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Past Successes
We wish we could tell you about all our clients’ successes, but many of them are confidential.
Over the past decades, Zimmerman Reed has represented plaintiffs in hundreds of major complex and class action cases. During that time, we have had the privilege of representing tens of thousands of clients. Some of those cases made headlines. Other results had to be kept confidential. Some cases we worked on resulted in hundreds of millions – or even billions – in recovery. More often, recoveries were more modest. But what was most meaningful to us about every one of those cases, and the yardstick by which we measure our success, is that we took on the right fight and we did well by our clients. As a firm, it’s a privilege to stand with each of our clients in taking on these challenges. We’d like to share some of the highlights we have had along the way:
Juul / Altria Litigation
Represented the State of Minnesota, along with co-counsel at Robins Kaplan, in litigation and at trial, against e-cigarette manufacturers, JUUL and Altria, for deceptively marketing their vaping products and targeting Minnesota’s youth. This case achieved a $60.5 M settlement.
Opioids: AG Litigation
Representing the States of Indiana and Vermont with co-counsel, Cohen Milstein, in investigation of and litigation against entities who created and fueled the nation’s opioid crisis. The States’ litigation included claims against the Sackler family and pharmaceutical giant Purdue Pharma, Inc., the drug distributors, and pharmacies. The combined actions – and inactions – of these companies resulted in a medical, social, and economic crisis that has still not been eliminated. These cases, along with cases across the country, achieved a $26 billion settlement with Distributors and Johnson & Johnson. Cases against Purdue and the pharmacies continue.
Retired NFL Players’ Concussion Lawsuits
Zimmerman Reed represents hundreds of individual retired NFL players and worked with counsel across the country on an uncapped settlement that has already paid out more than $1 billion on behalf of more than 4,500 former NFL players. This settlement addressed—and continues to address—concussion-related lawsuits and funded compensation for concussion related brain diseases, medical testing and examinations, and medical research.
Dicamba Litigation
The Dicamba litigation was initiated by farmers against Bayer AG, formerly Monsanto Company. The farmers alleged that the company’s herbicide improperly drifted from where it was applied and damaged neighboring fields, harming vulnerable crops, including soybeans. Zimmerman Reed represented farmers across various states and ZR partners were appointed to the Plaintiffs’ Executive Committee in the litigation and helped negotiate the settlement. Under the settlement’s terms, Bayer agreed to pay up to $400 million to resolve eligible farmer’s crop damage claims for the 2015 through 2020 growing seasons.
Target Data Breach
Zimmerman Reed was appointed Lead Counsel on behalf of banks and credit unions in this landmark data breach action. The case was filed following a massive data breach that compromised 40 million credit and debit cards and the personal information of 110 million consumers. The class-action sought to hold Target responsible for the costs that payment card issuers incurred because of the data breach, including reimbursement of fraudulent charges and reissuance of new credit and debit cards. The case was one of the first certified classes in a data breach action and, ultimately, achieved a $59.4 million settlement.
Gender Pay Gap Cases
Representing women and their right to fair pay and working towards eliminating gender-based wage discrimination. Certain laws are in place requiring that men and women earn equally for the same or substantially similar work – and not biased based on gender. This extends beyond wage rates to include bonuses and other benefits.
Stryker Hip Replacements
Represented patients implanted with certain Stryker hip replacement components that were recalled due to an increased risk of fretting and corrosion, a condition that forced many patients to undergo revision surgery. Zimmerman Reed partners were appointed by the federal judge to the Lead Counsel Committee. The case resolved successfully, resulting in more than $2 billion being directed to patients injured by the recalled devices.
Navient Student Lending
Represented the Mississippi Attorney General in litigation against Navient and Sallie Mae Bank, alleging that the companies had engaged in deceptive and unfair lending practices in their origination and servicing of student loans directed at the State’s student loan borrowers. Those practices had created overwhelming burdens for young students and barriers to their future success. The litigation recovered millions in restitution and private debt relief for the students.
FedEx Ground Package System
The firm was retained by several FedEx drivers who raised concerns that FedEx was misclassifying their work status, depriving them of the benefits mandated for workers in their position. Ultimately, Zimmerman Reed represented hundreds of drivers across various states and successfully challenged FedEx’s practices – under federal and state wage and hour laws – of labeling certain workers as independent contractors to avoid having to pay employee benefits. As a result of the litigation, the drivers obtained meaningful recoveries and reimbursement for the losses caused by the misclassification.
Sonic Data Breach
Appointed co-lead counsel on behalf of financial institutions in recovering losses caused by the data breach. The litigation stems from a breach in which hackers used malware to access customers’ payment card data through the point-of-sale system used at hundreds of Sonic’s franchise locations.
Gig Economy Cases
We represent rideshare drivers in individual arbitrations alleging misclassification of drivers as “independent contractors” to avoid paying certain expenses (such as insurance, gas, and maintenance costs of their vehicle), improper wage deductions, and damages as a result of misrepresentation and unfair business practices.
Imprelis
A settlement was reached on behalf of a class of homeowners, golf course companies, and other property owners in a lawsuit against E.I. du Pont de Nemours & Company after their herbicide product, Imprelis, caused mature trees to die across the country following lawn application.
Retired NFL Players’ Publicity Lawsuit
Zimmerman Reed represented retired NFL players who were challenging the NFL’s use of their images for profit and refusing to allow the retired players to benefit from the value they brought. A historic settlement was achieved to resolve the players’ class action. The settlement creates a licensing agency that would, for the first time, market the group rights of retired players and help retired players establish commercial opportunities. The federal judge in that case, Judge Paul Magnuson, called the settlement, “truly one-of-a-kind, and a remarkable victory for the class as a whole,” and “a boon to those thousands upon thousands of former NFL players who can now reap the collective benefit of a large financial payout to a fund organized solely for their benefit.”
TCPA Litigation
Led the legal teams that secured settlements totaling $26.5 million in Telephone Consumer Protection Act (TCPA) cases.
Whistleblower Lawsuits
The firm is currently actively representing many whistleblower lawsuits in courts across the country, at different points in the litigation. Due to the confidentiality of these cases, we cannot share more information.
Merrill Lynch & Co., Inc. Securities, Derivative and ERISA Litigation
Worked with co-counsel at Cohen Milstein, representing current and former Merrill Lynch employees who filed a case against Merrill Lynch under the Employee Retirement Income Security Act (ERISA). The employees alleged that the investment losses they experienced in their 401ks were the result of the company improperly placing 401k investments in company stock. The employees were able to achieve a $75 million settlement.
9-0 Supreme Court Win
The United States Supreme Court unanimously ruled in favor of the State of Mississippi in an antitrust lawsuit against manufacturers alleged to have conspired in a massive scheme to fix prices of LCD monitors. The ruling affirms attorneys generals’ right to enforce their states’ laws on behalf of their citizens in their own state courts. Zimmerman Reed represented the State in this lawsuit.
Wells Fargo Securities Lending Cases
Represented a pension fund and more than 60 other funds/investors. The fund–and a certified class–sought to recover investment losses caused by Wells Fargo’s misrepresentations about its securities lending program and its mismanagement of the program that put investors’ money into high-risk funds, in violation of the program’s policies. Working with co-counsel at Miller Law Firm and Glancy Binkow, achieved one of the largest recoveries in a securities lending case stemming from the 2008 financial crisis. A $62.5 million settlement was reached, two days before trial.
Retired NHL Players’ Concussion Lawsuits
Successfully represented former NHL players who alleged the National Hockey League was negligent in dealing with concussions and head injuries causing players to suffer serious brain injuries, including chronic traumatic encephalopathy (CTE).
Deutsche Bank
Worked with Robbins Geller Rudman & Dowd, representing a large corporation in an action against Deutsche Bank AG, alleging fraud, aiding and abetting, and negligent misrepresentation in connection with the sale of mortgage-backed securities and collateralized debt obligations. The parties successfully resolved all of the claims relating to this action.
MTBE Water Contamination
Represented various cities, towns, school districts, and other municipalities in the MTBE Water Contamination Litigation, to address contaminants in their water supplies. The entities were able to recover damages caused by contaminated groundwater including the costs of removing MTBE and benzene from drinking water supplies
National Computer Systems
Zimmerman Reed filed a lawsuit against National Computer Systems who had incorrectly scored standardized tests resulting in 7,997 students being told they failed the math section of their Basic Standards Test. Just days before trial, the case settled for more than $12 million.
Ovation Pharmaceuticals
The parties reached a settlement in June 2011 on behalf of hospitals, pharmacies and healthcare organizations who directly purchased Indocin or NeoProfen from Defendant Ovation Pharmaceuticals, Inc. and/or Lundbeck, Inc.
Pilot Flying J
A settlement was reached in a lawsuit regarding whether or not Pilot Flying J diesel truck stops were issuing proper payment to individuals and businesses participating in the company’s fuel rebate and discount program. The settlement guarantees compensation of unpaid rebates and discounts from the class period as well as an additional 6% interest per year that the Principal rebate was unpaid for all eligible class members.
St. Jude Medical, Inc. Securities Fraud
Investors filed a class action lawsuit against St. Jude Medical, Inc. alleging violations of the Securities Exchange Act of 1934. A $50 million settlement was approved.
Tobacco Litigation
Zimmerman Reed was a member of a consortium of 65 class action law firms from across the country – called the Castano Group– who filed the first class action against the tobacco industry. When that nation-wide case was decertified by the Fifth Circuit, the group filed a single state class action against the major cigarette companies. That case succeeded, resulting in a jury trial that lasted three years from jury selection to final verdict. The Group ultimately filed cases across the country, including in Minnesota, in efforts parallel with state attorneys general litigating in state court.
Citigroup Litigation
Worked with Robbins Geller Rudman & Dowd, representing a large corporation in an action against Citigroup Inc., alleging fraud and negligent misrepresentation in connection with the sale of mortgage-backed securities. The parties successfully resolved all of the claims relating to this action.
Medtronic
$95.6 million settlement on behalf of 2,682 patients who had faulty Medtronic heart defibrillators.
Minnesota Corn Processors
Farmer/shareholders achieved a $5.75 million settlement shortly before trial. The farmers brought breach of fiduciary claims against MCP officers related to their improper communications with competitor Archer Daniels Midland (ADM), and an ultimate sale of the company to ADM that included lavish golden parachute compensation packages for those officers.
Roundup Cancer Link
Representing people diagnosed with non-Hodgkin’s lymphoma after exposure to Roundup week killer. Plaintiffs were able to achieve an $11 billion recovery.
Unpaid Overtime
Class counsel securing combined settlements of $7.25 million in various class actions for employees not paid for time spent performing work before and after paid shifts.
Visa and MasterCard Interchange Fees
Represented the State of New Mexico in an action alleging that Visa and MasterCard violated state consumer protection and antitrust laws by engaging in deceptive conduct related to their debit and credit card fees.
In re Vitamins Antitrust Litigation
Zimmerman Reed represented both direct and indirect purchasers of vitamin products used for both human and animal consumption, including porcine vitamins. The lawsuit alleged a long running international conspiracy to fix, raise and maintain the inflated prices of certain bulk vitamins and vitamin products. The case settled for $225 million.
Zicam
$27 million settlement for clients who lost their sense of smell arising out of their use of the Zicam Cold Remedy Nasal Gel product.
Airport Noise
Zimmerman Reed represented homeowners whose property was within a certain distance of the MSP International Airport. The lawsuit, filed against the Metropolitan Airports Commission (“MAC”), alleged that MAC breached a promise to provide noise mitigation to certain homes surrounding the Minneapolis-St. Paul Intl. Airport after the decision was made to expand rather than build another location. Weeks before trial, a settlement was reached with the MAC and then with the Cities who were also seeking to enforce promises made, providing noise mitigation for more than 9,500 homes in the areas surrounding the International Airport.
Baycol
Co-Lead Counsel achieving a $1.15 billion settlement for 2,500 clients who had significant injury after taking the cholesterol lowering drug, Baycol.
Defended an attorney general’s office in a case brought by Google, challenging the legality and enforceability of the state’s Civil Investigative Demand issued by the attorney general.
Guidant & Medtronic Defibrillators
Negotiated a nationwide $240 million settlement for 8,500 patients after the Guidant heart defibrillator recall and a $95.6 million settlement on behalf of 2,682 patients who had faulty Medtronic heart defibrillators.
Home Depot Security Breach
Member of the Plaintiffs Steering Committee representing banks and credit unions in recovering losses caused by the data breach data breach where hackers accessed payment card data belonging to 40 million customers.
LCD Price Fixing
Represented the State of Mississippi, asserting consumer fraud and antitrust claims, and challenging the removability of a State’s case under the Class Action Fairness Act. Collaborated with a coalition of attorneys general offices as we navigated this highly contested litigation, including defending the case in state court, federal district court, the MDL court, the Fifth Circuit, and the U.S. Supreme Court.
Levaquin
Represented individuals who were prescribed Levaquin as an antibiotic and suffered serious side effects. The patients alleged that Johnson & Johnson failed to adequately warn that the powerful antibiotic could cause tendon ruptures.
Obtained a $1.8 million jury verdict for one of our clients who experienced an Achilles tendon rupture while on Levaquin.
Medtronic Inc Securities Fraud Litigation
Investors filed a lawsuit in Minnesota federal court against Medtronic, Inc. alleging violations of the Securities Exchange Act of 1934. A $43 million settlement was approved.
Metoprolol Succinate End-Payor Antitrust Litigation
In a suit against AstraZeneca over its heart drug Toprol-XL, Zimmerman Reed represented the National Joint Powers Alliance, a company that supplies goods and services to school districts, cities, counties, and other governmental agencies. It alleged that AstraZeneca’s manufacturing and marketing of Toprol-XL violated antitrust and deceptive trade practices laws, causing it to pay significantly higher prices for the drug. The case settled for $20 million.
Milner, et al. v. Farmers Insurance
$1.5 million settlement after a jury found that insurance claims adjusters in Minnesota had been misclassified as exempt from overtime.
Minot Train Derailment
On January 18, 2002, the largest release of anhydrous ammonia in U.S. history occurred when a Canadian Pacific Railway train derailed in Minot, North Dakota. Zimmerman Reed represented hundreds of individuals injured by the release and achieved a successful settlement in the matter. Separately, Zimmerman Reed took the case of two individuals to trial and obtained a $1.2 million jury verdict in Minneapolis, MN on behalf of those clients.
Morgan Keegan Lawsuit
Investors brought a series of lawsuits against the defendants, including Regions Financial, Regions Bank, Morgan Keegan & Company, Inc., Morgan Asset Management, and PricewaterhouseCoopers, Inc., alleging violations of federal securities laws, breach of fiduciary duty and other state law causes of action that resulted in three open-end mutual funds to tank in 2007. Regions Financial Corp. agreed to pay $125 million to end both a putative class action and shareholder derivative lawsuits.
TVM Litigation
Transvaginal mesh implants came under increased scrutiny by doctors and patients after the FDA reported that thousands of women may have been unnecessarily exposed to a significant risk of injuries related to these devices. Zimmerman Reed represented hundreds of women in this litigation and was able to successfully recover for their injuries and losses.
LCD Price Fixing
Represented the State of Mississippi, asserting consumer fraud and antitrust claims, and challenging the removability of a State’s case under the Class Action Fairness Act. Collaborated with a coalition of attorneys general offices as we navigated this highly contested litigation, including defending the case in state court, federal district court, the MDL court, the Fifth Circuit, and the U.S. Supreme Court.
In re Vitamins Antitrust Litigation
Zimmerman Reed represented both direct and indirect purchasers of vitamin products used for both human and animal consumption, including porcine vitamins. The lawsuit alleged a long running international conspiracy to fix, raise and maintain the inflated prices of certain bulk vitamins and vitamin products. The case settled for $225 million.
Metoprolol Succinate End-Payor Antitrust Litigation
In a suit against AstraZeneca over its heart drug Toprol-XL, Zimmerman Reed represented the National Joint Powers Alliance, a company that supplies goods and services to school districts, cities, counties, and other governmental agencies. It alleged that AstraZeneca’s manufacturing and marketing of Toprol-XL violated antitrust and deceptive trade practices laws, causing it to pay significantly higher prices for the drug. The case settled for $20 million.
Ovation Pharmaceuticals
The parties reached a settlement in June 2011 on behalf of hospitals, pharmacies and healthcare organizations who directly purchased Indocin or NeoProfen from Defendant Ovation Pharmaceuticals, Inc. and/or Lundbeck, Inc.
TCPA Litigation
Led the legal teams that secured settlements totaling $26.5 million in Telephone Consumer Protection Act (TCPA) cases.
National Computer Systems
Zimmerman Reed filed a lawsuit against National Computer Systems who had incorrectly scored standardized tests resulting in 7,997 students being told they failed the math section of their Basic Standards Test. Just days before trial, the case settled for more than $12 million.
Pilot Flying J
A settlement was reached in a lawsuit regarding whether or not Pilot Flying J diesel truck stops were issuing proper payment to individuals and businesses participating in the company’s fuel rebate and discount program. The settlement guarantees compensation of unpaid rebates and discounts from the class period as well as an additional 6% interest per year that the Principal rebate was unpaid for all eligible class members.
Tobacco Litigation
Zimmerman Reed was a member of a consortium of 65 class action law firms from across the country – called the Castano Group– who filed the first class action against the tobacco industry. When that nation-wide case was decertified by the Fifth Circuit, the group filed a single state class action against the major cigarette companies. That case succeeded, resulting in a jury trial that lasted three years from jury selection to final verdict. The Group ultimately filed cases across the country, including in Minnesota, in efforts parallel with state attorneys general litigating in state court.
Gig Economy Cases
We represent rideshare drivers in individual arbitrations alleging misclassification of drivers as “independent contractors” to avoid paying certain expenses (such as insurance, gas, and maintenance costs of their vehicle), improper wage deductions, and damages as a result of misrepresentation and unfair business practices.
Gender Pay Gap Cases
Representing women and their right to fair pay and working towards eliminating gender-based wage discrimination. Certain laws are in place requiring that men and women earn equally for the same or substantially similar work – and not biased based on gender. This extends beyond wage rates to include bonuses and other benefits.
Unpaid Overtime
Class counsel securing combined settlements of $7.25 million in various class actions for employees not paid for time spent performing work before and after paid shifts.
FedEx Ground Package System
The firm was retained by several FedEx drivers who raised concerns that FedEx was misclassifying their work status, depriving them of the benefits mandated for workers in their position. Ultimately, Zimmerman Reed represented hundreds of drivers across various states and successfully challenged FedEx’s practices – under federal and state wage and hour laws – of labeling certain workers as independent contractors to avoid having to pay employee benefits. As a result of the litigation, the drivers obtained meaningful recoveries and reimbursement for the losses caused by the misclassification.
Wells Fargo Securities Lending Cases
Represented a pension fund and more than 60 other funds/investors. The fund–and a certified class–sought to recover investment losses caused by Wells Fargo’s misrepresentations about its securities lending program and its mismanagement of the program that put investors’ money into high-risk funds, in violation of the program’s policies. Working with co-counsel at Miller Law Firm and Glancy Binkow, achieved one of the largest recoveries in a securities lending case stemming from the 2008 financial crisis. A $62.5 million settlement was reached, two days before trial.
Morgan Keegan Lawsuit
Investors brought a series of lawsuits against the defendants, including Regions Financial, Regions Bank, Morgan Keegan & Company, Inc., Morgan Asset Management, and PricewaterhouseCoopers, Inc., alleging violations of federal securities laws, breach of fiduciary duty and other state law causes of action that resulted in three open-end mutual funds to tank in 2007. Regions Financial Corp. agreed to pay $125 million to end both a putative class action and shareholder derivative lawsuits.
Merrill Lynch & Co., Inc. Securities, Derivative and ERISA Litigation
Worked with co-counsel at Cohen Milstein, representing current and former Merrill Lynch employees who filed a case against Merrill Lynch under the Employee Retirement Income Security Act (ERISA). The employees alleged that the investment losses they experienced in their 401ks were the result of the company improperly placing 401k investments in company stock. The employees were able to achieve a $75 million settlement.
Deutsche Bank
Worked with Robbins Geller Rudman & Dowd, representing a large corporation in an action against Deutsche Bank AG, alleging fraud, aiding and abetting, and negligent misrepresentation in connection with the sale of mortgage-backed securities and collateralized debt obligations. The parties successfully resolved all of the claims relating to this action.
Minnesota Corn Processors
Farmer/shareholders achieved a $5.75 million settlement shortly before trial. The farmers brought breach of fiduciary claims against MCP officers related to their improper communications with competitor Archer Daniels Midland (ADM), and an ultimate sale of the company to ADM that included lavish golden parachute compensation packages for those officers.
Medtronic Inc Securities Fraud Litigation
Investors filed a lawsuit in Minnesota federal court against Medtronic, Inc. alleging violations of the Securities Exchange Act of 1934. A $43 million settlement was approved.
St. Jude Medical, Inc. Securities Fraud
Investors filed a class action lawsuit against St. Jude Medical, Inc. alleging violations of the Securities Exchange Act of 1934. A $50 million settlement was approved.
Citigroup Litigation
Worked with Robbins Geller Rudman & Dowd, representing a large corporation in an action against Citigroup Inc., alleging fraud and negligent misrepresentation in connection with the sale of mortgage-backed securities. The parties successfully resolved all of the claims relating to this action.
Dicamba Litigation
The Dicamba litigation was initiated by farmers against Bayer AG, formerly Monsanto Company. The farmers alleged that the company’s herbicide improperly drifted from where it was applied and damaged neighboring fields, harming vulnerable crops, including soybeans. Zimmerman Reed represented farmers across various states and ZR partners were appointed to the Plaintiffs’ Executive Committee in the litigation and helped negotiate the settlement. Under the settlement’s terms, Bayer agreed to pay up to $400 million to resolve eligible farmer’s crop damage claims for the 2015 through 2020 growing seasons.
Airport Noise
Zimmerman Reed represented homeowners whose property was within a certain distance of the MSP International Airport. The lawsuit, filed against the Metropolitan Airports Commission (“MAC”), alleged that MAC breached a promise to provide noise mitigation to certain homes surrounding the Minneapolis-St. Paul Intl. Airport after the decision was made to expand rather than build another location. Weeks before trial, a settlement was reached with the MAC and then with the Cities who were also seeking to enforce promises made, providing noise mitigation for more than 9,500 homes in the areas surrounding the International Airport.
Minot Train Derailment
On January 18, 2002, the largest release of anhydrous ammonia in U.S. history occurred when a Canadian Pacific Railway train derailed in Minot, North Dakota. Zimmerman Reed represented hundreds of individuals injured by the release and achieved a successful settlement in the matter. Separately, Zimmerman Reed took the case of two individuals to trial and obtained a $1.2 million jury verdict in Minneapolis, MN on behalf of those clients.
Imprelis
A settlement was reached on behalf of a class of homeowners, golf course companies, and other property owners in a lawsuit against E.I. du Pont de Nemours & Company after their herbicide product, Imprelis, caused mature trees to die across the country following lawn application.
Stryker Hip Replacements
Represented patients implanted with certain Stryker hip replacement components that were recalled due to an increased risk of fretting and corrosion, a condition that forced many patients to undergo revision surgery. Zimmerman Reed partners were appointed by the federal judge to the Lead Counsel Committee. The case resolved successfully, resulting in more than $2 billion being directed to patients injured by the recalled devices.
Guidant & Medtronic Defibrillators
Negotiated a nationwide $240 million settlement for 8,500 patients after the Guidant heart defibrillator recall and a $95.6 million settlement on behalf of 2,682 patients who had faulty Medtronic heart defibrillators.
Baycol
Co-Lead Counsel achieving a $1.15 billion settlement for 2,500 clients who had significant injury after taking the cholesterol lowering drug, Baycol.
Levaquin
Represented individuals who were prescribed Levaquin as an antibiotic and suffered serious side effects. The patients alleged that Johnson & Johnson failed to adequately warn that the powerful antibiotic could cause tendon ruptures.
Obtained a $1.8 million jury verdict for one of our clients who experienced an Achilles tendon rupture while on Levaquin.
TVM Litigation
Transvaginal mesh implants came under increased scrutiny by doctors and patients after the FDA reported that thousands of women may have been unnecessarily exposed to a significant risk of injuries related to these devices. Zimmerman Reed represented hundreds of women in this litigation and was able to successfully recover for their injuries and losses.
Home Depot Security Breach
Member of the Plaintiffs Steering Committee representing banks and credit unions in recovering losses caused by the data breach data breach where hackers accessed payment card data belonging to 40 million customers.
Sonic Data Breach
Appointed co-lead counsel on behalf of financial institutions in recovering losses caused by the data breach. The litigation stems from a breach in which hackers used malware to access customers’ payment card data through the point-of-sale system used at hundreds of Sonic’s franchise locations.
Target Data Breach
Zimmerman Reed was appointed Lead Counsel on behalf of banks and credit unions in this landmark data breach action. The case was filed following a massive data breach that compromised 40 million credit and debit cards and the personal information of 110 million consumers. The class-action sought to hold Target responsible for the costs that payment card issuers incurred because of the data breach, including reimbursement of fraudulent charges and reissuance of new credit and debit cards. The case was one of the first certified classes in a data breach action and, ultimately, achieved a $59.4 million settlement.
Juul / Altria Litigation
Represented the State of Minnesota, along with co-counsel at Robins Kaplan, in litigation and at trial, against e-cigarette manufacturers, JUUL and Altria, for deceptively marketing their vaping products and targeting Minnesota’s youth. This case achieved a $60.5 M settlement.
Opioids: AG Litigation
Representing the States of Indiana and Vermont with co-counsel, Cohen Milstein, in investigation of and litigation against entities who created and fueled the nation’s opioid crisis. The States’ litigation included claims against the Sackler family and pharmaceutical giant Purdue Pharma, Inc., the drug distributors, and pharmacies. The combined actions – and inactions – of these companies resulted in a medical, social, and economic crisis that has still not been eliminated. These cases, along with cases across the country, achieved a $26 billion settlement with Distributors and Johnson & Johnson. Cases against Purdue and the pharmacies continue.
Navient Student Lending
Represented the Mississippi Attorney General in litigation against Navient and Sallie Mae Bank, alleging that the companies had engaged in deceptive and unfair lending practices in their origination and servicing of student loans directed at the State’s student loan borrowers. Those practices had created overwhelming burdens for young students and barriers to their future success. The litigation recovered millions in restitution and private debt relief for the students.
Visa and MasterCard Interchange Fees
Represented the State of New Mexico in an action alleging that Visa and MasterCard violated state consumer protection and antitrust laws by engaging in deceptive conduct related to their debit and credit card fees.
LCD Price Fixing
Represented the State of Mississippi, asserting consumer fraud and antitrust claims, and challenging the removability of a State’s case under the Class Action Fairness Act. Collaborated with a coalition of attorneys general offices as we navigated this highly contested litigation, including defending the case in state court, federal district court, the MDL court, the Fifth Circuit, and the U.S. Supreme Court.
Defended an attorney general’s office in a case brought by Google, challenging the legality and enforceability of the state’s Civil Investigative Demand issued by the attorney general.
MTBE Water Contamination
Represented various cities, towns, school districts, and other municipalities in the MTBE Water Contamination Litigation, to address contaminants in their water supplies. The entities were able to recover damages caused by contaminated groundwater including the costs of removing MTBE and benzene from drinking water supplies
Retired NFL Players’ Concussion Lawsuits
Zimmerman Reed represents hundreds of individual retired NFL players and worked with counsel across the country on an uncapped settlement that has already paid out more than $1 billion on behalf of more than 4,500 former NFL players. This settlement addressed—and continues to address—concussion-related lawsuits and funded compensation for concussion related brain diseases, medical testing and examinations, and medical research.
Retired NHL Players’ Concussion Lawsuits
Successfully represented former NHL players who alleged the National Hockey League was negligent in dealing with concussions and head injuries causing players to suffer serious brain injuries, including chronic traumatic encephalopathy (CTE).
Retired NFL Players’ Publicity Lawsuit
Zimmerman Reed represented retired NFL players who were challenging the NFL’s use of their images for profit and refusing to allow the retired players to benefit from the value they brought. A historic settlement was achieved to resolve the players’ class action. The settlement creates a licensing agency that would, for the first time, market the group rights of retired players and help retired players establish commercial opportunities. The federal judge in that case, Judge Paul Magnuson, called the settlement, “truly one-of-a-kind, and a remarkable victory for the class as a whole,” and “a boon to those thousands upon thousands of former NFL players who can now reap the collective benefit of a large financial payout to a fund organized solely for their benefit.”
Whistleblower Lawsuits
The firm is currently actively representing many whistleblower lawsuits in courts across the country, at different points in the litigation. Due to the confidentiality of these cases, we cannot share more information.