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Melissa L. Yeates

Partner

D   484.270.1409
F   610.667.7056

Melissa L. Yeates is a Partner in the Firm’s Fiduciary, Consumer Protection, and Antitrust Group. A seasoned litigator with nearly two decades of experience litigating in federal courts nationwide, Ms. Yeates manages and litigates complex class action litigation, with a focus on consumer fraud, unfair trade practices, breach of contract and implied duties, warranty, and antitrust actions.

Melissa has played a leading role in the Firm’s successful litigation of claims against numerous large corporations accused of defrauding consumers and engaging in anticompetitive conduct. Her practice has also focused on new matter development, including the investigation and analysis of consumer fraud, antitrust, and securities matters. Prior to joining the Firm, Melissa clerked for the Honorable Stanley S. Brotman in the District of New Jersey and defended corporations in complex commercial, antitrust, product liability, and patent matters. Ms. Yeate's 12 years of experience as a litigator at large defense firms makes her uniquely suited to evaluate potential claims, develop litigation strategy, and negotiate cooperatively and effectively with defense counsel. Ms. Yeate currently represents consumers and entities in class action litigation against, among others, General Motors Company, FCA US LLC, Toyota Motor Corporation, Bank of Nova Scotia, Netflix, Hulu, State Farm Mutual Automobile Insurance Company, and the federal government.

Memberships

  • American Bar Association
  • Delaware Bar Association

Community Involvement

Melissa has a strong commitment to pro bono work and has volunteered for the Office of the Child Advocate, Philadelphia Reads and Delaware Volunteer Legal Services.  She is an active supporter of the Make-A-Wish Foundation and Story Changers, an organization which helps African children receive an education, daily meals, medical aid and emotional support.

Awards/Rankings

  • Lawdragon 500 Leading Plaintiff Financial Lawyer, 2019-2021
  • Law Clerk for The Honorable Stanley S. Brotman, United States District Court for the District of New Jersey
Experience

Current Cases

  • CASE CAPTION Borough of Longport and Township of Irvington v. Netflix, Inc. and Hulu, LLC
    COURT United States District Court for the District of New Jersey
    CASE NUMBER 21-cv-15303-SRC
    JUDGE Stanley R. Chesler
    PLAINTIFF Borough of Longport and Township of Irvington
    DEFENDANTS Netflix, Inc. and Hulu, LLC

    Plaintiffs filed a Class Action Complaint on August 13, 2021 alleging that, as providers of video programming and cable television service, Defendants were required to file an application for “individual certificates of approval or a system-wide franchise[.]” See N.J. Stat. Ann. § 48:5A-16. Defendants failed to apply for and obtain certificates of approval and municipal consents and/or a system-wide franchise. Defendants are providing cable television service throughout New Jersey without authorization, and in contravention of the New Jersey Cable Television Act (“CTA”). Such certificates of approval and/or franchise would have authorized Defendants to use public rights-of-way to provide their cable television service and video programming, provided that Defendants make payments to each municipality in which it provides service. The required payment is equal to a percentage of the gross revenues derived from subscription fees paid by subscribers in each municipality. Defendants were required to obtain certificates of approval and municipal consents and/or a system-wide franchise before providing cable television service and video programming in the Borough of Longport and Township of Irvington, and the other New Jersey municipalities. Defendants’ failure to obtain such approval and/or franchise did not relieve Defendants of the obligation to pay fees based on a percentage of their gross revenues derived from subscription fees paid by subscribers in each municipality. Defendants have failed to comply with N.J. Stat. Ann. § 48:5A-30 because they have failed to pay Plaintiffs and the other Class members the required fees. Plaintiffs seek to require Defendants to abide by the CTA, and pay what they owe to New Jersey municipalities.

  • CASE CAPTION       The Electrical Welfare Trust Fund, The Operating Engineers Trust Fund of Washington, D.C., and The Stone & Marble Masons of Metropolitan Washington, D.C. Health and Welfare Fund v. United States of America
    COURT United States Court of Federal Claims
    CASE NUMBER 19-cv-00353-EMR
    JUDGE Eleni M. Roumel
    PLAINTIFF The Electrical Welfare Trust Fund, The Operating Engineers Trust Fund of Washington, D.C., and The Stone & Marble Masons of Metropolitan Washington, D.C. Health and Welfare Fund
    DEFENDANTS United States of America
    CLASS PERIOD N/A

    Serving as Lead Counsel in Electrical Welfare Trust Fund, et al. v. U.S, this case in the U.S. Court of Federal Claims, sought to recover monies illegally collected from plaintiff and similar health plans through the U.S. Government’s interpretation and application of Section 1341 of the ACA.  The ACA imposed a reinsurance “Contribution” on group health funds, which was intended to fund reinsurance payments to health insurance issuers during the implementation of the ACA, but did not apply to self-administered plans.  The Court denied the Government’s motion to dismiss and held that the Government wrongfully interpreted the ACA to include self-administered, self-insured group health plans, including plaintiff, as contributing entities. Thereafter, the primary questions became whether a Class could be certified, whether judgment should be entered in favor of plaintiff and the Class, and the amount of damages.  On June 22, 2022, an illegal exaction opt-in Class was certified. We conducted an extensive notice campaign and 357 health plans opted into the class. After extensive discovery, in May 2023, the Court granted plaintiff's motion for summary judgment and entered judgment for the Class, ordering the Government to pay the Class $185.2 million.