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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:

Current Matters

Pollard v. Remington Arms Co., Case No. 4:13-cv-00086 (Western District of Missouri). 

In re: Depuy Orthopaedics, Inc., Pinnacle Hip Implants Products Liability Litigation, MDL No. 2244 (Northern District of Texas): The Honorable Ed Kinkeade, from the Northern District of Texas appointed John R. Climaco one of the members of Plaintiff’s Steering Committee.

In re: POM Wonderful, LLC Marketing and Sales Practices Litigation, MDL No. 2199 (Central District of California): John R. Climaco is a member of the Plaintiffs' Steering Committee.

In Re: ACTOS (Pioglitazone) Products Liability Litigation, MDL No. 2299 (United States District Court, Western District of Louisiana):

In re: Dial Complete Marketing and Sales Litigation, MDL No. 2263 (District of New Hampshire): John A. Peca is a member of the Plaintiffs' Steering Committee.

In re: Pradaxa (Dabigatran Etexilate) Products Liability Litigation, MDL No. 2385 (Southern District of Illinois).

 

Past Successes

Cliffs Natural Resources, Inc. Shareholder Litigation ($84 Million Settlement)

Department of the Treasury of the State of New Jersey and Its Division of Investment v. Cliffs Natural Resources, inc., et al., Case No. 1:14-cv-01031 (Northern District of Ohio), Honorable Dan Polster. Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA was court-appointed Liaison Counsel. The securities litigation resulted in a $84 million settlement.

 

Kaba Simplex Locks Marking and Sales Litigation 

In re: Kaba Simplex Locks Marketing and Sales Litigation, MDL No. 2220 (Northern District of Ohio, Eastern Division). Honorable Donald C. Nugent.  John R. Climaco was appointed as Co-Lead and Liaison Counsel.  The matter settled with the defendant company ageeing to certain repair and replacement of defective lock products. 

 

Oral Sodium Phosphate Solution-Based Products Liability Litigation

John R. Climaco acted as Liaison Counsel in In re: Oral Sodium Phosphate Solution-Based Products Liability Litigation, MDL No. 2066 (Northern District of Ohio, Eastern Division) which resulted in a substantial confidential settlement on behalf of hundreds of individual claimants. 

 

In Re: OM Group Securities Litigation ($92.4 Million Settlement)

In Re: OM Group Securities Litigation, Case No. 02 CV-2163 (Northern District of Ohio), Honorable Donald C. Nugent. Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA was court-appointed Co-Lead Counsel. The securities litigation resulted in a $92.4 million settlement.

 

In Re: Scottish Re Group Securities Litigation ($37.5 Million Settlement)

In Re: Scottish Re Group Securities Litigation, Master File No. 06 CV05853 (Southern District of New York).  Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA was appointed as additional Co-Counsel for the court-appointed Lead Plaintiff, the State Teachers' Retirement System of Ohio. This matter settled for $37.5 million

 

The Dannon Company’s Activia® & DanActive® Yogurt ($35 Million Settlement) 

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 Climaco, Wilcox, Peca, Tarantino & Garofoli Co., LPA involving Dannon's Activia® and DanActive® yogurt products. The lawsuit alleged 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.

 

$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 Firm and the other 50 Castano Law Firms received the “Breath of Life Award” from the American Lung Association for their work.

John R. 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 R. Climaco 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 Settlement) 

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 the multidistrict litigation captioned as: In Re: Baycol Litigation Products, MDL 1431 (U.S. District Court of Minnesota)

 

In Re: Air Disaster at New York LaGuardia Airport on March 22, 1992 (Multi-Million Dollar Plaintiff Verdicts) 

On March 22, 1992, John R. Climaco was appointed by Thomas J. Lambros, former Chief Judge of the United States District Court, Northern District of Ohio as a member of the Plaintiffs’ Steering Committee and Lead Trial Counsel in a case against USAir arising out of the crash of Flight 405 at LaGuardia Airport in March, 1992. In Re: Air Disaster at New York LaGuardia Airport on March 22, 1992, MDL 936, Northern District of Ohio resulted in multi-million dollar individual plaintiff verdicts. 

 

In Re: Inter-Op Hip Prosthesis Liability Litigation ($3.2 Billion Settlement) 

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

 

Diebold ERISA Litigation ($4.5 Million Settlement)

In Re: Diebold ERISA Litigation, Case No. 06 CV-170 (Northern District of Ohio). The Firm was court-appointed Liaison Counsel. The matter settled for $4.5 million.

 

Vioxx® Products Liability Litigation (Settlement)

In re: Vioxx® Products Liability Litigation, MDL No. 1657 (United States District Court, Eastern District of Louisiana).

 

Nationwide AT&T DSL Speed Litigation (Settlement)

Robert Schmidt, et al. v. AT&T, Cuyahoga County Court of Common Pleas, Case No.  CV-09-688788, Judge John P. O’Donnell of the Cuyahoga County Court of Common Pleas in Cleveland, Ohio granted final approval to a nationwide class action settlement that will resolve lawsuits filed in Ohio and Missouri stating allegations against AT&T Internet Services (formerly SBC Internet Services) relating to AT&T’s DSL speed.

 

In Re: Inphonic, Inc. Wireless Phone Rebate Litigation (Settlement)

In Re: Inphonic, Inc. Wireless Phone Rebate Litigation, MDL Docket No. 1792 (D.D.C.), District of Columbia, Case No. 06-528: John R. Climaco was Co-Lead and Liaison Counsel in the case. Following Inphonic filing for bankruptcy, a settlement was negotiated.