April Nelson Ross

,
 Partner Washington, D.C.
aross@crowell.com
Phone: +1 202.624.2687
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

April Ross is a litigation partner in Crowell & Moring’s Washington, D.C. office. April focuses her practice on defending companies against consumer class actions, product liability actions, and mass tort actions, and litigating on behalf of health care companies, with particular experience in class actions and multidistrict litigation proceedings. She represents clients in a range of industries including health care, consumer products, and transportation. In addition to trial-level work in state and federal courts across the country, April has substantial experience handling cases on appeal, including in the U.S. Supreme Court. In 2014, 2015, and 2016, April was selected by her peers as a "Washington, D.C. Super Lawyers Rising Star" for class actions/mass torts and health care.

Representative Mass Tort, Product, and Consumer Litigation Matters

April's mass tort, products, and consumer litigation experience includes defending clients in crisis management, consumer class actions, product liability class actions, and environmental exposure mass actions. She represents clients in a range of industries, including transportation, chemical, and consumer products. Recent matters include:

  • Defending major automobile manufacturer in multiple consolidated nationwide class actions alleging vehicle performance defects, breach of warranty, fraud, and consumer protection claims.
  • Obtaining dismissal with prejudice on behalf of a major automobile manufacturer in a putative class action alleging vehicle design defects.
  • Achieving and upholding on appeal the dismissal of numerous coal companies in class actions alleging global warming in federal district and appellate courts, and before the U.S. Supreme Court.
  • Defending a Class 1 railroad in several high-profile derailment class actions and mass actions, including achieving and upholding on appeal summary judgment in a putative class action litigation seeking medical monitoring following a derailment and chemical spill, and negotiating successful class settlements.
  • Representing a Class 1 railroad in a commercial dispute over allocation of liability under a trackage rights agreement.
  • Achieving dismissal on forum non conveniens grounds of a U.S. component part manufacturer in MDL litigation arising from the crash of Air France Flight 447.
  • Serving as national coordinating counsel for a transportation client’s docket of diesel exhaust exposure litigation.
  • Representing a chemical manufacturer in MDL class action litigation alleging property damage from an herbicide product.

In addition to her litigation practice, April advises clients on a full range of product liability and risk management issues. With a focus on chemical and consumer products, she counsels clients on issues that include product design and stewardship, labeling, failure and causation analysis, product recall, and regulatory compliance. With extensive experience defending product liability class actions, April strives to help clients develop strategies to avoid or mitigate the risk of future product-related litigation.

Representative Health Care Litigation Matters

April has represented insurers, managed care organizations, and managed behavioral health care organizations in class actions and multidistrict litigation proceedings in both federal and state courts, as well as in arbitration proceedings. Her experience includes RICO and ERISA litigation, payor/provider reimbursement disputes, litigation brought under state and federal mental health parity statutes, antitrust litigation, and challenges to federal regulatory action under the Administrative Procedures Act. She has also briefed health care issues as amicus curiae before intermediate appellate courts and the U.S. Supreme Court. Recent matters include:

  • Representing a major behavioral health plan in nationwide putative ERISA class action litigation challenging denials of coverage for wilderness treatment.
  • Representing Blue Cross and Blue Shield companies in MDL national and statewide class actions asserting antitrust claims.
  • Representing through trial a major behavioral health plan in ERISA class action litigation challenging residential and outpatient utilization management guidelines.
  • Defeating class certification on behalf of a major behavioral health plan in an action alleging violation of California’s mental health parity, antidiscrimination, and unfair competition laws relating to the plan’s utilization review processes. Denial of class certification was affirmed by the California Court of Appeal.
  • Achieving dismissal of all claims against Blue Cross and Blue Shield companies in MDL national and statewide class actions involving provider payment practices.
  • Successfully defending managed care companies against third-party subpoenas seeking proprietary data.
  • Briefing the scope of the Medicare Secondary Payer Act’s private cause of action before the Sixth Circuit as amicus curiae on behalf of a Medicare Advantage plan sponsor.

April earned her J.D. with high honors from Duke University School of Law and her B.A. in molecular and cell biology from the University of California at Berkeley. Prior to attending law school, April worked as a molecular biologist for a biotechnology company, focusing on drug development research for neurobiological diseases. She has co-authored four papers published in peer-reviewed scientific journals.

April is a member of the District of Columbia Bar and the North Carolina State Bar and is admitted to practice before various federal courts, including the U.S. Courts of Appeals for the Third, Fourth and Sixth Circuits and the U.S. District Courts for the District of Columbia and the Eastern District of Michigan.



Affiliations

Admitted to practice: District of Columbia, North Carolina



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Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Jan.04.2016 Crowell & Moring Elects Nine New Partners and Promotes 15 Associates to Counsel
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Jan.26.2012 Crowell & Moring Elects Seven New Partners and Promotes 22 Attorneys to Counsel Positions