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A nationally recognized litigator, Joseph Duffy defends class actions in US federal and state courts. As co-head of the litigation practice’s Retail Industry Initiative, he focuses on the unique challenges facing retail companies, representing retailers in consumer class actions, contract disputes, and compliance and privacy matters. He also litigates class actions for financial services companies involving lending practices, foreclosure activity, and debt collection. Joseph earned recognition as a Class Actions and Mass Torts “Powerhouse” in BTI’s Litigation Outlook 2014 Report.
In 2013, Law360 named Joseph one of five “Rising Stars” in the nation in the class action category. He was honored by the legal media after helping a global financial services firm defeat class actions over alleged foreclosure and debt collection practices, and for securing a verdict for an international toy retailer in the first consumer class action trial under California’s gift card law. Since that time, he has represented numerous financial services firms and retail clients in a variety of consumer class actions around the country.
His financial industry litigation experience includes defending various claims brought under state and federal statutes around the United States following the recent financial crisis. Joseph also defends a large number of national retailers facing class actions on behalf of consumers related to advertising, pricing, point of sale, privacy, and statutory claims. In addition, he serves as national coordinating and trial counsel in product liability and mass tort litigation, including having served as first- or second-chair trial counsel on more than a dozen cases. He represents chemical, pharmaceutical, manufacturing, and construction products companies in product liability matters, including those related to asbestos, silica, and benzene.
Outside the courtroom, Joseph advises retailers on gift cards, loyalty programs, sale advertising, and credit card compliance, including Fair and Accurate Credit Transactions Act (FACTA) issues. An active member of the firm’s food industry program, he also counsels food and retail companies on labeling and warning issues.
Won a complete defense verdict in a rare consumer class action trial for a major national retailer under California's gift card redemption law in which the plaintiff class sought more than $30 million.
Won a defense verdict for a national greeting card company at a trial where plaintiff alleged breach of contract damages of more than $18 million.
Defeated class certification on behalf of a major automobile manufacturer in a matter involving claims of defective vehicles.
Defeated class certification on behalf of a major financial institution in action involving claims of improper foreclosure practices
Won various motions to dismiss in a series of matters around the country against a major financial institution in matters involving alleged improper foreclosure-related activities.
Defeated class certification in a matter involving alleged Fair Credit Reporting Act violations.
Won numerous summary judgment motions on behalf of manufacturers in asbestos-related actions.
Obtained several defense verdicts in asbestos personal injury and wrongful death trials.
Obtained defense judgment in a FINRA arbitration alleging improper securities transfer.
Won numerous motions to dismiss in matters alleging wrongful foreclosure for various financial institutions.
Obtained order granting motion to dismiss in class action against national retailer alleging fraudulent advertising practices.
Won motion to dismiss a class action against a retailer related to claims of false price comparison.
Obtained summary judgment win for financial institution client related to loan modification and foreclosure issues.
Won numerous motions to dismiss for lending client related to mortgage servicing, foreclosure, and loan modification issues.
Obtained anti-SLAPP dismissal of lending institution related to allegations of improper debt collection.
Awards and Affiliations
Member, Practice Group of the Year, Employment, Law360 (2019)
MVP, Retail & Ecommerce, Law360 (2019)
Rising Star, Class Actions, Law360 (2013)
Member, American Bar Association
Member, Pennsylvania Bar Association
Former President, Pepperdine Univ., International Law Society