Class Actions

A class action is a procedural device which allows an individual or small group of individuals to serve as “class representatives” and initiate filing a lawsuit on behalf of similarly situated individuals known as “class members.” Victims are often asked to stand up against large corporations with limitless resources and large defense firms. Often, class actions are the only economical solution to seek compensation for a large group of individuals who have been injured by the actions of the same defendant otherwise would not have the resources to pursue their claims individually.

Class actions can be incredibly complex and challenging because they result in judgments or settlements that bind all class members, even those who may be unaware of the action. Once a class action is certified, the attorneys appointed as class counsel conduct extensive discovery to not only prove the liability of the defendant and damages, but also identifying and providing notice to the class members, which can be a costly and onerous task.

Having seasoned class action attorneys guiding the litigation process can greatly increase the chances of reaching a fair settlement and holding companies accountable for their actions. Powell & Majestro is a premier resource for class action representation.

Class Action Lawyers with a History of Success

Since 2002, Powell & Majestro P.L.L.C. has helped clients and class members secure the compensation they deserve through class action lawsuits. With more than 100 years of combined experience, our attorneys are fierce advocates for consumers and those who have suffered harm due to the negligence of big business. We are intimately familiar with the class action process and take pride in helping our clients get the justice they deserve.

Powell & Majestro has litigated numerous class actions involving defective consumer products, medical devices, pharmaceutical drugs, school accreditations, and more that create safety and health issues for consumers, including:

• Hernia Mesh
• Vagina Mesh
• Vioxx
• Breast implants
• Fen-Phen

Currently, Mr. Majestro serves in a variety of roles in cases currently pending in state and federal courts, including class counsel, lead counsel, liaison counsel:

• In re Water Contaminate Litigation (W.Va. Mass Litig. Panel) and Good v. American Water (S.D. W.Va.) – Mr. Majestro serves as Liaison and Co-Lead Counsel before the Mass Litigation Panel and Settlement Class Counsel in the federal court proceedings in the Southern District of West Virginia. In these actions the parties are currently implementing a $151 million settlement for the benefits of a class of approximately 250,000 residents and businesses who suffered damages from contamination of the water supply.
• Teresa Vanalsburg, OBO Herself & All Others Similarly Situated v. Alderson Broaddus University, Inc., et al. and Samantha Danielle Croston, OBO Herself & All Others Similarly Situated v. Alderson Broaddus University, Inc. – Powell & Majestro, led by Mr. Majestro, and working in conjunction with Hoosier Law Firm, currently represents former students and faculty from Alderson-Broaddus University who were suddenly without a school or job when the University abruptly closed in August of 2023.
• Thomas Toliver and Bailes Glass Co. v. West Virginia-American Water Company and Mountaineer Gas Company (Kanawha County) – Powell & Majestro, led by Mr. Majestro, is currently co-counsel representing residents of Charleston’s West Side in the ongoing litigation related to a November 2023 water and gas utility outage that left thousands of residents to endure freezing temperatures without heat, gas, or water over the Thanksgiving holiday.  Consistent with its dedication to representing consumers harmed by large corporations, Powell & Majestro is working to make sure the members of our community are made whole.

Mr. Majestro has previously served as class counsel, lead counsel, liaison counsel, and other leadership roles in a number of state and national class actions, including:

• Hurley v. Messer, Wayne Co BOE (2020) – As Co-Lead Counsel, Mr. Majestro successfully negotiated a $300,000 county-wide settlement with defendants alleging that they had violated the Telephone Consumer Protection Act. Messer made prerecorded calls using an automated telephone dialing system without permission to residents of Wayne County regarding an upcoming BOE election in which Messer was seeking re-election.
• Womack v. Virginia Meadows LLC, et al. (2020) – As Plaintiffs’ Co-Lead Counsel, Mr. Majestro successfully negotiated a settlement with defendant contractors regarding defective construction and workmanship on houses located in a Putnam County, WV subdivision, as well as the subdivision developer and real estate companies and agents.
• Charlotte School of Law (2018) – As Co-Lead Counsel, Mr. Majestro successfully negotiated a $2.6 million settlement with Charlotte School of Law. The law school continued to market itself as an accredited law school in compliance with ABA requirements, despite having failed to comply, which resulted in students being unable to transfer credits to an accredited school, complete their degrees or sit for the bar exam. Charlotte School of Law has since been permanently closed.
• In re: Freedom Industries (2017) – As Co-Lead Counsel, Mr. Majestro successfully negotiated a multi-million-dollar settlement as a result of water contamination in the Kanawha County by Freedom Industries and West Virginia- American Water Company.
• Hertz Corporation (2017) – As Lead Counsel, Mr. Majestro successfully negotiated a $2 million nationwide settlement with Hertz as a result charging improper administrative fees to rental customers.
• Chase Bank USA, N.A. (2010) – As Lead Counsel, Mr. Majestro successfully negotiated a $1.75 million nationwide settlement with Chase Bank USA, N.A. involving the Bank’s use of The National Arbitration Forum (NAF) attempting to enforce NAF judgments against class members.
• Enterprise Holdings, Inc. (2010) – As Lead Counsel, Mr. Majestro successfully negotiated a nationwide settlement with Enterprise. Enterprise sold certain cars that had been manufactured without OnStar Automatic Crash Notification systems, and front and rear side curtain airbags which were standard on retail models, without notice to purchasers.
• In re Diet Drugs (Brooke County, W.Va.) – Mr. Majestro was appointed class co-counsel in this statewide class action against the manufacturers and distributors of the diet drugs Fen-Phen and Redux. Mr. Majestro’s work on the case included class discovery and the briefing and arguing many of the jurisdictional, class, and dispositive motions in the case. Mr. Majestro successfully defended two trial court rulings on appeal to the West Virginia Supreme Court. After the state trial court certified a state-wide class and the impending trial of that case was enjoined by the In re Diet Drugs M.D.L. Court, Mr. Majestro took the lead role in the briefing and argument challenging the injunction in the United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit. Thereafter, the case was settled on appeal, and Mr. Majestro took the lead role for the plaintiffs in implementing the statewide medical monitoring program which served as a model for the medical monitoring program implemented as part of the national settlement.
• State ex rel. Bell Atlantic-West Virginia, Inc. v. Ranson, 497 S.E.2d 755 (W. Va. 1997) – Mr. Majestro was appointed class co-counsel in this state-wide consumer fraud class action involving inside wire maintenance charges. Mr. Majestro’s work on this case included managing the deposition and document discovery and briefing and arguing the class and dispositive issues. Mr. Majestro successfully briefed and argued the appeal to the West Virginia Supreme Court which resulted in a published opinion setting forth new state law in the areas of primary jurisdiction and personal jurisdiction.
• Ysbrand v. DaimerChrysler Corp., 81 P.3d 618, (Okla. 2003) – Mr. Majestro was appointed class co-counsel in this national class action against the manufacturer of minivans containing defective airbags. Mr. Majestro’s work on the case included supervising class discovery, and taking the lead role in briefing the jurisdictional, class, and dispositive motions in the case. Mr. Majestro successfully defended the order certifying the national class in the case in the Oklahoma Supreme Court and against a petition for certiorari to the United States Supreme Court. In convincing the Oklahoma Supreme Court to approve the certification of a national class, Mr. Majestro successfully distinguished a number of contrary opinions declining national class certifications in state-law warranty cases.
• Community Health Assn. v. Lucent Tech., Inc. (Kanawha County, W.Va.) – Mr. Majestro was appointed class counsel in this national class action against the manufacturers and distributors of approximately 100,000 business telephone systems that were not Y2K compliant. Mr. Majestro’s role in the case included successfully briefing and arguing class, jurisdictional, and dispositive motions including related attempted appeals to the United States Court of Appeals for the Fourth Circuit and the West Virginia Supreme Court. Mr. Majestro participated in the conduct of fact discovery and in the preparation and retention of experts. Mr. Majestro designed the case theory that allowed successful certification of the state-law claims on a national basis while complying with requirements of the then newly-enacted federal Y2K Act.
• In re Rezulin (Raleigh County, W.Va.) and In re Oxycontin (Putnam County, W.Va.) – Mr. Majestro served as class co-counsel. Mr. Majestro assisted in discovery, administration of class notice, and motion practice in these cases. He also assisted with the successful defense on appeal of the class certification decision in the Oxycontin litigation and the reversal of the trial court’s refusal to certify the class in the Rezulin litigation.

Referring Your Class Action Clients to Powell & Majestro P.L.L.C.

Every law firm has its specialties, and it doesn’t make sense to try to be all things to all people. But a conscientious law firm also won’t want to pass by the opportunity to help a current or potential client who has a strong case. When a case is beyond the scope of your firm’s services or too complex, the experienced class action litigation attorneys at Powell & Majestro P.L.L.C. can help.

Our firm has been serving the needs of clients for over two decades as lead counsel or co-counsel on multi-firm litigation cases. Many of our clients reach us by way of referrals from law firms that take advantage of our generous referral agreements.

Whether you are an individual who believes you qualify to join an existing class action or a business partner wishing to make a referral, contact our offices to discuss your situation. Please call (800) 650-2889 or contact us online to schedule a free initial consultation. Video consultations are available for individuals who reside outside of Charleston.