Holland & Hart has substantial experience in state and nationwide class action litigation. We have successfully defeated class certification in multiple state and federal jurisdictions, involving numerous different types of claims.

Pharmaceutical Litigation
Holland & Hart has served as national counsel for a distributor of generic phentermine in over 2,000 lawsuits, some of which are class actions. Holland & Hart managed this nationwide litigation filed by plaintiffs who took diet drugs.

Holland & Hart has also defended diet drug liability cases for another major pharmaceutical company on a regional basis in coordination with other national counsel. In that regard, Holland & Hart has managed and actively conducted discovery in over 2,200 cases.

Holland & Hart defended a leading chemical company in a consumer fraud class action relating to its subsidiaries' marketing of a thyroid drug. We removed the case to federal court, and successfully sought to have the case transferred to another federal district court with pending multidistrict litigation on the same issues.

Insurance Class Actions
Holland & Hart successfully defended a Fortune 100 insurance corporation in a class action brought on behalf of Colorado residents who had been in an auto accident with one of our client's insured. The plaintiffs alleged common law contract, fraud and statutory consumer protection act violations, seeking class damages in excess of $1 billion. Plaintiffs also sought wide ranging injunctive relief to prohibit our client from utilizing key aspects of its claims handling procedures. After hearing evidence presented at a 2-day class certification hearing, the Jefferson County trial court denied class certification. Our successful representation has been used as the model in similar class actions claims across the country.

Holland & Hart also handled a purported class action brought on behalf of Colorado residents whose coverage had been denied after they failed to timely pay their premium. We negotiated a settlement of the individual claims, and persuaded plaintiffs to drop their class claims.

Employment Class Action Litigation
Holland & Hart has represented or is currently representing several corporations in class actions alleging sex, age, and race discrimination, such as a major oil company, international package delivery company, a credit card company, a leading home mortgage company, and a premier national bank. In the oil company case, Holland & Hart successfully defeated class certification of a potential 4000-member, $750 million class, covering 355 companies and 700 locations. Holland & Hart vigorously and successfully opposed any class discovery and the plaintiff's attempt to depose our client's CEO. Indeed, we obtained an order requiring the plaintiff's counsel to pay our client's legal fees related to seeking a protective order.

We also have defended a variety of Fair Labor Standards Act claims against Albertson's and the nation's third largest tobacco company, and have defended ADA claims brought by the Cross-Disability Coalition against Taco Bell.Holland and Hart is currently representing several prominent providers of health insurance benefit plans in class actions brought under ERISA.

Federal Securities Fraud Litigation
Holland & Hart has substantial experience defending shareholder and class action litigation on behalf of Colorado corporations and Fortune 500 companies and their officers and directors in state and federal courts. Holland & Hart acted as counsel to one of the nation's largest operator of bagel bakeries and its officers and directors in consolidated class actions filed in federal court in Denver. We successfully negotiated a settlement using D&O insurance funds.

Holland & Hart has defended securities class actions in state and federal court on behalf of numerous other companies, including a large membership warehouse, a manufacturing and distribution company, a premier outdoor sporting goods supplier, a computing platforms company, a media and marketing company, a leading stockbroker and investment bank, a multi-state financial services company, an American stock brokerage and asset management firm, and a global, full-service financial firm.

Shareholder Derivative Claims
Holland & Hart has represented companies and their directors in many shareholder derivative actions in state court. Holland & Hart represented an acquiring software company in shareholder derivative class suits brought by shareholders of the target. We also represented one of the nation's leading provider of entertainment, information and communications products and services and its directors in class action suits filed by shareholders of a large cable television operator who objected to the terms of an exchange offer by our client.

PIP Claims
Holland & Hart has defended several health insurers in a class actions brought by health insurance plan participants who seek to receive payment for medical expenses that previously were paid by auto insurers under PIP ("personal injury protection) no-fault coverage. The Plaintiffs alleged that the health insurers violated certain statutory requirements concerning coordination of benefits provisions, and that therefore the insurers were not allowed to coordinate benefits with auto no-fault coverage. Plaintiffs brought claims under ERISA and certain relevant state laws plaintiffs' claimed are saved from ERISA preemption.

Insurance and Financial Service Agents
Holland & Hart has been lead counsel for a full-service, multi-line provider of insurance and financial services in a nationwide class action filed in Kansas by former agents seeking to be paid commissions after their termination. The proposed class would include about 10,000 agents. Our attorneys defeated class certification and won summary judgment on the merits, after which the case was settled. We also succeeded in having the same case dismissed in Wyoming for lack of subject matter jurisdiction. Our Wyoming office has also defended a national department store in a nationwide class action filed by former sales associates, seeking additional commission income. This case was settled through the bankruptcy court in Delaware.

Oil and Gas Royalties
Holland & Hart has defended numerous oil and gas producers in royalty class action cases. We have represented producers in class action cases filed by royalty owners based on the Colorado Supreme Court's decision in Rogers v. Westerman Farms, Inc. These cases involve a wide range of gas marketing, gas measurement, royalty valuation, and royalty accounting issues. In one particular case, Holland & Hart successfully asserted statute of limitations defenses against the named plaintiff, and the trial court's ruling was ultimately affirmed by the Colorado Supreme Court.

Likewise, in New Mexico, Holland & Hart has defended numerous producers in royalty class action cases, with multiple victories. In one case filed in federal court, a class was certified, then Holland & Hart successfully moved for summary judgment on the merits. The case was appealed, and the Tenth Circuit affirmed summary judgment against the named plaintiff and decertified the class.

With assistance of local counsel, Holland & Hart is representing several related defendants in a purported nationwide class action filed in Kansas
state court and successfully removed to federal court in Wichita. The action purports to be on behalf of all gas sellers, royalty owners, and state taxing authorities and is filed against approximately 237 defendants. The complaint alleges an industry conspiracy to adopt and use gas sampling and measurement standards which allegedly understate the volume and value of gas over a 25-year period.

Environmental Litigation
Holland & Hart has represented clients in class litigation involving environmental issues. We currently represent an oil company defendant in an environmental contamination case filed in Colorado state court involving 69 miles of a former crude oil pipeline. We previously represented an oil company in a toxic tort case where plaintiffs sought certification of a class for property damages, personal injury damages, and medical monitoring.