Achieved a major victory by defeating class certification in a significant class action filed against YellowPages.com. This result was preceded by procedural victories in terms of having separately-filed class actions transferred to the Southern District of New York, and was followed by a ruling by the Second Circuit denying interlocutory appellate review of the district court’s order denying class certification. The first of these cases, filed in New Jersey state court, was removed by YellowPages.com to the District of New Jersey. Two follow-on class actions were then filed against YellowPages.com in the Southern District of California. As for the New Jersey case, we persuaded the New Jersey federal district court to transfer the action to the Southern District of New York, enforcing a forum selection clause in the Terms and Conditions between YellowPages.com and its advertising customers. Kilpatrick Townsend was then able to persuade the Southern District of California to transfer the follow-on class actions to the Southern District of New York, on (among other grounds) the “interest of justice” element of the federal venue statute. Through such procedural moves, we were able to achieve an “MDL-like” consolidation of separate but related class action lawsuits filed in different federal district courts. On the class certification issue, the district court ruled that YellowPages.com's sales practices and its individual customers’ experiences were too varied to support class certification. The cases remain pending before the Southern District of New York. Kowalski v. YellowPages.com, No. 10 Civ. 7318 (PGG), 2012 WL 1097350 (S.D.N.Y. filed Mar. 31, 2012) (order denying class certification).

Experience Center

Match our Experience to Your Needs

Experience Highlights

ERISA class action involving Reynolds American Inc.

Represented R.J. Reynolds Tobacco Company (RJRT) successfully in Employee Retirement Security Act (“ERISA”) class action.
On February 18, more

Counsel for a large design/build/operate/maintain contractor
Represents a Fortune 100 design/build/operate/maintain contractor for a heavy rail mass transit system in the Caribbean. We more
Acquisition for a premiere global private equity firm
Represented a premiere global private equity firm in connection with its acquisition of a Swedish company. more
Bankruptcy case for one of the largest bank holding companies located in Georgia
Assisted one of the largest bank holding companies located in Georgia as the secured party lender in recovery of multiple properties that served as more