April Ross is vice-chair of Crowell & Moring's Mass Tort, Product, and Consumer Litigation Group and a partner in the Washington, D.C. office. April frequently defends Fortune 500 companies against multi-jurisdictional consumer class actions, product liability actions, and mass tort actions. She has managed more than 50 class action matters, including defending a certified class action through trial, and has served as lead counsel in numerous MDL proceedings. April represents clients in a range of industries, with a particular focus on 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. Chambers USA 2022 ranked the firm’s Mass Tort group in its Highly Regarded ranking, and April has been selected by her peers in Washington, D.C. Super Lawyers as a “Top Rated Class Action & Mass Torts Attorney.”
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
Professional Activities and Memberships
- Member, Law360 Transportation Editorial Board, 2021
Representative Matters
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.
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.
Insights
Speeches & Presentations
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"Navigating Risk As Businesses Expand and Reopen – Anticipating Day One Issues and Beyond," Crowell & Moring Webinar
(April 24, 2020).
Presenters: Trina Fairley Barlow, John Fuson, April Nelson Ross, Rebecca L. Springer, and Katie Erno.
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"Cosmetics In the Crosshairs - The Upward Trend in Cosmetic Product Litigation," Personal Care Products Council's 2017 Legal and Regulatory Conference, San Diego, CA
(May 10, 2017).
Presenter: April Nelson Ross.
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"Food Labeling Class Actions and Strategies for Dealing with and Preventing Litigation," FDLI’s Food Advertising Conference, New York, NY
(October 8, 2014).
Panelist: April Nelson Ross.
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"Third Thursday--C&M's April Labor & Employment Update: Comcast v. Behrend," Webinar
(April 18, 2013).
Presenters: Thomas P. Gies, Mark A. Romeo, Shari Ross Lahlou, and April Nelson Ross.
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"Class Action Settlements: Shields and Swords," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS)
(April 26-27, 2010).
Presenters: Kathleen Taylor Sooy, Tracy A. Roman, and April Nelson Ross.
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"Arbitrating Managed Care Disputes," Crowell & Moring's 2007 Healthcare Ounce of Prevention Seminar (HOOPS)
(October 2007).
Co-Presenters: Kathleen Taylor Sooy, Tracy A. Roman, and April Nelson Ross.
Publications
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"Key 2021 Cases On Standing In Product Defect Class Actions," Law360
(January 6, 2022).
Authors: April Nelson Ross, Rachel Raphael, and Eryn Howington.
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"Product Liability – Up Next: The Personal Care and Cosmetics Industry," Crowell & Moring's Litigation Forecast 2017
(January 2017).
Contributor: April Ross.
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"Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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"Transportation — As Science Fiction Turns to Fact, Regulators Try to Keep Up," Crowell & Moring's Regulatory Forecast 2016
(January 2016).
Contributors: Gerald F. Murphy, Daniel T. Campbell, and April Nelson Ross.
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"Sixth Circuit Rules Provider Has Private Right of Action against NGHP Under Medicare Secondary Payer Act without Requiring Proof of Denial Based on Medicare Eligibility," Crowell & Moring's Health Law Blog
(July 21, 2014).
Author: April Nelson Ross.
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"Sixth Circuit Rules Provider Has Private Right of Action against NGHP Under Medicare Secondary Payer Act without Requiring Proof of Denial Based on Medicare Eligibility," Crowell & Moring's Health Law Blog
(July 21, 2014).
Author: April Nelson Ross.
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"Recent Developments In Toxic Torts and Environmental Law," Tort Trial & Insurance Practice Law Journal
(Fall 2011).
Co-Authors: Beth M. Kramer, Gloria Martinez Trattles, Jennifer E. Schlosser, April Nelson Ross, Joel D. Smith, Providence Spina, and Derek R. Mullins.
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"Recent Developments In Toxic Torts and Environmental Law," Tort Trial & Insurance Practice Law Journal
(Winter 2011).
Co-Authors: Beth M. Kramer, Scott L. Winkelman, Gloria Martinez Trattles, Jennifer E. Schlosser, April Nelson Ross, Joel D. Smith, Brandon G. Waggoner, and Brian J. Weber.
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"Recent Eighth Circuit Ruling Imposes Affirmative Duty On Generic Drug Manufacturers To Propose Label Changes Or Risk 'Failure To Warn' Lawsuits: Mensing v. Wyeth, Inc., et al.," Crowell & Moring Product Risk Management Alert
(December 4, 2009).
Co-Authors: Cathy L. Burgess and April Nelson Ross.
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Class Actions—the Evolution Continues
Client Alerts & Newsletters
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"The Supreme Court Rejects "Causation-Only" Test for Specific Jurisdiction,"
Mass Tort, Product, and Consumer Litigation Alert
(March 26, 2021).
Contacts: Rebecca Baden Chaney, April Nelson Ross, Clifford J. Zatz, Gloria Martinez Trattles
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"Does Bristol-Myers Squibb Apply to Nationwide Class Actions in Federal Court? The First Two Federal Circuits Weigh In,"
Mass Tort, Product, and Consumer Litigation Alert
(March 17, 2020).
Contacts: Clifford J. Zatz, April Nelson Ross, Gloria Martinez Trattles
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"Supreme Court Clarifies that Pending Class Actions Toll Only Individual Claims, Not Successive Class Actions: China Agritech, Inc. v. Resh,"
(June 12, 2018).
Contacts: April Nelson Ross, Jared Levine
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"Knocking Out Class Actions After Campbell-Ewald: Can Defendants Still Control Their Destiny?,"
Advertising & State AG Alert
(April 4, 2016).
Contacts: April Nelson Ross, Rebecca Baden Chaney
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"Supreme Court Rejects Attempt by Class Action Plaintiff to Plead Around Federal Court Jurisdiction,"
(March 22, 2013).
Contacts: Kathleen Taylor Sooy, Scott L. Winkelman, April Nelson Ross
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"President Signs Chinese Drywall Legislation,"
Advertising & State AG Alert
(January 15, 2013).
Contacts: Cheryl A. Falvey, April Nelson Ross
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"Recent Eighth Circuit Ruling Imposes Affirmative Duty On Generic Drug Manufacturers To Propose Label Changes Or Risk 'Failure To Warn' Lawsuits: Mensing v. Wyeth, Inc., et al.,"
Advertising & State AG Alert
(December 4, 2009).
Contact: April Nelson Ross
Press Coverage
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Mediator Left, No Hope To Settle, Say GM Engine Suit Litigants
August 29, 2022 — Daily Journal
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Crowell & Moring Hires Complex Litigation Partner In DC
August 22, 2022 — Law360
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Crowell Deepens DC Class-Actions Strengths
August 18, 2022 — Commercial Dispute Resolution
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Crowell Boosts Commercial Class Action And Financial Services Bench
August 17, 2022 — The National Law Journal
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GM Gets Most Claims Clipped In Oil-Guzzling Engine Suit
January 28, 2022 — Law360
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9th Circ. Snuffs Drivers' GM Corvette Engine-Defect Action
December 17, 2021 — Law360
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Transportation Cases To Watch In 2021
January 3, 2021 — Law360
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Transportation Group Of The Year: Crowell & Moring
December 18, 2020 — Law360
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Self-Effacing Judge Asks For Road Map In UnitedHealth Trial
October 16, 2017 — Law360
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Brace For Wave of Product Liability Litigation In 2017, Firm Says
January 30, 2017 — Australasian Lawyer
Firm News & Announcements