Robert B. Carey

Rob added to HB’s office a built-in mock courtroom, complete with jury box, audio-visual equipment to record witnesses and lawyers, and separate deliberation rooms for two juries.

Mr. Carey handles class-action lawsuits against many different types of organizations and companies. He has served as lead counsel in cases such as the LifeLock Sales and Marketing Litigation, Hyundai Motor America’s cases on sub-frame corrosion and airbag systems and the state of Arizona’s claim against McKesson Corporation for overcharging on prescription drugs. Mr. Carey has argued high-profile cases in federal and state courts across the country. 

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Current Role

  • Partner & Executive Committee Member, Hagens Berman Sobol Shapiro
  • Leads Hagens Berman’s Phoenix and Colorado Springs offices
  • Practice focuses on class-action lawsuits, including auto defect, insurance, right of publicity and fraud cases. Mr. Carey's work also extends to bad-faith insurance, personal injury and medical malpractice, with several jury trials involving verdicts with as much as $75 million at stake.
  • Frequently asked to handle jury trials for high-value cases

Experience

  • While serving as Arizona Chief Deputy Attorney General Mr. Carey helped secure a $4 billion divestiture and a landmark $165 million antitrust settlement. He also was a principal drafter of the first major overhaul of Arizona's criminal code and authored the section of the federal Prisoner Litigation Reform Act of 1995 for Senators Dole and Kyl that virtually eliminated frivolous prisoner lawsuits. Mr. Carey oversaw all major legal, policy, legislative and political issues for the Arizona attorney general's office. He developed and spearheaded passage of Arizona's law requiring the DNA testing of all sex offenders and the law requiring that criminals pay the cost of victims' rights.
  • Campaign staffer, intern, and staff member for U.S. Senator John McCain, during and after Senator McCain's first run for public office
  • Adjunct Professor, Sandra Day O’Connor College of Law, teaching class actions. Has taught law and policy courses at other universities.
  • Judge Pro Tempore, Maricopa County Superior Court, presiding over contract and tort jury trials
  • In the 90s, he served as trial counsel on claims by counties for damages stemming from tobacco-related illnesses (and acted as special counsel for Hagens Berman in seeking to recover damages in the landmark tobacco litigation), and since then has led dozens of consumer and insurance class actions in various states.

Legal Activities

  • Member and Former Chairman, Arizona State Bar Class Action and Derivative Suits Committee

Recent Success

  • Over the summer of 2012, Rob was lead counsel in Robin Antonick’s case against  Electronic Arts, where a jury heard evidence that Electronic Arts failed to pay Antonick for over 20 years for his work in coding and developing the legendary Madden NFL Football video game. This trial, held in the Northern District of California, resulted in two verdicts for Antonick and was dubbed a "Top Trial Verdict of 2013" by The Daily Journal, a leading legal publication.
  • Prevailed at the Arizona Court of Appeals for the second time, keeping intact class certification for tens of thousands of truck drivers suing to recover underpayments caused by misuse of Rand McNally’s HHG software by Swift Transportation. 
  • Helped originate the Toyota Sudden Unintended Acceleration case, filing the initial Hagens Berman complaints for a case that eventually settled for $1.6 billion
  • Led Hagens Berman’s efforts on the $400 million settlement with Hyundai and Kia corporations over misrepresentations about MPG ratings
  • Helped secure a first-ever ($60 million) settlement for collegiate student-athletes (Keller, consolidated with O'Bannon) from Electronic Arts (EA) and the NCAA for the misappropriation of the student-athletes' likenesses and images for the EA college football video game series. This groundbreaking suit went up to the U.S. Supreme Court before a settlement was reached, providing student-athletes—even current ones—with cash recoveries for the use of their likenesses without permission.
  • Represented Donnovan Hill against Pop Warner after he was paralyzed at 13. With Rachel Freeman, Rob secured a settlement that "forever changed youth football" (OC Weekly) and was "unprecedented" and owed a debt of gratitude by those who care about the safety of kids playing football (Washington Post).  Donnovan died tragically during a 2016 surgery. 
  • Numerous jury verdicts in trials, including complex matters, phasing of threshold issues, liability and damages, trials with more than $75 million at stake and recoveries of treble and punitive damages

Recognition

  • Recognized by the judges of the Superior Court of Arizona in Maricopa County for outstanding contributions to the justice system
  • U.S. Department of Justice, recognized for victims’ rights efforts
  • Listed since 2008 as a Top 100 Trial Lawyer by Arizona’s Finest Lawyers and National Trial Lawyers
  • Member of Hagens Berman’s Toyota team selected as a Finalist for Public Justice’s 2014 Trial Lawyer of the Year

Notable Cases

  • Propane Exchange Tank Litigation
  • Hyundai/Kia MPG Litigation
  • Swift Truckers Litigation
  • Toyota Unintended Acceleration Litigation
  • NCAA Student-Athlete Name and Likeness Licensing Litigation
  • Hyundai Subframe Defect Litigation
  • Hyundai Occupant Classification System / Airbag Litigation
  • Hyundai Horsepower Litigation
  • Arizona v. McKesson False Claims and Consumer Protection Litigation (representing State of Arizona)
  • Student-Athlete Likeness Litigation against CBS Sports and Printroom
  • Student-Athlete Likeness Litigation against T3 Media
  • LifeLock Sales and Marketing Litigation
  • Rexall Sundown Cellasene Litigation
  • Insurance bad faith against major carriers and personal injury cases, including dozens of seven-figure verdicts and settlements

Publications

  • Co-author of the Arizona chapter of the ABA’s “A Practitioner’s Guide to Class Actions”
  • Co-author of the Arizona and Colorado chapters of the ABA’s “A Practitioner’s Guide to Class Actions” (2d ed.)