Louis A.Chaiten

Partner

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Louis Chaiten's practice focuses on class action defense, appellate matters, and financial institutions litigation. He has successfully defended scores of class actions and other high-stakes matters collectively seeking hundreds of billions of dollars in alleged damages. He has argued before the U.S. Supreme Court and numerous federal and state trial and appellate courts.

Recent representative matters include: defeating class certification in a multibillion dollar putative class action brought by investors in mortgage-backed securities; successfully defending an international manufacturer in multijurisdictional, multibillion dollar class action litigation without any class being certified; successfully defending a financial services company and accounting firm in a $900 million investor class action; and obtaining dismissal of claims against multiple financial institutions in litigation seeking hundreds of millions of dollars over their securitization activities. Louis also commits substantial time to pro bono work, including winning an appeal on behalf of an Ohio man wrongfully convicted of murder, leading to the man's release after more than a decade in prison.

Louis previously clerked on the U.S. Supreme Court (for Justice Antonin Scalia) and the U.S. Court of Appeals for the Sixth Circuit (for Judge Jeffrey Sutton). He also served in the Office of Legal Counsel at the U.S. Department of Justice, which is responsible for advising the president, the attorney general, and other executive branch officials on complex issues of constitutional, statutory, and international law. Louis serves on the board of directors of The City Club of Cleveland, one of the nation's oldest non-partisan free-speech forums.

Experience

  • U.S. Bank defeats class certification in putative class action alleging billions in classwide losses in connection with residential mortgage backed securitiesJones Day represented U.S. Bank in a putative class action seeking billions of dollars in alleged classwide losses in connection with investments in notes issued by 25 residential mortgage backed securities trusts for which U.S. Bank served as trustee.
  • Goodman defeats class certification in putative consumer class actions alleging sale of failure-prone air conditioner componentsJones Day represents Goodman Global, Inc. and its affiliates, the manufacturers of central air conditioning and heating systems sold under the Goodman, Amana, and Daikin brands, in a series of putative consumer class actions.
  • CBIZ and Mayer Hoffman McCann obtain Ninth Circuit affirmance of dismissal of $900 million lawsuitOn February 23, 2015, the United States Court of Appeals for the Ninth Circuit ruled in favor of Jones Day clients CBIZ, Inc. and Mayer Hoffman McCann P.C. in a case filed on behalf of a putative class of investors alleging $900 million in losses from the collapse of Mortgages Ltd., a commercial real estate lender.
  • Bayer prevails in challenge to design, results, and implementation of clinical trialsJones Day represented Bayer HealthCare LLC in obtaining a complete victory in a challenge to Bayer's decision to discontinue further development of a recombinant hemophilia product.
  • Macy's prevails at trial against J.C. Penney for tortiously interfering with Macy's contract with Martha Stewart Living OmnimediaOn June 16, 2014, the Supreme Court of the State of New York granted Jones Day client Macy's, Inc. a complete victory, after trial, against J.C. Penney Corporation, Inc. for tortious interference with a license agreement between a Macy’s affiliate and Martha Stewart Living Omnimedia, Inc. ("MSLO").
  • Cliffs Natural Resources wins Eighth Circuit appeal in dispute concerning post-termination duties under reclamation-services agreementOn August 17, 2010, the United States Court of Appeals for the Eighth Circuit ruled in favor of Jones Day client Cliffs Natural Resources Inc., an international iron ore supplier, in an appeal involving litigation brought by a reclamation-services provider.
  • Major appliance manufacturer defends putative nationwide class action alleging design defects in dryersJones Day is serving as lead counsel in defense of a putative nationwide class action alleging that certain dryers manufactured by a major appliance manufacturer include a design defect.
  • Financial institutions win Sixth Circuit appeal dismissing novel public nuisance suit filed by City of ClevelandOn July 27, 2010, the United States Court of Appeals for the Sixth Circuit ruled in favor of Jones Day clients Morgan Stanley and RBS Securities, along with 20 other financial institutions, in an appeal involving a novel, high-profile public nuisance claim filed by the City of Cleveland.
  • Diebold securities litigation dismissal upheld by Sixth CircuitJones Day represented Diebold and a group of its current and former officers and directors, which had been sued in a shareholder class action (dismissed and affirmed on appeal) under federal securities law for allegedly making false statements about the status and prospects of Diebold's businesses.
  • Ohio State Bar Association succeeds in returning clarity to Ohio's Corporate Director Advancement StatuteThe Ohio State Bar Association, represented by Jones Day as an amicus curiae, successfully petitioned the Supreme Court of Ohio to review, and then reverse, a decision from the Eleventh District that threatened directors’ right to advancement.
  • KeyCorp defends class actions alleging securities fraud and ERISA violations arising out of investments related to Bernard MadoffJones Day defended KeyCorp and an affiliate that managed a family of funds-of-hedge-funds against class actions arising out of the Bernard Madoff scandal.
  • Timken wins federal district court jury trial on breach of contract claims against Robert Bosch LLCOn May 29, 2009, Jones Day client The Timken Company achieved a complete victory in a jury trial in federal district court in Akron, Ohio, against Robert Bosch LLC, on Timken's breach of contract claims.
  • Zimmer Holdings obtains dismissal of shareholder derivative actionJones Day represented the directors of Zimmer, Inc. in a shareholder derivative action, securing dismissal based on absence of a pre-suit demand upon the board.
  • Royal Bank of Scotland defends action arising out of collapse of EnronJones Day represented The Royal Bank of Scotland ("RBS") in a shareholder class action and other related cases arising out of the collapse of Enron, alleging participation in a scheme to misrepresent Enron's financial condition and performance via certain structured finance transactions.
  • Ohio Supreme Court strikes down portions of sex offender law as violation of separation of powersJones Day Columbus successfully represented a group of victims' rights organizations and law enforcement personnel as amicus curiae in opposition to Ohio's new sex offender law (Senate Bill 10).
  • Federal appeals court bars a second murder trial of former Ohio death row inmateJoe D'Ambrosio ("D'Ambrosio") was convicted of capital murder, sentenced to death, and ultimately served 20 years in an Ohio prison.
  • Ohio inmate is represented on appeal based on recently discovered forensic evidenceA Jones Day Cleveland team represented an Ohio inmate convicted of murder in 2001, in an appeal before the Eighth District Court of Appeals (Cuyahoga County, Ohio).
  • Federated Department Stores obtains dismissal of shareholder derivative actionJones Day represented the directors of Federated Department Stores, Inc. in a shareholder derivative action seeking injunction against shutdown and liquidation of Federated's Fingerhut division.
  • Bridgestone/Firestone defends against ATX, ATX II, and Wilderness tire product liability class actionsJones Day represented Bridgestone/Firestone after it announced the recall of roughly 15 million Wilderness and ATX tires in August 2000, and plaintiffs' lawyers filed more than 100 class action lawsuits in state and federal courts across the country.
  • Xcel Energy obtains dismissal of securities fraud, derivative and ERISA actionsJones Day represented Xcel Energy and certain of its officers and directors in numerous securities actions alleging improper disclosure and omissions regarding the credit status of its NRG Energy subsidiary, linkage between NRG and Xcel credit agreements, and certain so-called round-trip energy trades.
  • City of Columbus, Ohio successfully petitions U.S. Supreme Court in case addressing safety regulations governing local tow-truck operations under the Interstate Commerce ActRuling in favor of Jones Day's client, the City of Columbus, the U.S. Supreme Court held that the Interstate Commerce Act's federal preemption provision does not bar a state from delegating to municipalities its authority to establish safety regulations governing motor carriers of property.
  • Nevada challenges constitutionality of Family and Medical Leave Act in U.S. Supreme CourtJones Day represented the State of Nevada before the U.S. Supreme Court in a case concerning the constitutionality of the Family and Medical Leave Act.
  • Dow Corning defends against administrative tax claim challenging deductibility of mass tort litigation costsJones Day defended Dow Corning Corporation, a manufacturer of breast implants, against an administrative tax claim challenging the deductibility of expenses defending mass tort litigation.
  • Mining companies file amicus brief opposing liability for Coal Act retiree benefitsOn behalf of several mining companies, Jones Day filed an amicus brief in the U.S. Supreme Court opposing liability for "third tier" companies to provide retiree benefits under the Coal Industry Retiree Health Benefit Act of 1992 ("Coal Act").
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    March 2019 Commentaries

    Department of Justice Increasingly Challenges Class Settlements

    March 2019 Commentaries

    Increased Scrutiny Means Increased Costs: Amended Rule 23 and Class Settlement Approval

    March 2019 Alerts

    Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

    June 2017 Commentaries

    Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

    October 2016 Alerts

    Ninth Circuit Affirms Class Decertification Order But Reverses Summary Judgment in "All Natural" Foods Label Case

    January 2016 Alerts

    Supreme Court Restricts Defendants' Use of Settlement Offers to "Pick Off" Named Plaintiffs in Class Actions.

    January 2016 Commentaries

    Third Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability

    January 2016 Alerts

    U.S. Supreme Court Rules in Favor of Arbitration Clauses and Class-Arbitration Waivers in Consumer Contracts

    February 2013 Commentaries

    Delaware Update: Chancellor Strine Proposes New Approach to Multijurisdictional Shareholder Litigation

    December 2012 Commentaries

    Delaware Update: LLC Managers Have Fiduciary Duties
    View All

    Additional Publications

    • Jan/Feb 2013Receding Advancements: Legal Fees And Ohio's Corporate Directors, Ohio Lawyer

    Speaking Engagements

    • June 11, 2019
      Recent Trends in Consumer-Fraud Class Actions
    • February 5, 2018
      Emerging Trends in Consumer Fraud Class-Action Arbitration
    • November 29, 2017
      2017 Supreme Court Review
    • June 15, 2017
      Legal Implications of Justice Gorsuch's Confirmation to the U.S. Supreme Court
    • April 4, 2017
      Emerging Trends in Consumer Fraud Class Action Litigation
    • November 29, 2016
      Supreme Court Review
    • October 26, 2016
      Supreme Court Update: A Look at Significant Cases in the New Term
    • December 1, 2015
      U.S. Supreme Court Review
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