Class Action Litigation

Todd & Weld both prosecutes and defends class actions in state and federal courts.  Because of the diversity of the firm’s business litigation and tort practice, the versatility acquired through litigating all aspects of cases from inception through trial, and the skill and willingness to try those matters that cannot be fairly settled, we are exceptionally well positioned in the class action bar. 

Two recent cases demonstrate the firm’s range.  Todd & Weld defended Subaru of New England Inc., the exclusive distributor of Subaru cars, parts, and accessories in New England, in a matter brought by Subaru dealers who contended that Subaru of New England’s accessorization practices violated state and federal dealer protection laws, the federal Racketeer Influenced Corrupt Organization Act (RICO), and federal anti-trust laws.  The United States District Court for the District of New Hampshire dismissed the complaint on Subaru of New England’s summary judgment motion. 

On the other end of the spectrum, we represented several thousand New England homeowners against Goodyear Tire & Rubber Company to recover for property damages arising from a defective hose used for home heating.  The hose, which was imbedded in floors and ceilings and used for hydronic heating and snow melting, hardens, cracks, and leaks.  Todd & Weld was instrumental in orchestrating a $320 million national class settlement with Goodyear – the largest class action settlement in 2004 in the country.