Class Action

Kramon & Graham enjoys a well-established national reputation for successfully handling class action cases on both the defense and plaintiff sides in state and federal jurisdictions. Our experience spans a broad range of class and collective action cases including:

• Antitrust Claims
• Breach of Contract
• Breach of Warranty
• Consumer Fraud
• Fair Debt Collection Practices
• Financial Services
• Insurance Coverage
• Medical Device Claims
• Pharmaceutical
• Product Liability
• Securities Fraud
• State Consumer Protection Statutes
• State Labor Laws
• Telephone Consumer Protection Act Claims
• Torts
• RICO Claims

With decades of experience, Kramon & Graham attorneys have extensive knowledge of the procedural issues unique to class actions, as well as the underlying substantive governing law. We know the issues presented by petitions for certification and are experienced at taking and defending class-based discovery. Whether we are prosecuting or defending a class action, we know how to prepare for and manage the specialized demands of class litigation.

Because of the firm's experience as both defense and plaintiffs' counsel, we have solid working relationships with both sides of the bar, which helps to limit litigation disputes and allows us to work our cases more efficiently.

Kramon & Graham regularly defends and prosecutes class actions throughout the country. Our diverse experience includes a variety of industries and involves a range of statutory and common law claims.

We are proud of our record of resolving class actions on favorable terms whether through an outright verdict for our client or a favorable settlement and pleased to have earned the trust and confidence of our clients who return and refer to us as new issues arise.

Representative Matters

Serving as plaintiff's counsel in a massive class action lawsuit against Marriott International. In one of the largest data breaches in the country's history, approximately 5.25 million unencrypted passport numbers and 20.3 million encrypted passport numbers were among the sensitive customer records accessed by hackers. The breach compromised the personal information of nearly 400 million customers who made reservations at Starwood-branded hotels.

Represent plaintiffs in a nationwide class action product defects lawsuit against Viking Group, Inc., The Viking Corporation, and Supply Network, Inc., d/b/a Viking Supplynet. The suit alleges that the Viking VK457 sprinkler system, which is estimated to have been installed in tens of thousands of properties, had a defect that caused it to activate when no fire, smoke, or undue heat existed. Plaintiffs claimed that the malfunction can cause significant flood damage to homes and personal property. Kramon & Graham and co-counsel Sauder Schelkopf settled the suit on favorable terms on behalf of the class, establishing a national replacement program at no cost to class members. The United States District Court for the District of Maryland granted preliminary approval to the proposed class action settlement on December 30, 2019. The settlement will be presented for final approval on June 18, 2020. The case is Jackson, et al. v. Viking Group, Inc., et al., No. 8:18-cv-02356-PJM (D. Md.).

Currently serving as plaintiff's counsel in a class action lawsuit against Honda Motor Company. The suit alleges that the daytime running lights of Honda Accord models made between 2016 and 2018 are prone to premature burnout due to poorly designed heat sinks.

Currently serving as plaintiff's counsel in a class action lawsuit against Ford Motor Company. The suit alleges that Ford F-150 trucks made between 2015 and 2019 have a defective steering system that causes the driver to temporarily lose control of the vehicle.

Currently serving as defense counsel to the nation's largest publicly traded debt buyer in Fair Debt Collection Practices Act and state consumer protection statute class actions.

Representing the City of Baltimore in both federal and state court systems against class action claims by the public safety unions that an ordinance that modified members' pension benefits violated federal constitutional and state contractual rights.

Successfully obtained judgment in favor of a national lender on the eve of a class action trial after demonstrating that plaintiffs were unable to prove their claims. The federal court case was instituted by plaintiffs who alleged that the lender and others were liable to them for purported violations of Maryland's Finder's Fee Law over a 20-year period. Plaintiffs sought hundreds of millions of dollars in damages.

As lead defense counsel for providers of oil recycling services in a TCPA case, expeditiously settled the claim pursuant to a confidential agreement on satisfactory terms. No class was ever certified.

Obtained dismissal of all claims brought against a law firm by representatives of a putative plaintiff class seeking to recover under Maryland's Fair Debt Collection Practices Act and Consumer Protection Act. No class was ever certified.

Prosecuted three RICO class actions in federal court against "payday lenders," achieving considerable benefits for class members.

As co-lead counsel for plaintiff class, successfully negotiated settlement between class of attest associates who asserted violations of California's labor standards and a Big Four auditing firm.

Served as plaintiffs' liaison counsel in a successfully settled product defect class action filed against the manufacturer of a popular water hose.

Served as defense counsel in a bilateral class action in the Circuit Court for Montgomery County involving violations of the Maryland Towing Act and related claims. After a successful mediation in 2017, a settlement resolving a substantial number of the claims at issue was approved by the Court. In 2018 and 2019, motions for summary judgment were briefed and the parties engaged in a second mediation. Ultimately the class requested, and the court approved, a significantly reduced settlement demand to individual class members.

Served as defense counsel in two real estate practices class actions in federal court against one of the nation's largest privately owned real estate companies.