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Philadelphia, PA 19103-7505
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Biography
John G. Papianou is a partner and chair of Montgomery McCracken’s Litigation Department and a member of the firm’s management committee. He concentrates his practice in complex civil litigation, with particular emphasis on consumer class actions involving claims under state consumer protection statutes. He has counseled and represented numerous clients in consumer class actions across the country, including Microsoft Corp., Tommy Hilfiger, USA, PVH Corp., Fitness International, LLC, and a Fortune 100 retailer.
John has extensive experience briefing significant and novel class action issues at the trial and appellate levels. He recently obtained a favorable decision from the United States Court of Appeals for the Third Circuit that is now frequently cited by courts and defendants in cases brought under the Fair Credit Reporting Act. He also recently obtained a notable ruling from a federal district court in which it shifted to plaintiffs the cost to comply with class certification discovery.
In addition to his class action experience, John has substantial experience defending companies in general commercial litigation. In Penn Center House, Inc. v. Marshall, for example, John obtained a jury verdict in the Philadelphia County Court of Common Pleas in favor of his client, Penn Center House, Inc., on a claim for breach of contract.
He also serves as an editor of the firm’s Ahead of the Class blog, which focuses on issues related to class action defense, addressing current cases and decisions, trends and strategies associated with class action law.
Selected Representations
- Titeflex Corporation – Represents manufacturer of tubing in putative class actions brought in several states. Has obtained orders granting motions to dismiss in all cases, including a First Circuit affirmance.
- Shiyan v. Lucille Roberts Health Clubs, Inc. – Represented Lucille Roberts in putative class action brought under the Telephone Consumer Protection Act (TCPA). Favorably settled case on individual basis after Lucille Roberts moved for summary judgment.
- Addison Automatics, Inc. v. The RTC Group, et al. – Represented Microsoft in putative class action brought under the Telephone Consumer Protection Act (TCPA). Favorably settled case on individual basis.
- Fortune 100 Retailer – Represented international Fortune 100 retailer in putative class action asserting claims under New Jersey’s Consumer Fraud Act. Obtained published decision from the Third Circuit vacating order of the United States District Court for the District of New Jersey granting a motion for class certification. Following the Third Circuit’s Order, the client moved for summary judgment, which the court granted.
- Boeynaems v. LA Fitness, International, LLC – Represented LA Fitness International, LLC in putative nationwide class involving claims under the Florida Deceptive and Unfair Trade Practices Act and the Washington Consumer Protection Act. Received favorable ruling shifting costs associated with class certification discovery to plaintiffs. 285 F.R.D. 331 (E.D. Pa. 2012).
- Blackthorn Partners, L.P. v. John C. Malone – Represented Blackthorn Partners in shareholder class action against John Malone and others arising out of the merger of Liberty Entertainment, Inc. and DirecTV. Settled case on favorable terms for client.
- Fleisher v. Fiber Composites, LLC – Represents manufacturer of outdoor decking in putative nationwide products liability class action alleging defects in decking and asserting claims under various state consumer protection statutes. Case is ongoing.
- Long v. Tommy Hilfiger USA, Inc. – Represented Tommy Hilfiger USA, Inc. in putative nationwide class involving claims brought under the Fair Credit Reporting Act. District court granted Hilfiger’s motion to dismiss and the Third Circuit affirmed. 671 F.3d 371 (3d Cir. 2012).
- In re Xbox 360 Scratched Disc Litigation – Represented Microsoft in putative nationwide products liability class action alleging defects in the Xbox 360 console. Court denied class certification in October 2009, and the Ninth Circuit denied review on Jan. 21, 2010. In re Xbox 360 Scratched Disc Litig., 2009 WL 481325 (W.D. Wash. 2009). Case settled on favorable terms on individual basis. (W.D. Wash. 2010).
Selected Publications
- Quoted, “Pa. Ruling May Spur More Class Suits Against In-State Cos.” Law360, February 22, 2018
- Co-authored, “The End May Be Nigh For FACTA Claims,” Law360, October 11, 2017
- Quoted, “3rd Circ. TCPA Ruling Saps Spokeo Defenses In Class Actions,” Law360, July 12, 2017
- Quoted, “Post-Spokeo Trends Offer Clues For Standing In Privacy Suits,” Law360, February 15, 2017
- Authored, “Post-Spokeo, Not All Statutory Violations Are Created Equal,” Law360, February 10, 2017
- Quoted, “Attorneys React to Supreme Court’s Spokeo Ruling,” Law360, May 16, 2016
- Quoted, “1st Circuit opens door to ‘future harm’ standing,” Massachusetts Lawyers Weekly, November 24, 2014
- Noted, “First Circuit: Allegations in class action against Titeflex ‘too speculative,”” Washington Examiner, November 14, 2014
- Noted, “1st Circ. Throws Out Titeflex Steel Tubing Class Action,” Law360, November 4, 2014
- Quoted, “Clapper Defense No Sure Bet In Home Depot Breach Suits,” Law360, September 11, 2014
- Authored, “Some Sanity Amid Skyrocketing TCPA Litigation,” Law360, April 11, 2014
Selected Speaking Engagements
- Speaker, “Is Sharing Caring? How and When to Share Consumer Reports and Other Fun FCRA Facts,” 2019 National Association of Professional Background Screeners Annual Conference, September 9, 2019
- Speaker, “I’ve Been Sued! Now what? How to Improve Your Chances of Success and Keep Costs Under Control,” 2017 National Association of Background Screeners Annual Conference, September 18, 2017
- Panelist, “eDiscovery Cost-Shifting & Taxation of Costs,” CDS seminar, July 2014
Community Involvement
- Serves as an ex officio member of the board of trustees of the Curtis Institute of Music
- John is also an avid CrossFitter and frequently competes in local competitions
Honors & Awards
- Named to Pennsylvania Super Lawyers, 2019
- Recognized as a top lawyer in Pennsylvania by Super Lawyers Rising Stars 2005, 2006, 2008, 2010, 2011, 2012 and 2013
Professional Activities & Achievements
- American Hellenic Lawyers Association, treasurer
Academic Achievements
John received his J.D. from the University of Pennsylvania School of Law in 2001. He graduated from Long Island University, summa cum laude, with a B.A. in 1996.