Allison R. McLaughlin

Biography

Cases

• Won U.S. asylum in a pro bono victory for two Congolese refugees who were targets of extreme ethnic violence in their home country.
• Won case-ending summary judgment for an international shipping company in a multi-plaintiff, putative joint employment case in state court in California. The plaintiffs sought overtime, meal and rest breaks, minimum wage, and other damages.
• Defeated certification of a putative class of California claimants alleging WTO's client was a joint employer, seeking compensation for purported "off-the-clock" work. The California state trial court judge agreed with WTO's arguments that the plaintiff's "common" evidence did not show joint employment under California law.
• Won motion to strike California Labor Code Private Attorneys General Act ("PAGA") representative claim in federal court for alleged meal break violations where WTO's client was a purported joint employer.
• Defeated certification of a putative class of 20,000 California claimants alleging that WTO's client was a "joint employer" and was liable for unpaid overtime and other wage-and-hour violations.
• Won final approval of class settlement and vacatur of a $15 million attorneys' fee award from the Ninth Circuit in a consumer class action for Whirlpool.
• Won summary judgment against a certified, seven-state class action alleging false labeling and breach of warranty.
• Serve as national coordinating counsel to a major transportation company in FLSA collective action and individual and class wage and hour claims.
• Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. After jury selection in the first trial, Airbnb settled all litigation on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights.
• Won unanimous Seventh Circuit victory in a fee dispute for Whirlpool and Sears arising out of a certified federal class action lawsuit that WTO favorably settled after winning a defense verdict in the bellwether trial of related claims.
• Won a complete defense jury verdict for Whirlpool as co-trial counsel in a $66 million certified class action trial in Ohio involving allegedly "moldy" washing machines.
• Obtained dismissal of class action allegations and 15 of 17 claims against Whirlpool in an environmental toxic tort case. Plaintiffs voluntarily dismissed their remaining claims after the court's ruling.
• Successfully obtained a class settlement for Pilot Flying J as national resolution counsel in diesel rebate litigation.
• Represent Electrolux, a global leader in household and commercial appliances, in certain consumer class actions nationwide and in product liability matters filed in Colorado.
• Authored petitions for writs of certiorari in the high-profile appeals of class certification in Glazer v. Whirlpool and Butler v. Sears, which the Supreme Court granted, vacated, and remanded to the Sixth and Seventh Circuits for reconsideration in light of the Court's decision in Comcast v. Behrend.
• Defeated a motion to certify a nationwide breach of warranty class in a case alleging that certain Kenmore washing machines contained defective electronic control boards that caused the machines to malfunction.
• Drafted an amicus curiae brief for the U.S. Chamber of Commerce in an appeal urging the U.S. Court of Appeals for the Seventh Circuit to correct the district court's improper application of the federal officer removal statute. The Seventh Circuit reversed the remand order from the Southern District of Illinois.
• Obtained summary judgment for a national healthcare food services company in a case alleging wrongful discharge and hostile work environment in violation of Title VII of the Civil Rights Act.
• Defeated certification of a multistate class action in Arkansas federal court involving claims that certain Whirlpool-made refrigerators were defective.
• Obtained dismissal of ERISA claims in a case alleging that one of Colorado's leading wine and spirits distributors improperly refused to pay medical bills on the ground that the plaintiff lacked standing to sue, a decision that was upheld by the Tenth Circuit Court of Appeals.
• Obtained a temporary restraining order in Denver District Court against a retailer and its owner in a brand-protection case WTO handled for a well-known appliance manufacturing company.

Press

• WTO Leads Top 100 in Colorado Super Lawyers
• Law360, "7th Circ. Halves Attys' Fees In Sears Washer Class Action," August 14, 2017.
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Law360, "Whirlpool Plaintiffs Ask 6th Circ. For New Washer Trial," February 13, 2015.

Other Experience

Legal Memberships, Activities, and Honors