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 nationwide, multi-state and single-state class actions filed in jurisdictions across the United States and has dealt with a variety of industry-specific issues and legal claims, ranging from consumer fraud theories to breach-of-contract allegations to alleged environmental disasters. 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.
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.
Current Representative Matters
Defend an automobile manufacturer in a multi-state class action alleging it failed to disclose an alleged issue with its panoramic sunroofs (N.D. Cal.).
Defend a university system in ongoing class litigation asserting claims that the switch to remote learning in the face of the COVID-19 pandemic resulted in tuition, housing and student fee overcharges (Missouri State Court).
Defend a private university in class litigation related to allegations of misreporting of data to U.S. News and World Reports (C.D. Cal.).
Defend a private university in class litigation involving antitrust allegations concerning how non-custodial parent income is reported for financial aid (N.D. Ill.).
Defend a manufacturer of computer dusters in class litigation asserting personal injury, wrongful death and other claims based on “huffing” (D. Kan; N.D. Ga.).
Defend a natural gas supplier in class litigation alleging price gouging due to a natural disaster (D. Kan.).
Publications
Holly Pauling Smith, Michael Mallow and Tom Sullivan, Strategies to Defend Tuition Refund Class Actions, COVID-19 Shook Client Primer, May 27, 2020.
Holly Pauling Smith and John Sherk, Class Actions and Mass Actions, COVID-19 Shook Client Primer, April 3, 2020.
Holly Pauling Smith & Madeleine McDonough, Chapter 25: USA, The International Comparative Legal Guide to: Class & Group Actions 2012 (Global Legal Group Ltd., London).
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.)
Holly Pauling Smith & Madeleine McDonough, Chapter 25: USA, The International Comparative Legal Guide to: Class & Group Actions 2011 (Global Legal Group Ltd., London).
Presentations
Current Developments and Best Practices in Class Action Litigation, FDCCCorporate Counsel Symposium, October 22, 2023.
Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants, Strafford CLE Webinar, June 10, 2020 (with Rebekah Byers Kcehowski).
Key Considerations in Managing and Handling Products-Related Class Actions, Panelist, ABA Emerging Issues in Motor Vehicle Product Liability Litigation Conference, San Diego, California, April 5, 2019.
Blockbuster Developments in Products Related Class Actions, Moderator, ABA Motor Vehicle Conference (April 2018).
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).
Media Coverage
In Pari Delicto Is Alive and Well in Kansas, Drug and Device Law Blog, August 10, 2023.