ERIC MATTSON is a class action defense lawyer whose practice focuses on the defense of consumer fraud, RICO, ERISA and Telephone Consumer Protection Act (TCPA) class actions. He also has extensive experience with media law and the defense of educational institutions. Eric has argued motions, tried cases, and handled appeals in venues across the country; he also serves as the co-leader of Sidley’s Consumer Class Actions practice area.
Recent notable cases include:
- Pincus v. Speedpay, Inc., No. 17-13077 (11th Cir. 2018). Eric represented Speedpay, Inc. in a class action in which the plaintiff alleged that Speedpay acted as an unlicensed “money transmitter” in violation of Florida law. The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of our client.
- Chicago Tribune Co. v. Cook County Assessor’s Office, 2018 IL App (1st) 170455. In a high profile case, Eric represented the owner of the Chicago Tribune in a Freedom of Information Act (FOIA) lawsuit the newspaper brought against the Cook County Assessor’s Office. The lawsuit sought to compel the release of records the Assessor’s Office uses when calculating property values for property tax purposes. A state appeals court affirmed a decision ordering the release of the records and rejected defendant’s argument that the records qualified for FOIA’s “deliberative process” exemption. The court also upheld the award of attorneys’ fees in favor of the Chicago Tribune.
- McCaffree v. Principal Life Ins. Co. (8th Cir. 2016). Eric argued the appeal in this class action alleging that a retirement plan service provider violated fiduciary duties under ERISA. The Eighth Circuit affirmed the judgment in favor of our client, rejecting plaintiff’s theories of fiduciary status and creating helpful precedent for defendants regarding the need to show a “nexus” between the alleged violations and the actions leading to the defendant’s status as an alleged fiduciary.
- Leimkuehler v. American United Life Insurance Co., 713 F.3d 905 (7th Cir. 2013). Eric argued the motion for summary judgment and argued the appeal in this class action alleging that “revenue sharing” violates ERISA. The Seventh Circuit affirmed the judgment in favor of our client, rejecting plaintiff’s theories of fiduciary status under ERISA as well as another, novel theory of fiduciary status offered by the Department of Labor.
- Jamison v. First Credit Services, Inc., 290 F.R.D. 92 (N.D. Ill. 2013), reconsideration denied, 2013 WL 3872171 (N.D. Ill. July 29, 2013). Eric represented one of the defendants in a class action under the Telephone Consumer Protection Act. The district court agreed with our arguments and denied plaintiff’s motion for class certification.
- Matthews v. American Honda Motor Co., No. 12-cv-60630, 2012 WL 2520675 (S.D. Fla. June 6, 2012). Eric represented the defendant in a consumer fraud class action alleging that our client sold cars with defective paint jobs. The court granted our motion to dismiss, and plaintiff elected not to appeal.
- Rowe v. Bankers Life and Casualty Co., No. 09-cv-491, 2012 WL 1068754 & 2013 WL 1245555 (N.D. Ill. Mar. 29, 2012 and Mar. 26, 2013). Eric represented the defendant in a RICO class action alleging fraud in the sale of annuities to senior citizens. The court denied plaintiff’s motion for certification of a nationwide class. After further briefing, the court granted partial summary judgment in favor of our client and denied a second motion for class certification.
Admissions & Certifications
- U.S. Court of Federal Claims
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. Court of Appeals, 3rd Circuit
- U.S. Court of Appeals, 4th Circuit
- U.S. Court of Appeals, 6th Circuit
- U.S. Court of Appeals, 7th Circuit
- U.S. Court of Appeals, 8th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 11th Circuit
- U.S. District Court, N.D. of Alabama
- U.S. District Court, District of Colorado
- U.S. District Court, N.D. of Illinois - General
- U.S. District Court, N.D. of Illinois - Trial Bar
- U.S. District Court, C.D. of Illinois
- U.S. District Court, S.D. of Illinois
- U.S. District Court, E.D. of Michigan
- U.S. District Court, W.D. of Michigan
- Northwestern School of Law, J.D., 1994 (cum laude)
- University of Michigan, A.B., 1987 (with distinction)