Class Action Defense

Class Action Defense

Swanson, Martin & Bell, LLP understands and appreciates the stress a pending class action lawsuit can have on a company and its owners, representatives, and employees. Our class action lawyers work closely with clients and their insurers to develop tailored, efficient defense strategies.

Our class action lawyers have successfully represented Fortune 500 companies, financial institutions, manufacturers, small businesses, lenders, and debt buyers in class actions nationwide in both federal and state courts. The firm has a broad array of experience defending class actions in areas such as consumer finance and banking, consumer fraud and protection, RICO claims, defective product and manufacturing, and toxic tort/environmental, among others. 

Years of experience in class action matters enables our lawyers to quickly and accurately assess the merits of a class action and create a strong defense that protects clients from unnecessary litigation expenses and recurrent filings. We have obtained dismissals of class action claims through motions to dismiss and successfully defeated class certification motions. When it comes to discovery, our lawyers work to substantially limit discovery at early stages in the litigation to minimize client expense and efficiently navigate through large electronic discovery issues. When necessary and appropriate, Swanson, Martin & Bell, LLP lawyers have achieved substantial victories for clients through the skillful negotiation of favorable settlements.

Our lawyers are able to achieve quick resolutions on behalf of clients to avoid protracted and expensive litigation. The firm’s national reputation and trial record offers peace of mind when a corporation’s most valuable assets – its reputation and integrity – are at stake. 

Consumer Protection and Consumer Fraud: The fee-shifting nature of consumer disputes has created a cottage industry in the plaintiff’s bar.  In response, Swanson, Martin & Bell, LLP has developed a reputation as a “go-to” firm for defending companies in class actions involving consumer protection issues. We have extensive experience defending companies in actions involving state consumer fraud acts, as well as the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA) and the Telephone Consumer Protection Act (TCPA).

Our firm is a recognized leader and innovator in the defense of single plaintiff consumer protection litigation and class actions. Our attorneys have successfully defended thousands of breach of warranty actions on behalf of the automotive industry and have defended countless FDCPA, TCPA, and FCRA individual and class action lawsuits.

Consumer Finance/Banking: 
Swanson, Martin & Bell, LLP has represented lenders in class actions asserting violations of the Truth In Lending Act (TILA), Regulation Z of TILA, the Electronic Funds Transfer Act, the Illinois Consumer Installment Loan Act, the Illinois Payday Loan Act and related state lending statutes. We have also defended securities class actions, successfully resolving class actions involving commodities fraud.  In the consumer finance and banking class actions, the firm has obtained several dismissals of the underlying claims, resulting in favorable settlements for our client for less than the cost of defending the case.

Toxic Tort/Environmental: Swanson, Martin & Bell, LLP’s attorneys regularly defend clients in class actions involving allegations of chemical exposure, lead exposure, gas leaks, chemical spills and ground water contamination. Our attorneys have defended toxic tort/environmental class actions based on state and federal laws, state consumer fraud and unfair trade practices statutes, as well as common law claims of negligence, strict liability, nuisance and trespass.

Product Liability: Swanson, Martin & Bell, LLP’s attorneys represent a number of manufacturers, distributors and resellers against claims for breach of warranty, false advertising, strict liability, negligence and fraud stemming from the manufacture and/or sale of products alleged to be defective. Swanson, Martin & Bell, LLP’s attorneys have handled class actions involving firearms, lead paint, pressure treated wood, automobiles, and aircraft, among other products.


News

Chicago, October 19, 2017
SMB Attorneys Win Partial Summary Judgment in TCPA Class Action Lawsuit
The decision is one of the only in the country in which a court enforced the retroactive FCC waiver as a matter of law to dispose of a plaintiff’s TCPA claims based on improper opt-out notices.

Chicago, Indiana, October 6, 2017
Swanson, Martin & Bell, LLP Opens Indiana Office
The trial firm, which celebrates 25 years in business in 2017, already boasts more than 130 attorneys between its downtown Chicago headquarters and its other offices in Illinois and Missouri.

Chicago, October 2, 2017
Swanson, Martin & Bell, LLP Celebrates 25th Anniversary, Continued Growth
In recognition of its 25th anniversary year, Swanson, Martin & Bell, LLP has made a monthly donation to a non-profit with whom the firm has a strong relationship.

Chicago, August 23, 2017
Swanson, Martin & Bell, LLP Attorneys Named to 2018 Best Lawyers List
Recognition by Best Lawyers is based entirely on peer review.

Chicago, Lisle, January, 5, 2017
Swanson, Martin & Bell, LLP Names Three New Partners
Sullivan practices in Swanson, Martin & Bell, LLP’s Lisle office, while Lothson and Wahl practice in the firm’s Chicago office.

Chicago, St. Louis, Madison County, January, 4, 2017
Report Names Illinois, Missouri Courts as “Judicial Hellholes”
The report said courts in Illinois and Missouri are among the nation’s “most unfair” in their handling of civil litigation.

Chicago, August 17, 2015
Three Swanson, Martin & Bell, LLP Attorneys Named to Best Lawyers
Partner Dale Wills was also named the Product Liability Attorney of the Year.

Chicago, August 4, 2015
McCaskey Named to DRI Young Lawyers Steering Committee
He will serve in the role for 2015-2016.


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Chicago, July 23, 2015
Drumke Caps TIPS Chairmanship With ABA Annual Conference, Awards Ceremonies
With over 25,000 members and 32 general committees, TIPS is one of the ABA’s largest sections.

Chicago, May 18. 2015
ABA TIPS Chair Drumke Offers "View From the Chair"
Drumke writes about the return he has received on his involvement with TIPS for the past 20 years.

Chicago, May 5, 2015
McCaskey Elected to Board of Directors for Non-Resident Lawyer Division of State Bar of Wisconsin
The Nonresident Lawyers Division provides nonresident members opportunities for participation in the governance of the State Bar.

Chicago, January 13, 2015
Becker, Weiler Win Appeal before the Illinois Second District Appellate Court
The win affirmed a summary judgment on behalf of their client, a national homebuilder in a large homeowner class action.

Chicago, November 5, 2014
Sheean, Keating Defeat Plaintiffs’ Motion for Class Certification in SkinnyGirl Margarita Case
The lawsuit alleged that SkinnyGirl Margarita was mislabeled as "all natural."

Chicago, October 9, 2014
Drumke Tells TortSource About "When I Was a Young Lawyer"
Drumke answers questions about his career and offers advice for new lawyers in the Summer 2014 issue of TortSource.

Chicago, August 21, 2014
Three Swanson, Martin & Bell, LLP Attorneys Named to Best Lawyers
Drumke, Martin and Wills were named to Best Lawyers in various practice areas.

Chicago, August 13, 2014
Drumke Elected Chair of ABA Tort Trial and Insurance Practice Section
TIPS unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system in one of the ABA’s largest sections.

Chicago, October 30, 2013
Drumke Speaks at DRI Asbestos Medicine Seminar
Drumke will address "Defending the Rest—Basics on Lung Cancer, Other Cancers, and Asbestosis: Review of the B-Read and Pulmonary Function Testing."

Chicago, August 13, 2013
Drumke Named Chair-Elect of ABA Tort Trial and Insurance Practice Section
With over 25,000 members and 32 general committees, TIPS unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system in one of the ABA’s largest sections.

Chicago, July 23, 2013
Sheean Named Vice Chair of DRI Commercial Litigation Committee
Sheean's one year term as Vice Chair is effective immediately.

Chicago, July 9, 2013
Seven Lateral Attorneys Join Swanson, Martin & Bell, LLP
Four partners and three associates have recently joined the firm's Chicago office.

Chicago, September 12, 2012
Sheean Addresses Trade Secrets and Noncompete Agreements in Webcast
The webcast is presented by DRI's Commercial Litigation Committee.

Chicago, August 6, 2012
Swanson, Martin & Bell, LLP’s Drumke Elected Vice Chair of ABA Tort Trial and Insurance Practice Section
Drumke's term commences a three-year leadership track as an ABA Section Officer.

Chicago, March 19, 2012
Toxic Tort Team, Former Patent Examiner Join Swanson, Martin & Bell, LLP
Swanson, Martin & Bell, LLP welcomes four lateral attorneys to its Chicago office.

Chicago, April 28, 2011
McGovern to Chair Admiralty, Maritime and Transportation Practice Group
Swanson, Martin & Bell, LLP announces the arrival of Timothy S. McGovern to the firm.

Chicago, February 24, 2011
Sheean Authors Blog Posting for Defense Research Institute
Swanson, Martin & Bell, LLP Partner Christopher T. Sheean recently authored a blog posting for the Defense Research Institute (DRI) blog, DRI Today.

Chicago, February 15, 2011
Sheean Quoted in Chicago Tribune Article on Motorola Lawsuit
Swanson, Martin & Bell, LLP Partner Christopher T. Sheean was quoted in an article in today’s Chicago Tribune titled, “Motorola Solutions heads to federal court; restraining order at issue.”


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