Class Action

We have the lawyers, support staff and capacity to effectively handle prosecuting and leading large and challenging class action lawsuits.

Whether independently or in combination with other top law firms around the country, we have the resources to bring considerable experience and talent together to achieve results for each of our clients against powerful national and international defendants.

Our firm has been involved in various class action cases and multi-district litigation including defective pharmaceutical and medical device claims, consumer fraud claims, securities fraud and shareholder rights claims, tobacco litigation and airline disasters.

Below is a list of matters we are current prosecuting or investigation as well as a list of some of our past successes we have obtained for our clients in class action and MDL matters:

For a complete list of matters we are currently investigating please visit www.ohioconsumeralert.com. 

Current Matters

In re: Kaba Simplex Locks Marketing and Sales Litigation, MDL No. 2220 (Northern District of Ohio, Eastern Division)

In re: POM Wonderful, LLC Marketing and Sales Practices Litigation, MDL No. 2199 (Central District of California)

In re: Reebok Easytone Litigation, Case No. 4:10-CV-11977 (District of Massachusetts)

In re: Dial Complete Marketing and Sales Litigation, MDL No. 2263 (District of New Hampshire)

In re: Navistar 6.0L Diesel Engine Products Liability Litigation, MDL No. 2223 (Northern District of Illinois, Eastern Division)

In re: Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, MDL No. 2284 (Eastern District of Pennsylvania)

In re: Fosamax (Alendronate Sodium) Products Liability Litigation, MDL No. 2243 (District of New Jersey)

In re: Depuy Orthopaedics, Inc., Pinnacle Hip Implants Products Liability Litigation, MDL No. 2244 (Northern District of Texas)

General Mills/Yoplait Yogurt Litigation, Case No. 1:10-CV-00060 (Northern District of Ohio, Eastern Division)

Bayer One-A-Day Vitamins Litigation, Case No. 1:10-CV-00224 (Northern District of Ohio, Eastern Division)

Gentek Building Products Litigation, Case No. 1:11-CV-02719 (Northern District of Ohio)

Chevrolet Impala Litigation, Adversary Proceeding No. 11-09409 (U.S. Bankruptcy Court for the Southern District of New York)

In re: Bayer Healthcare, LLC and Merial Limited Flea Control Products Marketing and Sales Litigation, MDL No. 2319

In re: Colgate-Palmolive Softsoap Antibacterial Hand Soap Marketing and Sales Practices Litigation, MDL No. 2320

In re: MI Windows and Doors, Inc. Products Liability Litigation, MDL No. 2333

In re: Actos Products Liability Litigation, MDL No. 2299

In re: Propecia Products Liability Litigation, MDL No. 2331

In re: Carrier IQ, Inc. Consumer Privacy Litigation, MDL No. 2330

Past Successes

Oral Sodium Phosphate Solution-Based Products Liability Litigation (Settlement)
John R. Climaco and Dawn M. Chmielewski recently acted as Liaison Counsel in Multi District Litigation Case 2066 In re: Oral Sodium Phosphate Solution-Based Products Liability Litigation, which resulted in settlement.

OM Group Securities Litigation ($92.4 million settlement)
In Re: OM Group Securities Litigation, Case No. 02 CV-2163 (USDC N.D. Ohio, Honorable Donald C. Nugent). CLPW&G was court-appointed Co-lead Counsel which resulted in a $92.4 Million Settlement

Scottish Re Group Securities Litigation ($37.5 million settlement)
In Re: Scottish Re Group Securities Litigation, Master File No. 06 CV05853 (USDC S.D. New York) CLPW&G was appointed as additional co-counsel for the court-appointed lead plaintiff, the State Teachers' Retirement System of Ohio. This matter recently settled for $37.5 million

The Dannon Company’s Activia® & DanActive® yogurt ($35 million settlement fund)
On June 24, 2010, the United States District Court for the Northern District of Ohio approved a settlement in a class action lawsuit pursued by the Climaco Firm involving Dannon's Activia® and DanActive® yogurt products. The lawsuit alleges that Dannon falsely advertised the health benefits of its "probiotic" yogurt and dairy products. Activia® was sold nationwide beginning in February 2006. DanActive® was sold nationwide beginning in January 2007.

Under the settlement, Dannon will create a $35 million fund, and possibly more, to provide cash refunds to Class Members who timely submit a valid Claim Form. In order to receive a cash refund, you must submit a Claim Form. If you have any questions regarding the settlement or to obtain a Claim Form you can call toll free 1-888-418-6122 or visit www.DannonSettlement.com.

$196 Billion Dollar Class Action Settlement Against the Tobacco Industry
From 1994 to date, John R. Climaco has been a member of the Castano Plaintiff’s Legal Committee serving as acting Chairman of the PLC and Co-Chairman of various committees, including the Discovery, Trial and Fee Committees. In 1994, the Castano class action was the first class action litigation filed against the tobacco industry, which eventually resulted in the historic $196 Billion settlement with the tobacco industry. In 2000, the Climaco firm and the other 50 Castano law firms received the “Breath of Life Award” from the American Lung Association for their work.

John Climaco continues as a member of the Castano Discovery Team in Scott, et al. vs. The American Tobacco Company, Inc., et al., Class Action Claim No. 96-8461 in the Civil District Court of Louisiana, Parish of Orleans where a jury awarded and the Supreme Court of Louisiana affirmed all Louisiana smokers right to participate in a Tobacco Industry paid Smoking Cessation Programs.

John is co-counsel in the Coordination Proceeding Special Title (Rule 1550(b)) In Re: Tobacco Cases II in the Superior Court of the State of California for the County of San Diego, Case No. 711400. This matter alleges the cigarette manufacturers violated section 17200 of California’s Unfair Competition Laws (“UCL”). On May 18, 2009, the California Supreme Court reversed the court of appeals decertification of a class of California residents who smoked one or more cigarettes and were exposed to the cigarette manufacturers’ fraudulent marketing and advertising activities. On March 11, 2010, Judge Prager reinstated claims involving light cigarettes. Trial is scheduled in Spring, 2011. These recent precedent setting decisions have been widely reported as preserving the California UCL.

In Re: Baycol Litigation Products ($1.2 Billion in Settlements to date).
February 1, 2001, John R. Climaco was appointed a member of the Plaintiffs' Steering Committee and Co-Chairman of the Discovery and Trial Committees. In Re: Baycol Litigation Products, MDL 1431, U.S. District Court of Minnesota. ($1.2 Billion in Settlements to date).

In Re: Inter-Op Hip Prosthesis Liability Litigation ($3.2 Billion Settlement).
July 6, 2001, Judge Kathleen O'Malley appointed John as Co-Lead and Class Counsel in In Re: Inter-Op Hip Prosthesis Liability Litigation, MDL No. 1401, U.S. District Court, Northern District of Ohio, Eastern Division ($3.2 Billion Settlement).

Diebold ERISA Litigation ($4.5 million settlement)
In Re: Diebold ERISA Litigation, Case No. 06 CV 170 (USDC N.D. Ohio). The Climaco firm is court-appointed liaison Counsel. The matter recently settled for $4.5 million.