Litigation
Class Actions
Our landmark trial and appellate victories have shaped class action jurisprudence throughout the United States and globally.
Global Reach
350+ lawyers across 14 offices worldwide
SCOTUS Victories
Precedent-setting U.S. Supreme Court wins in the last decade have altered the landscape for class actions
Dispositive Wins
Won hundreds of motions to dismiss and motions for summary judgment in the last five years
Defeating Certification
Significantly outperform the industry average in defeating class certification and obtaining appellate review of certification decisions
Overview
Class actions often present an existential threat to a client’s business, even if the claims are meritless.
Gibson Dunn’s class action practice excels in managing the most complex and high-stakes cases. Honored 10 times as one of Law360’s Class Action Groups of the Year, our impact spans a variety of industries, reinforcing our position as a leader in class action defense.
Our lawyers deploy cutting-edge approaches to win cases early and minimize client risks. The firm’s approach combines fresh perspectives with an unrivaled track record of success, offering end-to-end litigation strategies that cover pre-trial investigations, early dispositive motions, jury trials, and appellate advocacy. This expertise is supported by a team of former federal judges, seasoned prosecutors, and industry specialists.
As class actions have exported globally, Gibson Dunn has expanded its practice reach, with active engagements in significant cases in the EU and other jurisdictions. This global footprint ensures robust legal support for multinational clients.
Our dedication to client service and excellence has earned the trust of leading companies worldwide, who rely on us for their most significant class actions. We have a strong record of defending class action rulings in appellate courts, including notable U.S. Supreme Court victories such as Wal-Mart v. Dukes and Comcast Corp. v. Behrend. Our experience spans various industries, leveraging cross-practice experience to deliver coordinated and efficient service. This expertise has attracted a client roster of blue-chip companies and household names, solidifying our unique position to defend class and collective actions across multiple jurisdictions.
“Gibson Dunn doesn’t just successfully defend class actions, it chips away at the body of law that supports them.”
The American Lawyer
Experience
Recent representations include:
- Walmart: Obtained a unanimous ruling in the U.S. Supreme Court on behalf of Walmart reversing an order certifying the largest employment discrimination case in history, and the majority opinion reinvigorated challenges based on lack of Rule 23(a)(2) commonality.
- Uber: Took over from another firm and defended dozens of putative class actions and secured rulings that enforced Uber’s arbitration, forum-selection, and class waiver provisions, including several landmark appellate victories.
- Grubhub: Secured a complete victory on behalf of Grubhub by striking class allegations, then prevailing at a first-of-its-kind trial in which the court held that a Grubhub delivery partner was properly classified as an independent contractor.
- Meta: Defeated class certification in a broad attack on Meta’s “crown jewel” advertising business, where plaintiffs challenged the accuracy of ad targeting criteria. Our strategic defense not only prevented the class from being certified but also safeguarded Meta’s core advertising operations, ensuring continued trust and reliability in their targeting algorithms.
- Aetna: Defeated class certification in coordinated ERISA alleged overpayment cases—when other firms lost identical claims in the same court on behalf of their clients. Obtained a sweeping victory that rejected plaintiffs’ “kitchen-sink” certification attempt under Rule 23(b)(1)(A), (b)(2), (b)(3), and (c)(4).
- Warner Bros. Entertainment: Won a Ninth Circuit reversal of a district court’s decision to deny Warner Bros. Entertainment’s motion to compel arbitration of a putative class action, a novel case addressing in-app contract formation for company’s flagship Game of Thrones: Conquest
- Goldman Sachs: Prevailed for Goldman Sachs in a decade-long class certification dispute. The plaintiffs claimed Goldman made false statements about its business principles and conflict management, leading to stock drops after regulatory disclosures. Gibson Dunn successfully argued the statements were too generic to impact the stock price, resulting in the Second Circuit decertifying the class.
- University of Southern California: Obtained dismissal of all claims against the University of Southern California (USC) and other universities by a putative class of rejected college applicants seeking refunds of application fees from the universities that college admission counselor Rick Singer had targeted in his scheme to defraud university admissions departments.
- Jimmy John’s: Obtained a massive victory on behalf of Jimmy John’s, persuading the Southern District of Illinois to deny certification of a 615,000-employee nationwide class challenging Jimmy John’s so-called “no poach” provision in its franchise agreements.
- Kimberly Clark: Reduced a nine-figure jury verdict by 95% in the trial court on behalf of our client, Kimberly-Clark, then obtained an appellate ruling reversing the class certification order and vacating the judgment entirely.
Practice Leaders
News & Insights
Client Alert
First Quarter 2024 Update on Class Actions
Client Alert
Texas Supreme Court Holds Courts Cannot Certify Issue Classes Unless Underlying Claim Is Certifiable
Client Alert
Supreme Court Holds That Courts Must Decide Conflict Between Arbitration Delegation Clause And Later Forum Selection Clause