Brian Perryman

Class Actions

Insurance and consumer financial companies facing significant class actions seek Brian’s skill in removing class actions under the Class Action Fairness Act (CAFA), compelling arbitration, and litigating certification and decertification motions. He is highly experienced in settling class actions, including structuring creative resolutions and dealing with settlement objectors.

Brian handles class action cases involving a variety of state and federal laws, some of which include:

• Racketeer Influenced and Corrupt Organizations Act (RICO)
• Employee Retirement Income Security Act (ERISA)
• Fair Labor Standards Act (FLSA)
• Telephone Consumer Protection Act (TCPA)
• Truth in Lending Act (TILA)
• Fair Housing Act (FHA)

Brian also has extensive experience with state consumer protection and labor laws, including California's Unfair Competition Law (Section 17200) and False Advertising Law (Section 17500), and New York’s General Business Law (Section 349).

Appellate

He has authored briefs or given oral argument in the U.S. Courts of Appeal for the First, Second, Ninth, Tenth, Eleventh and Federal Circuits and in a number of state appellate courts.

Regulatory Matters

Brian defends clients in administrative adjudicative proceedings, and investigations and subpoenas by state banking and insurance regulators and attorneys general. He handles multistate market conduct examinations, challenges to agency rulemakings under the Administrative Procedures Act and civil investigative demands by the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC).

Representative Experience

• Anderson v. Consumer Product Administrators, Inc., No. CV 23-352, 2024 WL 1133590 (E.D. Wash. Mar. 14, 2024) (dismissing class action alleging violations of Washington's service contracts and protection product guarantees statutes and consumer protection act)
• Anderson v. National Product Care Co., No. CV 23-353, 2024 WL 1132859 (E.D. Wash. Mar. 6, 2024) (compelling non-class arbitration of claims under Washington's service contracts and protection product guarantees statutes and consumer protection act)
• Bowerman v. Field Asset Services, Inc., 60 F.4th 459 (9th Cir. 2023) (in employee misclassification lawsuit, reversing class certification order, summary judgment order, damages award and attorney's fee award)
• Lewis v. M&T Bank Corp., No. 21-933, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (affirming dismissal of action challenging certain practices related to lender-placed insurance)
• Fritz v. Federal Warranty Service Corp., 516 F. Supp. 3d 1358 (N.D. Ga. 2021) (granting motion to compel arbitration in putative class action alleging deceptive practices in marketing extended service contracts)
• Dos Santos v. Assurant, Inc., 625 F. Supp. 3d 121 (S.D.N.Y. Sept. 1, 2022) (dismissing as time-barred artist's lawsuit under the federal Visual Artists Rights Act)
• Budrow v. National City Mortgage Co., No. CV 21-10118, 2022 WL 14829551 (D. Mass. Oct. 26, 2022) (dismissing borrower's claims arising out of the servicing of a mortgage on her residential property)
• Lewis v. Assurant, Inc., No. CV 21-1539, 2022 WL 4599038 (D. Conn. Sept. 30, 2022) (dismissing claims alleging kickback scheme and deceptive filings with insurance regulator)
• Patel v. Specialized Loan Servicing, LLC, 904 F.3d 1314 (11th Cir. 2018) (applying filed rate doctrine in affirming dismissal of putative class action)
• Coleman v. Assurant, Inc., No. CV 18-2808 (S.D. Tex. Nov. 27, 2018) (granting motion to compel arbitration in putative collective action asserted under the Federal Labor Standards Act)
• Garvey v. American Bankers Insurance Co. of Florida, No. CV 17-986, 2018 WL 3549784 (N.D. Ill. July 23, 2018) (granting motion to dismiss defendant from Telephone Consumer Protection Act putative class action for lack of personal jurisdiction)
• California ex rel. Heryford v. Discover Financial Services, No. CV 16-468, 2018 WL 3198459 (E.D. Cal. June 26, 2018) (dismissing public law enforcement action brought under Unfair Competition Law)
• Stevens v. Camping World Holdings, Inc., No. CV 17-416 (E.D.N.C. 2017) (following motion to dismiss, plaintiff voluntarily dismissed putative class action alleging that obligor had a policy of providing incomplete refunds following the cancellation of vehicle service agreements)
• Navin v. Wells Fargo, N.A., 199 F. Supp. 3d 646 (D. Conn. 2016) (D. Conn. Aug. 8, 2016) (granting motion to dismiss insurer defendants in putative class action challenging certain practices to lender-placed insurance)
• Lyons v. Litton Loan Servicing LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016) (applying filed rate doctrine to grant motion to dismiss insurer defendants in putative class action)
• Lee v. Ocwen Loan Servicing, LLC, 101 F. Supp. 3d 1293 (S.D. Fla. 2015) (denying class action settlement objector’s demand for discovery concerning settlement payment structure)
• Montoya v. PNC Bank, N.A., No. CV 14-20474, 2016 WL 1529902 (S.D. Fla. Apr. 13, 2015) (approving nationwide class action settlement over settlement class member objections)
• Braynen v. Nationstar Mortgage, LLC, No. CV 14-20726, 2014 WL 6090665 (S.D. Fla. Nov. 10, 2014) (overruling objections to preliminary approval of class action settlement)
• Casey v. Citibank, N.A., No. CV 12-820, 2014 WL 4120599 (N.D.N.Y. Aug. 21, 2014) (denying class action settlement objector’s demand for discovery concerning settlement payment structure)
• Lauren v. PNC Bank, N.A., 296 F.R.D. 389 (W.D. Pa. 2014) (granting motion to dismiss nationwide class allegations against hazard insurer in putative class action challenging certain practices related to lender-placed insurance)
• Miller v. Wells Fargo Bank, N.A., 994 F. Supp. 2d 542 (S.D.N.Y. 2014) (granting motion to dismiss insurer defendants in putative class action challenging certain practices related to lender-placed insurance)
• Minniti v. Eilers, 302 F.R.D. 656 (S.D. Fla. 2014) (denying motion to certify class action under the Telephone Consumer Protection Act)
• Saccoccio v. JP Morgan Chase Bank, N.A., 297 F.R.D. 683 (S.D. Fla. 2014) (approving nationwide class action settlement over objections of counsel in parallel class actions)
• Cannon v. Wells Fargo Bank N.A., 917 F. Supp. 2d 1025 (N.D. Cal. 2013) (granting motion to dismiss flood insurers' parent in putative class action challenging certain practices related to lender-placed insurance)
• Weller v. HSBC Mortgage Services, Inc., 971 F. Supp. 2d 1072 (D. Colo. 2013) (compelling named plaintiff to arbitrate claims asserted in putative class action involving lender-placed insurance)
• Fleisher v. Phoenix Life Insurance Co., 858 F. Supp. 2d 290 (S.D.N.Y. 2012) (granting motion to dismiss claims for violations of New York's General Business Law § 349, for breach of the implied covenant of good faith and fair dealing, and for declaratory relief in lawsuit alleging wrongful cost of insurance rate increase)
• U.S. Bank National Association v. PHL Variable Insurance Co., 288 F.R.D. 282 (S.D.N.Y. 2012) (holding that circumstances surrounding policyholder’s acquisition of universal life insurance policies were discoverable)
• American Security Insurance Co. v. Cricket Communications, Civ. A. No. 7410 (Del. Ch. Apr. 30, 2012) (ordering preservation of the parties' status quo business relationship pending outcome of arbitral proceedings)
• U.S. Bank National Association v. PHL Variable Insurance Co., No. CV 11- 9517, 2012 WL 1525012 (C.D. Cal. Apr. 26, 2012) (granting motion to dismiss claims for violations of California's Unfair Competition Law and False Advertising Law, and for tortious breach of the implied covenant of good faith and fair dealing in lawsuit alleging wrongful cost of insurance rate increase)
• Koberg v. John Alden Life Insurance Co., No. CV 11-21, 2011 WL 6122309 (D. Mont. Dec. 8, 2011) (granting motion to dismiss putative ERISA class challenging insurer's method of reimbursing its health insurance policyholders)
• Ponder v. SunTrust Banks, Inc., No. SU11CV0054 (Ga. Super. Ct.) (following motion to dismiss, plaintiff voluntarily dismissed putative class action alleging that credit insurance issuer fraudulently induced purchase of credit life, credit disability, and involuntary unemployment coverages)
• Cramer v. John Alden Life Insurance Co., 763 F. Supp. 2d 1196 (D. Mont. 2011) (granting motion to dismiss putative ERISA class action alleging improper assertion of subrogation rights)
• Clark v. Superior Court, 50 Cal. 4th 605 (2010) (amicus curiae brief for American Council of Life Insurers supporting prevailing view that Unfair Competition Law restitution may not be trebled)
• In re American Investors Life Insurance Co. Annuity Marketing & Sales Practices Litigation, 715 F. Supp. 2d 610 (E.D.Pa. 2010) (enjoining settlement class member from pursuing re-litigation of claims in state court)
• Mooney v. Allianz Life Insurance Co. of North America, No. CV 06-545, 2010 WL 419962 (D. Minn. Jan. 29, 2010) (denying plaintiffs' motion for permanent class-wide injunctive relief under Minnesota Prevention of Consumer Fraud Act and granting motion for amended judgment in defendant's favor)
• Burdick v. Union Security Insurance Co., No. CV 07-4028, 2009 WL 4798873 (C.D. Cal. Dec. 9, 2009) (decertifying class claims under California's Unfair Competition and False Advertising Laws)
• Nichols v. John Hancock Life Insurance Co., No. CV 09-840, 2009 WL 3019785 (N.D. Ala. Sep. 22, 2009) (dismissing putative class action involving alleged breach of an annuity contract)
• Davis v. John Hancock Variable Life Insurance Co., 295 F. App'x 245 (9th Cir. 2008) (affirming dismissal of putative class action alleging fraud and misrepresentation in the sale of variable whole life insurance policies)
• Nehemiah Corp. of America v. Jackson, 546 F. Supp. 2d 830 (E.D. Cal. 2008) (invalidating final rule promulgated by U.S. Department of Housing and Urban Development barring seller-funded down payment assistance in connection with mortgages insured by the Federal Housing Administration)
• Public Service Co. of Colorado v. Mallon, No. CV 07-762, slip op. (Colo. Dist. Ct. Oct. 22, 2008) (dismissing count asserted under the Colorado Organized Crime Control Act)
• Harris v. Adejumo, 36 A.D.3d 855, 830 N.Y.S.2d 329 (2d Dep't 2007) (no legal duty of care owed by mortgage lender to prospective borrower)
• Percival v. American Home Mortgage Corp., 469 F. Supp. 2d 409 (N.D. Tex. 2007) (dismissing Truth in Lending Act claim as time-barred)
• Bird v. Delacruz, No. CV 04-661, 2005 WL 1625303 (S.D. Ohio July 6, 2005) (dismissing defendant from multi-count, multi-defendant lawsuit)
• Fields v. General Conference of The United Methodist Church, 231 A.D.3d 430, 220 N.Y.S.3d 11 (2d Dep't 2024) (ordering the dismissal of a religious nonprofit from a negligence suit for lack of personal jurisdiction)
• PMC Casualty Corp. v. Virginia Surety Company, Inc., No. CV 24-1400, 2024 WL 3952427 (M.D. Fla. Aug. 27, 2024) (granting motion to transfer commercial dispute to the Northern District of Illinois)