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Class Actions & Mass Torts

Steptoe & Johnson takes a team approach to representing clients involved in class actions and mass torts, assembling the best resources of the firm for each individual case. 

Steptoe & Johnson's experience in class actions and mass torts includes representation of clients as primary counsel, as well as assistance to other primary counsel for the client by serving as local counsel.  The firm's strategic office locations and practice experience throughout West Virginia, Ohio, Kentucky and Pennsylvania in both state and federal courts, means Steptoe & Johnson can provide out-of-state clients with invaluable insight into these unique litigation climates.  The firm's experience in class actions and mass torts includes representation of clients in the following types of litigation

    • Natural gas matters
    • Consumer credit and protection
    • Insurance matters, including coverage and premium issues
    • Product liability, including pharmaceuticals, asbestos, silica, benzene and manganese
    • Employment matters, including ERISA, discrimination, and wage and hour claims
    • Antitrust, including pharmaceuticals
    • Flood litigation
    Representative Experience

    • Appeared as counsel of record in several complex cases in federal court under the Class Action Fairness Act of 2005
    • Assisted in management of title project for class action alleging, in part, damages to land and personal injury to land owners from air pollution
    • Served as defense liaison counsel for hospital defendants in statewide class action over medical records copying costs
    • Defended companies in various toxic and mass torts (chemical exposures and massive floods allegedly caused by mining and timbering operations)
    • Defended a client in a class action litigation involving claims under the Fair Labor Standards Act
    more...
    • Natural Gas Pipeline Litigation
      Steptoe & Johnson represents a large natural gas transmission company in a class action removed to federal court, claiming diminution in value to property, public and private nuisance, and past and continuing trespass, allegedly caused by a natural gas pipeline that has been abandoned and/or is no longer in service. The class definition excludes individuals who previously executed a release of liability. Defendant denies all liability and denies any contamination caused by its pipeline that would require remediation under federal or state environmental laws.
    • Natural Gas Royalty Litigation
      Steptoe & Johnson represents unrelated major energy companies which are defendants in two separate class actions brought in federal and state court on behalf of all owners of royalty interests in West Virginia natural gas wells that are now or at one time had been leased to the respective defendants. The federal class, which has approximately 25,000 members, claims that royalties have been improperly calculated since 1996 and seeks recovery of damages against our clients on that basis. The state class, which has approximately 8,000 members makes similar claims for damages dating back to 1990 against our client and its successors in interest.
    • Asbestos UTPA Litigation
      Steptoe & Johnson is defending one of several insurance companies in a putative class action brought by persons who settled asbestos claims in West Virginia in the 1990s with various asbestos product manufacturers.  Plaintiffs allege that some of the manufacturers were insured by the defendant insurance companies, which allegedly unfairly delayed the settlement of their asbestos claims.
    • Coal Float/Sink Litigation
      Steptoe & Johnson represents a defendant coal company in this class action in which plaintiffs seek damages for exposure to various chemicals used in coal float/sink testing. Defendants are manufacturers of the chemicals as well as various coal companies who used the chemicals in coal float/sink testing.
    • Consumer Class Actions
      Steptoe & Johnson defends businesses in class litigation brought by consumers under consumer protection laws, including the West Virginia Consumer Credit & Protection Act and the federal Telephone Consumer Protection Act.
    • Electrical Outlet Litigation
      Steptoe & Johnson represented Leviton Manufacturing Co., Inc. in a Marshall County “no injury” product liability putative class action in which plaintiffs claimed that defective electrical outlets resulted in an increased risk of fire.
    • Employment Discrimination Litigation
      Steptoe & Johnson represented the sole defendant in a class action in which plaintiffs, current and former female and minority employees, sought damages for alleged systematic discrimination in hiring, pay, promotion, and job assignment practices. Further, Steptoe & Johnson represented one of the defendants in a putative class action alleging sex, age, and race discrimination in hiring and defended the trial court's denial of class certification in the Supreme Court of Appeals of West Virginia.
    • Fen-Phen Litigation
      Steptoe & Johnson defended numerous doctors and a clinic in this Brooke County, West Virginia class action which involved several thousand plaintiffs, numerous drug manufacturers and more than 50 doctors.
    • Flood Litigation
      Steptoe & Johnson represents several clients in this mass tort against the allegations of several thousand plaintiffs that the extraction of natural resources by timber and coal companies caused the July 8, 2001 flooding in southern West Virginia. The litigation, which involves multiple watersheds, is occurring in phases.
    • FLSA/Wage, Payment & Collection Litigation
      Steptoe & Johnson represented the sole employer defendant in a putative class action alleging violations of the West Virginia Wage Payment & Collection Act and a parallel putative collective action under the federal Fair Labor Standards Act. The representation included addressing issues raised by the opt-out nature of a class action versus the opt-in nature of a FLSA collective action.
    • Hearing Loss Litigation
      Steptoe & Johnson defended a Fortune 500 company against the claims of hundreds of product liability cases filed by construction workers who alleged that noise emitted by heavy equipment caused hearing loss.
    • Insurance Bad Faith Litigation
      Steptoe & Johnson represented several insurance companies in this case of first impression, Barker v. Nationwide Insurance Co., et al., in which plaintiffs sued more than 400 insurance companies for violations of the West Virginia Unfair Practices Act when settling claims of minors.
    • Medical Record Copying Litigation
      Steptoe & Johnson represented 18 hospital defendants and also served as hospital liaison counsel in this class action which sought damages for alleged overcharging for copies of medical records.
    • Propane Gas Pipeline Burial Depth Litigation
      Steptoe & Johnson represents two energy holding companies that formerly owned a propane gas company in a class action in state court arising from alleged improper burial, as well as concealment of the improper burial of propane lines based on our clients’ former ownership interest. In addition to the claims of the class, Steptoe & Johnson is defending the clients against cross-claims for indemnification brought by the purchaser of the propane company, which is a co-defendant in the action.
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