Kathleen P. Lally

Counsel
Chicago
  • 330 North Wabash Avenue, Suite 2800
  • Chicago, IL 60611
  • USA
Profile Experience

Kathleen Lally is counsel in the Litigation & Trial Department of Latham & Watkins. Since joining the firm in 2005, Ms. Lally has considerable experience in class actions and complex litigation in both state and federal court with a focus on consumer class action defense.

Ms. Lally has defended clients in a variety of industries and jurisdictions across the country against consumer class cases featuring allegations of common law and statutory fraud, conspiracy, breach of warranty, unjust enrichment as well as other violations of state and federal law. She has gained experience in all aspects of complex cases, including removal and remand motions, consolidation and practice before the Judicial Panel on Multidistrict Litigation, fact and expert discovery, complex motion practice, including responding to motions for class certification, appellate practice pursuant to Fed. R. Civ. P. 23(f) and preliminary and final approval of class settlements. Ms. Lally has extensive experience in issues of federal preemption and state consumer protection laws.

While attending the University of Michigan Law School, Ms. Lally served as a member of the Michigan Journal of Gender and Law.

Ms. Lally is currently handling or has handled consumer class cases for:

  • American Honda Motor Co., Inc.
  • Aurora Organic Dairy
  • Bass Pro Outdoor World, LLC
  • Beats Music LLC
  • CCC Information Services Inc.
  • Costco Wholesale Corporation
  • Eddie Bauer
  • Electrolux North America, Inc.
  • Energizer Holdings, Inc.
  • First Automotive Service Corporation
  • Lexington Law
  • Masco Corporation
  • MB Financial Bank, N.A.
  • Navistar, Inc.
  • Nicor, Inc.
  • Reckitt Benckiser LLC
  • Safeway Inc.
  • Saputo Dairy Foods
  • Schiff Nutrition International, Inc.
  • Stericycle, Inc.
  • The Auto Club Group
  • The Buccaneers Limited Partnership
  • The French's Food Company LLC
  • The Western Union Co.
  • Walmart Stores, Inc.

Ms. Lally's representative matters include:

  • An organic dairy, as well as several of the dairy's customers, in multiple putative class actions alleging violations of federal laws and regulations pertaining to organic goods. Assisted in obtaining dismissal of all claims with prejudice on the basis of implied preemption
  • An automotive manufacturer in a putative class action filed in Illinois federal court alleging statutory fraud and breach of warranty relating to the manufacturer’s certified used car program. Assisted in defeating plaintiff’s motion for class certification
  • An automotive manufacturer in a putative class action filed in California federal court alleging that breach of warranty and statutory fraud relating to the manufacturer's keyless fobs. Assisted in obtaining dismissal
  • An information services provider in a putative class action filed in Washington federal court alleging that the provider's vehicle valuations undervalue total loss vehicles. Assisted in defeating plaintiff’s motion for class certification
  • An appliance manufacturer in a putative class action filed in California federal court alleging statutory fraud relating to the manufacturer's stainless steel dryer. Assisted in defeating Plaintiff's motion for class certification
  • A credit repair service in a series of putative class actions filed in California and Utah federal courts alleging violation of the Telephone Consumer Protection Act. Assisted in filing motions to compel arbitration and resolved each case individually and on favorable terms to the company
  • A manufacturer of home improvement products in a series of class actions relating to the manufacturer's spray polyurethane foam. Assisted in defeating a motion for transfer and consolidation pursuant to 28 U.S.C. § 1407 before the Judicial Panel for Multidistrict Litigation and obtaining dismissal of the case
  • A national bank in a putative class action filed in Illinois state court alleging fraud and breach of contract relating to overdraft fees. Assisted in having the case dismissed with prejudice
  • A national football team in a series of putative class actions pending in Florida federal court alleging violations of the Telephone Consumer Protection Act
  • An automotive manufacturer in a putative class action filed in California state court alleging violation of California's Unfair Competition Law, the Consumer Legal Remedies Act and Song-Beverly Act relating to the manufacturer's automatic transmission
  • A truck and engine manufacturer in 18 putative class actions consolidated in Illinois federal court relating to the manufacturer's heavy-duty diesel engines
  • A nutritional supplement manufacturer in a putative class action filed in California federal court alleging false advertising relating to certain nutritional supplements
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