Holly focuses her practice on class actions and complex litigation. She enjoys developing the factual record needed to defeat class certification – particularly when it involves developing a highly technical or scientific expert record. Holly has successfully defended class actions in eighteen states and has dealt with a variety of industry-specific issues and legal claims, ranging from consumer fraud theories to alleged environmental disasters to product liability claims. The types of products at issue in the class actions Holly has worked on include automotive, children’s products, construction supplies, pet products, pharmaceuticals, medical devices and tobacco. For example, she currently serves as lead counsel in an MDL involving consumer fraud and warranty allegations against the manufacturer of PVC decking.
Holly knows there is no one-size-fits-all approach to complex litigation, and she likes working with clients to devise the best approach to suit their business aims. If global resolution is desired, Holly is an experienced class settlement negotiator who knows both how to negotiate and how to defend class settlements. Holly also is an experienced multidistrict litigation (MDL) litigator who provides clients with guidance on the pros and cons of MDL treatment, as well as sound strategy once in an MDL.
In re Bayer Healthcare and Merial Ltd. Flea Control Prods. Marketing & Sales Pracs. Litig., 752 F.3d 1065 (6th Cir. 2014) and 2013 WL 1150089 (N.D. Ohio Mar. 19, 2013) – obtained a summary judgment ruling that was upheld on appeal in a purported class action alleging that the client’s marketing representations about the efficacy of its products lacked sufficient scientific support.
Johnson v. MFA Petroleum Comp., et al., 10 F. Supp. 3d 982 (W.D. Mo. 2014) and 2013 WL 344875 (W.D. Mo. July 9, 2013) – successfully removed a putative Missouri-only deceptive trade practices class action to federal court and thereafter obtained a dismissal on the basis that the claims were preempted by the federal Petroleum Marketing Practices Act.Mays v. Tennessee Valley Authority, 274 F.R.D. 614 (E.D. Tenn. May 10, 2011) – helped develop the class defense strategy in this environmental spill case, and co-authored the brief that led to the denial of class certification.
Cleary v. Philip Morris, et al., No. 09-C-1596, 2010 WL 2555640 (N.D. Ill. June 22, 2010), aff’d, 656 F.3d 511 (7th Cir. 2011) – oversaw the removal this case under CAFA, after it had lingered 11 years in state court, and collaborated with co-counsel on the defense strategy that ultimately led to its dismissal in federal court.
Rogers v. QuikTrip Corporation, 230 P.3d 853 (Okla. 2010) – drafted the brief to the Oklahoma Supreme Court in this putative consumer fraud class action, which involved a challenge to retail ethanol disclosure practices; the Oklahoma Supreme Court reversed the trial court’s denial of a motion to dismiss.
Kremers v. The Coca-Cola Company, 712 F. Supp. 2d 759 (S.D. Ill. 2010) – deposed the proposed class representatives, whose testimony was quoted extensively by the court in granting the defendant summary judgment in this putative consumer fraud class action involving product advertising.
In re Digitek Prods. Liability Litig., MDL 2:08-md-01968, 2010 WL 2102330 (S.D. W. Va. May 25, 2010) – deposed the class representatives and co-authored the brief that led to denial of class certification in this MDL involving several class actions premised upon a recent product recall.
Holly Pauling Smith & Madeleine McDonough, Chapter 3: A New Frontier: Health-Claims Class Actions, The International Comparative Legal Guide to: Class & Group Actions 2011 (Global Legal Group Ltd., London.)
Key Developments in Product Liability Class Actions, ABA Emerging Issues in Motor Vehicle Product Liability Litigation (April 2016) (with Amir Nassihi; Jason Menges, Assistant General Counsel at Nissan North America, Inc.; Jason Erb, Assistant General Counsel at Hyundai Motors; Jim Olivia, Senior Counsel at Honda North America, Inc.; Eric Smith, Senior Counsel at Nissan North America, Inc.).
Key Developments in Product Liability Class Actions, ABA Class Action Litigation in America – A National Symposium (March 2016) (with Amir Nassihi and Eric Smith, Senior Counsel at Nissan North America, Inc.)
Class Action Medley, ABA Emerging Issues in Motor Vehicle Product Liability Litigation (April 2015) (with Amir Nassihi; Jim Olivia, Senior Counsel at Honda North America, Inc.; Eric Smith, Senior Counsel at Nissan North America, Inc.).
Class Action Medley: Procedural Developments, ABA Emerging Issues in Motor Vehicle Product Liability Litigation (April 2014) (with Jason Menges, Senior Counsel at Nissan North America, Inc.).
Class Action Medley: Can a Product Recall Moot a Class Action?, ABA Emerging Issues in Motor Vehicle Product Liability Litigation (April 2014) (with Amir Nassihi).
Product Recalls & Class Actions: Does Your Class Action Have a Silver Lining?, Shook, Hardy & Bacon’s Tenth Annual Update of the Law (June 2013).
Post-Dukes Survey & Emerging Issues in Complex Litigation, a client's Annual In-House CLE Program (Oct. 2012).