Douglas J. McNamara litigates complex, multi-state class action lawsuits against manufacturers and consumer service providers such as banks, insurers, credit card companies and others. As a tireless advocate for consumers, he has worked on numerous cases involving data breaches, dangerous pharmaceuticals and medical devices, light cigarettes, defective consumer products, and environmental torts.
Doug has been involved in precedent-setting cases that tackled issues of preemption, choice of law, and class certification. He is a hands-on litigator who takes pleasure in the details, facts, and documents of each case.
Prior to joining Cohen Milstein in 2001, Doug was a litigation associate at an international defense firm, specializing in pharmaceutical and product liability cases. He started his career at New York City’s Legal Aid Society, defending indigent criminal defendants at trial and on appeal.
- American Association for Justice
- Board Member, Law360 Editorial Advisory Board Cybersecurity & Privacy (2022)
- Adjunct Professor, George Washington University School of Law
- Member, Sedona Conference Data Security and Privacy Liability – Working Group 11
- Attorney, Legal Aid Society, New York City
- District of Columbia
- New York
- New York University School of Law, J.D., 1995
- University at Albany - State University of New York, B.A., summa cum laude, Departmental Honors, 1992
Current Cases
General Motors Litigation
General Motors Litigation (E.D. Mich.): Cohen Milstein, as court-appointed Lead Counsel and Plaintiff Steering Committee Chair, represents a certified class of consumers in more than 25 states who purchased or leased new and used vehicles manufactured by GM in a consolidated breach of warranty and deceptive and fraudulent business practices class action against GM. Plaintiffs bring their claims under state consumer protection statutes and express and implied warranty law of their respective states, related to GM's manufacture and sale of defective eight-speed automatic transmissions (GM 8L90 or the 8L45), manufactured by between 2015 and 2019.
In re MGM Resorts International Data Breach Litigation
In re MGM Resorts International Data Breach Litigation (D. Nev.): On February 1, 2021, Cohen Milstein’s Douglas J. McNamara was appointed Co-Lead Interim Class Counsel in this consolidated data breach class action against MGM Resorts for failing to implement reasonable data security practices, thereby allowing the personal information of between 10.6 million and 142 million MGM hotel guests and customers to be stolen on or about July 7, 2019.
In re Blackbaud, Inc., Customer Data Breach Litigation
In re Blackbaud, Inc., Customer Data Breach Litigation (D.S.C.): On February 16, 2021, Cohen Milstein was appointed to the Plaintiffs’ Steering Committee in this data breach class action in which Plaintiffs claim that Blackbaud failed to take reasonable steps to prevent a data beach, starting in February 2020, and failed to promptly or accurately provide notice of the data breach to those affected.
In re Marriott International Inc. Customer Data Security Breach Litigation
In re Marriott International Inc. Customer Data Security Breach Litigation (D. Md.): Cohen Milstein serves as Co-Lead Counsel to oversee a putative nationwide class action related to the data breach of personal information of nearly 400 million customers of Starwood-branded hotels, subsequently acquired by Marriott in 2016, making it one of the largest data breaches in U.S. history.
Baus, et al. v. Ford Motor Company
Baus, et al. v. Ford Motor Company (E.D. Mich.): Cohen Milstein represents plaintiffs who purchased or leased vehicles manufactured by Ford Motor Company in a consolidated breach of warranty and deceptive and fraudulent business practices class action against Ford Motor Company. Plaintiffs bring their claims under the Magnuson Moss Warranty Act and the consumer fraud statutes of their respective states, related to Ford’s manufacture and sale of defective Ford F-150 pickup trucks, Model Years 2018-2020 equipped with 5.0L engines.
Past Cases
In re Lumber Liquidators Chinese-Manufactured Laminate Flooring Products Marketing, Sales Practices and Products Liability Litigation
In re Lumber Liquidators Chinese-Manufactured Laminate Flooring Products Marketing, Sales Practices and Products Liability Litigation (E.D. Va.): Cohen Milstein is co-lead counsel in a consumer class action lawsuit, alleging the nationwide retailer sold Chinese-made laminate flooring containing hazardous levels of the carcinogen formaldehyde while falsely labeling their products as meeting or exceeding California emissions standards, a story that was profiled twice on 60 Minutes in 2015. On October 9, 2018, the Court granted final approval of a $36 million settlement. Mr. McNamara was involved in all aspects of the litigation, including discovery, writing and arguing pleadings, and settlement.
Khoday et al v. Symantec Corp. et al.
Khoday et al. v. Symantec Corp. et al. (D. Minn.): Cohen Milstein was lead counsel in a nationwide class action involving the marketing to consumers of a re-download service in conjunction with the sale of Norton software. In April 2016, the case settled in a $60 million all-cash deal a month before it was to go to trial – one of the most significant consumer settlements in years. Douglas McNamara was involved in all aspects of the case, from managing the litigation to overseeing a staff of contract attorneys to settlement discussions.
Caterpillar, Inc. Engine Products Liability Litigation
Caterpillar Product Liability Litigation (D.N.J.): Cohen Milstein was co-lead counsel in a nationwide product liability class action lawsuit alleging Caterpillar sold diesel engines with defective exhaust emissions system that resulted in power losses and shutdowns. The case was settled in September 2016 for $60 million.
Herrera et al v. JFK Medical Center Limited Partnership and HCA, Inc.
Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein was lead counsel in a class action lawsuit alleging that four Florida plaintiffs and others like them were billed inflated and exorbitant fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection insurance. When the district court struck plaintiffs’ class claims, Ms. Martin successfully petitioned the Eleventh Circuit Court of Appeals to accept immediate appellate review and obtained a reversal of the district court’s order. Cohen Milstein resolved the case and secured final approval of a $220 million injunctive relief settlement.
In Re: Apple Inc. Device Performance Litigation
In re Apple Inc. Device Performance Litigation (N.D. Cal.): On March 17, 2021, the Court granted final approval of a $500 million settlement fund, which the Court called one of the largest class action settlements in the Ninth Circuit. Apple will use the fund to pay impacted owners of Apple’s iPhone SE, 6, 6 Plus, 6s, 6s Plus, 7, and 7 Plus who claimed that Apple failed to disclose material information about Apple’s iOS software operating system updates. Douglas McNamara was appointed to the Plaintiffs’ Steering Committee and was co-chair of the Expert Committee.
NAACP DACA Litigation
Department of Homeland Security, et al. v. Regents of the University of California, et al. (S. Ct. No. 18-587): On June 18, 2020, the Supreme Court blocked the Trump Administration’s plan to rescind the Deferred Action for Childhood Arrivals (DACA) program, preserving immigration protections for approximately 650,000 current DACA recipients and opening the door for at least 130,000 new applicants to seek the protections afforded by DACA. Cohen Milstein represented the National Association for the Advancement of Colored People, the United Food & Commercial Workers International Union and the American Federation of Teachers in one of three cases consolidated before the Supreme Court.
Investigations
AT&T Data Breach Investigation
ATTORNEY ADVERTISING MATERIAL Recently, AT&T announced a data breach of approximately 7.6 million current customers and approximately 65.4 million former account holders. The data compromised may include full names, email addresses, mailing addresses, phone numbers, dates of birth and AT&T account numbers, Social Security Numbers and four-digit passcodes (PINS). AT&T claims the impacted data is […]
- Lawdragon 500 Leading Plaintiff Consumer Lawyers (2023)
April 17, 2024
Second Class Action Filed Against General Motors for Defective Transmissions
Purchasers of new and used GM vehicles manufactured between 2015 – 2019 equipped with GM’s 8-speed transmission filed a product defect and consumer protection class action against GM for an alleged defective transmission design of GM’s Hydra-Matic 8L90 transmission or Hydra-Matic 8L45 transmission, which causes vehicles to suddenly lurch forward, shudder, and experience significant delays in acceleration. The plaintiffs in ten states claim GM was aware of the transmission defects that pose safety risks to drivers and passengers.
Press Releases | Cohen Milstein
April 4, 2024
AT&T Sued Over Data Breach of 70 Million Customers Personal Information
On April 3, 2024, two plaintiffs filed a class action suit against AT&T on behalf of themselves and 70 million current and former AT&T customers after an immense data breach leaked their names, addresses, phone numbers, Social Security numbers, PINs, and dates of birth.
Press Releases | Cohen Milstein
January 22, 2024
Cohen Milstein Appointed to MOVEit Data Breach Litigation Leadership Team
On January 19, 2024, The Honorable Allison D. Burroughs of the United States District Court for the District of Massachusetts appointed Douglas J. McNamara, head of Cohen Milstein’s Data Breach & Cybersecurity Litigation team, as one of five co-leads, to oversee In Re: MOVEit Customer Data Security Breach Litigation. The multidistrict litigation (MDL) involves dozens of class actions from around the country regarding a massive data breach which impacted more than 2,500 organizations and more than 67 million individuals worldwide.
Press Releases | Cohen Milstein
October 5, 2023
NC Residents Get Class Cert. In Chemours, DuPont PFAS Suit
A North Carolina federal judge granted class certification to a suit claiming the Chemours Co. and DuPont discharged wastewater containing PFAS and GenX chemicals, also known as “forever chemicals,” into the Cape Fear River, exposing as many as 100,000 residents to the toxic substances. The consolidated lawsuit claims that E.I. du Pont de Nemours & […]
In the News | Law360
March 23, 2023
Mich. Judge Sends GM Transmission Dispute To Arbitration
A Michigan federal judge has sent a proposed class’s claims that they purchased General Motor vehicles with a defective transmission to arbitration, agreeing with the auto giant that the buyers signed paperwork that included an arbitration clause. U.S. District Judge David M. Lawson said Tuesday that the plaintiffs in the proposed class action signed agreements, […]
In the News | Law360
March 21, 2023
GM Drivers Win Class Status in Suits Over Bucking Transmission
Common Issues Dominate; Classwide Damages Method Shown Affected models include Camaro, Escalade, Silverado, Yukon General Motors LLC must faces class actions by drivers in 26 states who allege flawed transmissions made their vehicles “slip, buck, kick, jerk and harshly engage.” At issue are certain 2015-2019 GM cars and trucks equipped with Hydra-Matic 8L90 and 8L45 […]
In the News | Bloomberg Law
March 20, 2023
Judge Grants Class Action Status in GM Faulty Transmission Lawsuit
A judge has granted class action certification to a lawsuit involving 39 plaintiffs across 26 states — including Michigan — that accuses General Motors of knowingly selling cars with faulty transmissions. On Monday, David Lawson, U.S. District judge for the Eastern District of Michigan, granted class certification in the case of Speerly vs. GM, which […]
In the News | Detroit Free Press
March 20, 2023
Federal Judge Certifies Massive Class Action Lawsuit Against General Motors in Transmission Defect Case
Plaintiffs in 26 States Claim General Motors Was Aware of Transmission Defect That Poses Safety Risk to Drivers and Passengers More than 800,000 Owners of 8-Speed Automatic Transmission Cars Manufactured Between 2015 and March 1, 2019 Are Covered by Certified Classes DETROIT, Mich. – United States District Judge, for the Eastern District of Michigan, David […]
Press Releases | Cohen Milstein
November 2, 2022
What to Do if Your Healthcare Data is Breached
As the conveniences of electronic health records and data storage increase, so does the risk for personal information to be compromised and potentially used for nefarious means. According to the HIPAA Journal, between 2009 and 2021, “4,419 healthcare data breaches of 500 or more records” have occurred, “resulting in the loss, theft, exposure, or impermissible […]
In the News | PatientPower
July 7, 2022
“Md. Judge OKs $7M T. Rowe Price ERISA Settlement”
A Maryland federal judge gave the final stamp of approval to a $7 million settlement between T. Rowe Price and a group of retirees who claimed the company mismanaged their retirement savings, after the judge had asked them to limit the scope of the pact. U.S. District Judge James K. Bredar in an order on […]
In the News | Law360
May 5, 2022
Federal Judge Rules Marriott Data Breach Class Action May Proceed
Consumers might be able to recover damages for the inherent value of their personal information stolen during the breach based upon Marriott’s own valuation of that same data. A federal judge in Maryland has granted class certification in a data breach impacting over 133 million American consumers against hotel chain Marriott and its data security […]
In the News | Hospitality Technology
May 5, 2022
Federal Judge Rules Massive Marriott Data Breach Class Action May Proceed
Claims about company’s lax data security, which led to breach that impacted over 133 million guest records, moving forward on behalf of nearly 45 million consumers as a certified class GREENBELT, Md.– A federal judge in Maryland has granted class certification in a data breach impacting over 133 million American consumers against hotel chain […]
Press Releases
August 13, 2021
Blackbaud Can’t Ditch Calif. Privacy Claim in Data Breach Suit
A South Carolina federal judge on Thursday axed several state consumer protection and breach reporting law claims from a consolidated putative class action accusing Blackbaud Inc. of failing to do enough to prevent a massive 2020 ransomware attack, while allowing allegations under California’s novel Consumer Privacy Act to move forward. In a 33-page ruling, U.S. […]
In the News | Law360
August 4, 2021
Guests Slam MGM Resorts’ Attempt to Toss Data Breach Suit
A proposed consumer class has opposed MGM Resorts’ bid to dismiss a suit over a data breach that exposed the personal information of 10.6 million guests, telling a Nevada federal court that the company argues wrongly that the consumers fall short in claiming negligence and harm. The consumers argued that MGM Resorts International failed to […]
In the News | Law360
June 18, 2020
Law360’s Weekly Verdict: Legal Lions & Lambs: DACA
In another win at the U.S. Supreme Court, the justices on Thursday blocked the Trump administration from terminating the Deferred Action for Childhood Arrivals program, preserving protections for hundreds of thousands of young unauthorized immigrants and landing their attorneys at the New York Attorney General’s Office, California Attorney General’s Office, Jenner & Block LLP, Covington […]
In the News
June 18, 2020
“Supreme Court Blocks Trump’s Bid to End DACA, a Win for Undocumented ‘Dreamers,’” The Washington Post
The Supreme Court on Thursday rejected the Trump administration’s attempt to dismantle the program protecting undocumented immigrants brought to the country as children, a reprieve for nearly 650,000 recipients known as “dreamers.” The 5 to 4 decision was written by Chief Justice John G. Roberts Jr. and joined by the court’s four liberals. It was […]
In the News
January 15, 2020
Equifax Data Breach Settlement Is a Good Deal, Judge Says
A landmark data breach deal that requires Equifax to pay up to $425 million to consumers provides valuable monetary and injunctive benefits that “likely exceed” what class members could have achieved at trial, a Georgia federal judge said in a lengthy ruling explaining why he approved the contested settlement. In a 122-page opinion issued on […]
In the News | Law360
December 11, 2019
When Conjoint Analysis Is Not Enough for a Damage Model
Since 2006, plaintiffs seeking to demonstrate class-wide damages in consumer fraud actions have often used conjoint analysis.[1] But recently some conjoint-based damage models have faced judicial rejection. According to these decisions, while conjoint surveys can provide a reliable average as to the impact on demand from a corrected disclosure, they cannot alone provide the fair […]
Articles | Law360
January 10, 2019
Data Breach Class Action Powerhouses Team Up to File First, Fifty-State Lawsuit Against Marriott in Wake of Disastrous Data Breach
National class action law firms DiCello Levitt; Hausfeld; Cohen Milstein Sellers & Toll; Cohen & Gresser; and Kramon & Graham have teamed up to file the nation’s largest class action complaint against Marriott (NASDAQ: MAR) following a massive, long-running data breach at the company. With 176 Plaintiffs from all fifty states, the District of Columbia, […]
In the News | Associated Press
June 2, 2016
Carriuolo v. GM and the Future of the Overcharge Theory
In Carriuolo v. General Motors Corp., the Eleventh Circuit affirmed class certification for consumers alleging that inaccurate safety ratings on Cadillacs permitted General Motors to obtain “a price premium” or “overcharge,” thereby establishing the causation element of Florida’s consumer fraud statute. Under an overcharge theory, the consumers claim that because the fraud permitted the seller to […]
Articles | Law360
June 20, 2014
Reexamining the Seventh Amendment Argument Against Issue Certification
Dougls J. McNamara co-authored, “Reexamining the Seventh Amendment Argument Against Issue Certification,” 34 Pace Law Review, 1041 (2014), along with Blake Boghosian, George Washington University Law School, and Leila Aminpour, Consumer Financial Protection Bureau. Issue certification is a controversial means of handling aggregate claims in Federal Courts. Federal Rule of Civil Procedure (“FRCP”) 23(c)(4) provides […]
Articles | Pace Law Review