Photo of Eric L. Samore

Eric L. Samore

Partner

Education

University of Wisconsin College of Law, J.D., 1981, Order of the Coif

University of Wisconsin, B.S., 1978, high honors

Admissions

Illinois

Eric’s mission is to prevent the class action procedure from abuse and misuse. The class action procedure was never intended to alter or enlarge substantive legal rights. He has defended more than 100 class action claims in more than fifteen different jurisdictions. He is a founding partner of SmithAmundsen, chair of the Class Action Practice Group, and a member of the Data Security & Breach Practice Group. Eric has defended putative class claims alleging a wide range of legal theories, including consumer fraud, product defect, contract breach, Telephone Consumer Protection Act (TCPA) and unauthorized release of personal data.

Eric secured a significant victory in an opinion authored by Judge Posner in the Seventh Circuit, raising the bar that plaintiffs’ counsel must clear in order to satisfy the adequacy requirement for class certification (Creative Montessori Learning Centers v. Ashford Gear, 662 F.3d 913 (7th Cir. 2011). He co-tried a class action to jury verdict and defense judgment in the Eastern District of Wisconsin. He has defended class actions on behalf of a billionaire, an international pharmaceutical company, a world retailer, an international publisher, the world’s biggest water company, a national food company, an international entertainment company, a technology company, a national educational nonprofit, among others.

Despite his commitment to the law, Eric’s greatest passion and pride springs from his wife Betsy and their four sons: Bill, a patent lawyer with a degree in electrical engineering; Wes, a pathology resident at Massachusetts General Hospital; Ted, a biomedical and software engineer; and, Ricky, a graduate student at the University of Chicago, Department of Statistics.

View Case List here.

Honors

  • Selected to Best Lawyers in America® in Mass Tort/Class Action Litigation: 2012, 2013, 2014, 2015, 2016, 2017
  • Selected to the Illinois Super Lawyers List: 2005, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016
  • Martindale-Hubbell AV® Preeminent™ rated
  • Selected by the Leading Lawyers Network as a "Leading Lawyer" in class action/mass tort defense law

Memberships & Involvement

  • Member: Illinois State Bar; DRI Class Action SLG Committee; DRI Food and Law Subcommittee; ACA International
  • Previous: Member, University of Wisconsin Law Review; Clerk, Honorable Allen Hartman of the Illinois Appellate Court, First District

Court Admissions: United States Supreme Court; U.S. Court of Appeals Third Circuit; U.S. Court of Appeals Sixth Circuit; U.S. Court of Appeals Seventh Circuit; U.S. Court of Appeals Eighth Circuit; U.S. Court of Appeals Ninth Circuit; U.S. Court of Appeals Eleventh Circuit; U.S. Court of Appeals, D.C. Circuit; U.S. District Court, Northern District of Indiana; U.S. District Court, Northern District of Illinois; U.S. District Court, Central District of Illinois; U.S. District Court, Southern District of Illinois; U.S. District Court, Western District of Michigan; U.S. District Court, Eastern District of Michigan; U.S District Court, Eastern District of Missouri; U.S. District Court, Western District of Wisconsin; and, U.S. District Court, Eastern District of Wisconsin.

Pro Hac Vice Admissions: Arizona, Maricopa County; U.S. District Court, District of Connecticut; U.S. District Court, Southern and Middle Districts of Florida; Florida: Lee County, Lake County; Florida Fifth District Court of Appeals; U.S. District Court, Northern District of Indiana; Indiana: Marion County, Lake County; U.S. District Court, District of Massachusetts; Missouri, St. Louis County; U.S District Court, Western District of North Carolina; U.S. District Court, District of New Mexico; U.S. District Court, Eastern District of Pennsylvania; U.S District Court, Southern and Northern Districts of Ohio;  U.S. District Court, Northern District West Virginia; Wisconsin: Milwaukee County, Portage County; Washington DC; and US District Court, Eastern District of Washington.

Experience

  • Achieved a victory from Judge Posner for the Seventh Circuit, raising the bar that the plaintiffs’ counsel must clear in order to satisfy the adequacy requirement for class certification
  • Won opinion from Eleventh Circuit holding that while the class searched for an adequate plaintiff, class allegations were not tolled by the previous lawsuit against the same defendant and same legal theory
  • Won judgment in favor of a national testing agency and against plaintiffs who alleged a putative class of 16 million persons, claiming that their personal identifiable information had been sold without authorization 
  • Recommended unconventional class action defense strategy in 2010, filing a petition before the Federal Communications Commission for relief from an agency regulation, which resulted in an order in 2014 granting pharmaceutical client retroactive relief from the regulation (Thereafter, more than 150 similar FCC petitions were filed by other companies)
  • Won appeal before the Illinois Appellate Court, which held for the first time that a defendant who hired the fax broadcaster was not liable, since it had exceeded its authority
  • Defeated class certification on grounds that individual fact questions predominated in a mass tort lawsuit that was filed by 100 residents who sued the private operator of the Milwaukee Metropolitan Sewerage District

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