April N. Ross

April advises clients on product liability and risk management. Her mass tort, product, and consumer litigation experience includes defending clients in crisis management, consumer and product liability class actions, and environmental exposure mass actions. As a former molecular biologist focusing on chemical and consumer products, April also counsels clients on product design and stewardship, labeling, failure and causation analysis, product recall, and regulatory compliance.

As part of her healthcare litigation practice, April represents insurers, managed care organizations, and managed behavioral healthcare organizations in disputes including class actions and MDL in federal and state courts, as well as in arbitration. She has litigated RICO and ERISA matters, payor/provider reimbursement disputes, claims brought under state and federal mental health parity statutes, antitrust litigation, and challenges to federal regulatory action under the Administrative Procedure Act. She has also briefed healthcare issues as amicus curiae before intermediate appellate courts and the US Supreme Court.

Prior to joining Morgan Lewis, April was a partner at another international law firm.

• Defended a major automobile manufacturer in multiple consolidated nationwide class actions alleging vehicle performance defects, breach of warranty, fraud, and consumer protection claims, including through jury trial and on appeal
• Obtained dismissal with prejudice on behalf of a major automobile manufacturer in a putative class action alleging vehicle design defects
• Defended 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 class settlements
• Secured the dismissal of class actions alleging global warming for numerous coal companies in federal district and appellate courts, and before the US Supreme Court
• Represented a Class 1 railroad in a commercial dispute over allocation of liability under a trackage rights agreement
• Achieved dismissal on forum non conveniens grounds for a US component part manufacturer in MDL arising from the crash of Air France Flight 447
• Served as national coordinating counsel for a transportation client’s docket of diesel exhaust exposure litigation
• Represented a chemical manufacturer in a class action MDL alleging property damage from an herbicide product
• Defended a major behavioral health plan in nationwide putative ERISA class action litigation challenging denials of coverage for wilderness treatment
• Represented multiple health insurance companies in national and statewide MDL class actions asserting antitrust claims
• Defended through trial a major behavioral health plan in ERISA class action litigation challenging residential and outpatient utilization management guidelines
• Defeated 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
• Achieved dismissal of all claims against health insurance companies in national and statewide class action MDL involving provider payment practices
• Defended managed care companies against third-party subpoenas seeking proprietary data
• Briefed 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