- Meet Lynn
Lynn A. Toops is a class action attorney who concentrates her practice on complex litigation on a local and national scale. She fights for consumers, businesses, and municipalities who have been harmed by a practice, scam, or event that has affected many others in a similar manner.
Lynn is currently representing numerous consumers who were charged improper fees by their bank or credit union, such as overdraft fees, multiple insufficient fund fees, ATM balance inquiry fees, out of network ATM fees, and immediate funds availability fees. She is also currently representing cities and counties across the State of Indiana in battling the opioid prescription epidemic via litigation against manufacturers and distributors of prescription opioids.
She frequently serves in national leadership roles on behalf of the Cohen & Malad, LLP, class action team in a variety of lawsuits, including data breach lawsuits.
Lynn was recognized by the Indiana Trial Lawyers Association as the Consumer Advocate of the Year based for her work on behalf of Hoosier families that adopted special needs children out of foster care that were not paid an adoption subsidy that Indiana’s Department of Child Services had promised to pay to the families. Lynn was able to quickly resolve the case. The Department of Child Services agreed to pay tens of millions of dollars in past and future adoption subsidy payments to the families.
Lynn has been named to the Thomson Reuters Indiana Super Lawyers Rising Star list every year since 2011. She has also been recognized by U.S. News Best Lawyers for her class action work for several years. Lynn is a frequent author and speaker on various issues concerning class action and complex litigation.
Lynn was featured on Ring of Fire Radio and discussed the class action lawsuit Moss v. Indiana Department of Child Services. Click play to hear what Lynn had to say about how she helped Indiana adoptive families get justice.
- Lynn’s experience in litigating class action claims includes:
- Consumer Protection
- Products Liability
- Civil Rights
- Wage and Hour
- False Advertising
- Data Security and Privacy
- Lynn’s experience in litigating class action claims includes:
- Practice Areas
- Class Action
- Business Services, Real Estate & Business Litigation
- Education and Awards
J.D., Indiana University School of Law – Indianapolis, 2006
- Summa Cum Laude
- Student Note Editor, Indiana International & Comparative Law Review
- Order of the Barristers, Staton Intramural Moot Court Competition
- Competitor, American Bar Association National Appellate Advocacy Competition
- Assistant Chief Justice, Moot Court Board
B.S., Illinois State University, 2003
- Summa Cum Laude
- Named “Outstanding Senior in Management” and “Outstanding Senior in Entrepreneurship”
AWARDS & HONORSIndiana Super Lawyers Rising Star, Thomson Reuters 2011-2019Indiana Trial Lawyers Association, 2015 Consumer Advocate of the Year
- Professional Memberships
PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS
Indiana State Bar Association
- Member Since: 2006
Indianapolis Bar Association
- Member Since: 2006
Indiana Trial Lawyers Association (ITLA)
- Member Since: 2014
American Association for Justice (AAJ)
- Member Since: 2015
JURISDICTIONS ADMITTED TO PRACTICE
- Indiana, 2006
- U.S. District Court, Southern District of Indiana, 2006
- U.S. District Court, Northern District of Indiana, 2006
- United States Court of Appeals for the Seventh Circuit, 2010
- United States Court of Appeals for the Ninth Circuit, 2012
- United States District Court, Southern District of Illinois, 2018
- United States District Court, Eastern District of Michigan, 2018
- United States District Court, Northern District of Illinois, 2018
- United States District Court, Central District of Illinois, 2019
- Featured Cases and Articles
FEATURED CASES & MATTERS
Moss v. Indiana Department of Child Services, No. 46D02-1406-PL-1025 (LaPorte Superior Court)
- Lynn worked on the team representing Hoosier families that adopted special needs children out of DCS foster care who alleged that DCS failed to pay an adoption subsidy allegedly promised in a State Adoption Subsidy contract DCS entered into with the families. The case settled with DCS agreeing to provide $15.1 million to more than 1,800 children who were adopted from DCS’s foster care system. The settlement provides funds for adoptive parents of children who were on the state adoption subsidy waitlist between January 1, 2009 and June 30, 2014.
Raab v. R. Scott Waddell et al., No. 49D12-1303-PL-008769 (Marion Superior Court)
- Lynn worked on the team representing Indiana drivers who had been systematically overcharged by the Indiana Bureau of Motor Vehicles for driver’s licenses. Achieved a $30 million recovery providing either credits or refund checks to over 4 million drivers in amounts that equaled the agreed overcharge amounts.
Wilmoth v. Celadon Trucking Services, Inc., No. 46D07-1310-PL-036806 (Marion Super. Ct. Apr. 23, 2014).
- Lynn was appointed class counsel and obtained a summary judgment for the class in a class action lawsuit on behalf of owner-operators of long-haul trucks seeking the return of millions of dollars in allegedly improper withholdings from their compensation. The class action lawsuit asserted that Celadon breached its Contractor Operating Agreement with the owner-operators by deducting from their compensation more in fuel charges than Celadon paid to Pilot Flying J for those fuel charges because Celadon had a deal with Pilot Flying J that Celadon would only pay a lower “discount price” for fuel purchased by the owner-operators. The lawsuit also asserts that despite only paying Pilot Flying J the lower discount price for the fuel, Celadon withheld from the drivers’ compensation the higher price “pump price” of the fuel. The Indiana Court of Appeals affirmed the trial court in an opinion you can read here.
Warren v. Town of Speedway, 2013 WL 6729655 (S.D. Ind. Dec. 19, 2013).
- Lynn was appointed class counsel and achieved a settlement in a class action lawsuit on behalf of taxi operators who had their taxi operator licenses seized by Town of Speedway employees on Indianapolis 500 race day. The lawsuit asserted that the actions of the Speedway Police Department constituted conversion and violated the Fourth and Fourteenth Amendments to the United States Constitution because seizure of the permits was not warranted, justified or reasonable, and violated due process. The lawsuit requested damages for the taxi drivers’ missed work time because the drivers were deprived of the possession of their taxi permits for several days.
Roberts v. Wells Fargo Bank, 2013 WL 1233268 (S.D. Ga. Mar. 27, 2013).
- Lynn represented a homeowner that brought a class action lawsuit against Wells Fargo, American Securities Insurance Company, and Assurant. The lawsuit alleged that Wells Fargo force-placed insurance on her property and charged excessively high premiums to the homeowner in violation of the mortgage contract. The Southern District of Georgia found that the lawsuit involved unsettled questions of Georgia law surrounding the applicability of the filed-rate doctrine in the insurance rate setting context and certified a question to the Supreme Court of Georgia.
Selburg v. Virtuoso Sourcing Group, 2012 WL 4514152 (S.D. Ind. Sept. 29, 2012).
- Lynn was appointed class counsel in a class action lawsuit on behalf of thousands of individuals that received a debt collection letter from Virtuoso Sourcing Group. The lawsuit alleged that the debt collection letter violated the Fair Debt Collection Practices Act because it failed to identify the creditor to whom the debt was allegedly owed. The lawsuit requested damages under the Act for the class of individuals that received the debt collection letter.
Goldberg v. Farno, 953 N.E.2d 1244 (Ind. Ct. App. 2011).
- Lynn worked on a team representing the plaintiff in a class action on behalf of Indiana residents who had prepaid for cemetery goods and services and whose money was looted from trusts designed to ensure the goods could be purchased and provided at death. The trial court approved a class-action settlement that put millions of dollars back into the trusts, and one of the non-settling defendants appealed. In a matter of first impression, the Court of Appeals held that a non-settling defendant has no standing to appeal a settlement unless he can show “plain legal prejudice” to his rights, which is more than an injury-in-fact.
Wilson v. AT&T Inc., 2010 WL 987737 (S.D. Ind. Mar. 12, 2010).
- Lynn was one of the lawyers that represented a retired employee of AT&T that brought ERISA claims against AT&T and Fidelity Employer Services. The lawsuit alleged that the defendants failed to honor pension plan terms, as described by the plan administrator and a retirement services coordinator in a report presented to the employee. The lawsuit alleged that after the employee signed the paperwork accepting the benefits stated in the report, and as required for accepting the benefits, she terminated her employment with AT&T. The lawsuit alleges that later, the Plan Administrator notified the now former employee that the report was erroneously calculated and that her benefits would be substantially reduced. The lawsuit alleges that after receiving this news, the retired employee requested that AT&T reemploy her, but AT&T instead allegedly informed the retired employee that she should not have relied on the report in deciding to retire and that her job had been terminated and she could not be reemployed. The Southern District of Indiana ruled that the retired employee stated a claim against AT&T and Fidelity under an ERISA estoppel theory.
- When Private Information Becomes Anything But: An Overview of Privacy Litigation and Protecting Privacy Rights– Lynn A. Toops and Eric Coleman, Verdict Magazine Vol. 37 No. 3; 2016
- Religious Accommodations for Police Officers: A Comparative Analysis of Religious Accommodation Law in the United States, Canada, and the United Kingdom– Indiana International & Comparative Law Review; 2005