dismissal of all claims asserted by plaintiff on behalf of the putative class in a proceeding against debt collector brought under the Fair Debt Collection Practices Act.  Sawyer v. Risk Management Alternatives, Inc., Case No. 1:02-cv-1546-LJM-VSS (S.D. Ind. March 2, 2004 and July 7, 2004).  
    • Defended a major cable television company in a multi-million dollar fraud and deceptive trade practices class action.  Obtained a complete dismissal of all of plaintiffs’ claims prior to any discovery or class certification.  Burnett v. Time Warner, Inc., Case No. 03-1905-3 (Chancery Court of Shelby County, Memphis, Tennessee, Feb. 27, 2004).
    • Defended a debt collector in two class actions brought under the Fair Debt Collection Practices Act.  Obtained judgment as a matter of law in favor of debt collector, prior to class certification or discovery, of all of the claims asserted by plaintiffs on behalf of the putative classes.  Olson & Schultz v. Risk Management Alternatives, Inc., Case Number 02 C 5750/02 c 5918 (consolidated) (N.D. Ill. June 13, 2003), aff’d, Olson v. Risk Management Alternatives, 366 F.3d 509 (7th Cir. 2004). 
    • Defended a major cable television company in a multi-million dollar Fair Labor Standards Act class action.  Obtained summary judgment, after bifurcated discovery, with respect to all of the named plaintiff’s claims prior to class certification.  Fields v. AOL Time Warner, Inc., 261 F. Supp. 2d 971 (W.D.Tenn. 2003).
    • Defended an international web hosting company in a Fair Labor Standards Act class action.  Obtained a dismissal, prior to class certification or discovery, of all of the claims asserted by plaintiff on behalf of the putative class.  Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175-CC, 2003 WL 24065651 (N.D. Ga. Aug. 25, 2003). 
    • Defended a multinational company in a securities class action.  Obtained a complete dismissal of all claims prior to class certification.  Walker v. Shield Acquisition Corp., 145 F. Supp. 2d 1360 (N.D. Ga. 2001). 
    • Defended a life insurance company in a breach of contract class action.  Obtained summary judgment with respect to all of plaintiff’s claims prior to class certification.  Price v. Union Security Insurance Company, Civil Action No. 98VS147158 (State Court of Fulton County, Atlanta, Georgia, June 22, 2000).
    • Defended a Fortune 50 company in a multi-million dollar fraud and breach of contract class action.  Obtained a complete dismissal of all of plaintiff’s claims prior to class certification.  Deerskin Trading Post, Inc. v. United Parcel Service of America, 972 F. Supp. 665 (N.D. Ga. 1997).
    • Defended a chemical manufacturer in a class action brought by local residents arising from various chemical releases.  Defeated motion for class certification and obtained voluntary dismissals of all of plaintiffs’ claims.  Greene v. Kemira, Inc., Civil Action No. 94-0540-G (State Court of Chatham County, Savannah, Georgia 1996).
    • Represented major network in RICO class action filed against multiple defendants.  Obtained extremely favorable settlement prior to class certification.  Sikes v. USA Networks, Civil Action No. CV692-147 (S.D. Ga. 1993).
    • Defended a major insurance company in a multi-million dollar fraud class action.  Opened a default previously entered against the client and obtained summary judgment with respect to all of plaintiff’s claims.  Boynton v. State Farm Mut. Auto. Ins. Co., 207 Ga. App. 756, 429 S.E.2d 304 (1993).
    • Represented major insurance company in fraud and breach of contract class action.  Filed an early summary judgment motion that forced plaintiff to abandon the case.  Young v. State Farm Mut. Auto. Ins. Co., Civil Action No. D96206 (Superior Court of Fulton County, Atlanta, Georgia, 1992).