Diamond McCarthy regularly prosecutes and tries class action matters throughout the United States. For example, we represented a class of public bondholders in litigation arising out of the bankruptcy proceedings in New York and Toronto of Livent, Inc., one of the largest producers of Broadway shows in the world. Damages in that case topped $125 million. We also represented a class of more than 1,000 investors in litigation in San Antonio, Texas arising out of the InverWorld bankruptcy proceedings in Texas, Grand Cayman, and London. To date, we have recovered tens of millions of dollars in those cases.

Currently, we are counsel for the City of San Antonio and a putative class of Texas cities in litigation involving the alleged failure of on-line hotel booking companies to properly pay hotel taxes. We also have advised a variety of other cities across the U.S., who also are seeking to recover lost hotel tax revenue from on-line hotel booking companies that pay tax only on the net price of the room rather than the price the customer actually pays.

We obtained class certification on behalf of a class of thousands of persons that contracted with Aaron Federal Bonding Company and two sureties for the posting of immigration bonds. We also obtained certification of a class of immigrants released on bonds posted by the defendants. We successfully defeated the defendants’ 23(f) petition for interlocutory review of the district court’s class certification decision, summary judgment motions, and motion for decertification. The case settled on the eve of trial for $5.2 million and substantial equitable relief.

We presently represent a putative class of hospital patients who allegedly were subjected to improper liens filed by their hospital group. Among other things, the case concerns charges that the hospitals attempted to collect from their patients over and above amounts the hospitals had agreed to accept from their patients’ insurance provider as payment-in-full. In addition to an injunction to stop this allegedly deceptive practice, the class is seeking damages. The case is pending in Oklahoma.

We also have substantial experience in defending against class actions, especially in the financial and oil & gas sectors. Indeed, most of our attorneys who now prosecute class actions cut their teeth in the area on the other side of the fence. We are currently defending an appeal of a class action that was dismissed after we obtained a complete defense verdict for our client Omni Financial Corporation after a two-week trial in California State Court. We also are defending oil & gas royalty class actions in Texas and in Michigan.

Other practice areas:

U.S. Business & Commercial Trial
Insolvency, Professional Liability & Ponzi Scheme Investigations & Trial
Complex Bankruptcies, Reorganizations & Work-Outs
International Litigation and Arbitration
Oil & Gas Litigation
Alternative Dispute Resolution
Appeals
Class Actions