CONSUMER & FALSE CLAIMS ACT

Massey & Gail has substantial experience with consumer litigation, including class actions and claims under state and federal false claims statutes.

Our lawyers have defended and prosecuted consumer class actions across numerous industries. We also have represented clients in complex, high-stakes False Claims Act disputes, both defending against those claims and pursuing them on behalf of qui tam plaintiffs. Our experience includes significant trials and appeals, as well as successful settlements.

REPRESENTATIVE MATTERS

Representing consumers in a wide range of product liability, unfair competition, fraud, and other cases, including plaintiffs alleging harms from tobacco, diet drugs, and a pesticide whose registration was suspended in the United States by the EPA due to its carcinogenic and other health effects, but whose exports continued thereafter.
Successfully briefing the leading U.S. Supreme Court cases on settlements in class actions (Amchem and Ortiz).
Successfully briefing and arguing the 2014 U.S. Supreme Court AU Optronics case involving the Class Action Fairness Act, winning 9-0, after another similar action had been decided 9-0 the other way during the previous term.
Defending a consumer class action in federal court, negotiating a favorable settlement, and then successfully defending the settlement before the Seventh Circuit Court of Appeals.
Prosecuting two Illinois False Claims Act cases involving application of the “public disclosure bar” and “government action bar” and winning an appellate victory in Illinois state court.
Filing an amicus brief on behalf of non-profit taxpayer groups in a case deciding whether the Illinois False Claims Act can encompass claims for underpayment of sales tax.
Briefing and arguing the U.S. Supreme Court case governing the proper standard of appellate review in punitive damages cases.
Briefing U.S. Supreme Court cases establishing the constitutional limits on punitive damages awards, including State Farm Mut. Auto. Ins. Co. v. Campbell, BMW of North America, Inc. v. Gore, Honda Motor Co. v. Oberg, and TXO Production Co. v. Alliance Resources Corp.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.