Class Action Litigation

Heffner Hurst focuses primarily on class action litigation. Our attorneys have served in leadership roles both locally and nationally on the subject of class actions, and spend almost 100% of their time litigating class actions. In general, class actions level the playing field for individuals. They allow a group of individuals who have been injured in the same way to join in one lawsuit against a wrongdoer (usually a corporation or large institution).

Unlike some firms that only concentrate in one or two areas of substantive law, Heffner & Hurst has proven their ability to successfully use the class action device in many areas. For example, we are one of a handful of law firms in the country to successfully prosecute class actions on behalf of individuals against state governments for unconstitutional laws—and recover tens of millions of dollars in the process. In addition to the subjects listed on their own pages here (securities litigation, retirement benefits litigation, and qui tam litigation), our attorneys have experience in bringing the following types of litigation:

Antitrust Litigation

Some companies decide that competing in the open market is not in their best interest and decide to collude to fix prices of their products, monopolize an industry, divide a market, or otherwise restrain free trade. While illicitly increasing their profits, these companies rob consumers of the benefits of competition in a free market—lower prices and higher quality of goods and services. Such practices also harm the small business owner by decreasing his profit margin and, in some instances, driving him or her out of business. In the United States, we have laws outlawing such anti-competitive activities, found primarily in the Sherman and Clayton Acts, and their state counterparts.

HH attorneys have experience vigorously prosecuting United States and international conspiracies and cartels whom have illegally engaged in anti-competitive behavior, outlawed by state and federal antitrust laws. For example, HH is currently pursuing antitrust litigation involving refined petroleum products, including gasoline. Named defendants in this suit include Citgo Petroleum Corporation, the Saudi Arabian Oil Company, and Petroleos de Venezuela S.A. In this historic class action, HH alleges the Defendants and other entities have been involved in a conspiracy to fix the price of refined petroleum products, as opposed to crude oil, since at least November 2002.

If you have knowledge of a possible price fixing, collusion, or monopoly claim, and would like a free consultation, please contact us at

Overtime and Employee Misclassification Litigation

The Fair Labor Standards Act (“FLSA”) is the federal law regulating minimum wage and overtime for employees. As a general rule, the FLSA requires an employer to pay an employee overtime compensation for time worked over 40 hours in a work week, unless that employee is “exempt” from the law. The normal FLSA work week is 7 consecutive days. What the employer calls overtime (whether it be “comp time,” “time other than during the employee’s regular schedule” or “other time” or whatever the employer chooses to call it) has no bearing on the law—if it is time that must be spent at work or working, it is covered by the FLSA. This even includes time worked “off the clock.”
Whether or not an employee is “exempt” from the FLSA is a complicated question, often times depending on the type of work performed and the percentage of time spent performing it. However many employers wrongly classify employees as “exempt.” Some companies wrongly classify employees as “independent contractors” in trying to dodge the FLSA. Some claim that because employees get a salary, they are exempt. Some employers try to skirt the FLSA’s requirements by giving employees titles like “supervisor,” “assistant manager,” or “manager” that sound as if they are exempt. Such conduct is illegal.

HH is actively investigating suits against employers for recovery of off the clock work, comp time, misclassified employee time, proper overtime rates, and productivity bonuses and shift pay. Employees may be entitled to double damages and attorneys fees if he or she prevails.

If you have knowledge of a potential overtime or misclassification violation, and would like a free consultation, please contact us at

Consumer Fraud Litigation

Since before the days of snake oil salesmen, sellers in the marketplace have misled consumers about their products. Many products billed as safe and fit for use or consumption are actually dangerous or contain a risk of injury that is never disclosed. Most states have outlawed such practices, however, with strong consumer fraud or deceptive trade practices laws. These laws make it illegal to mislead consumers about products sold to them. Many of these laws allow recovery of triple damages and attorneys fees. HH attorneys have or are currently prosecuting or investigating several consumer fraud actions seeking to protect the rights of consumers.

If you think you have a case or would like a free consultation, please contact us today.