Photo of Michael Klebanov

Clients turn to Michael for high-stakes class action defense and appellate litigation. With his expertise in bet-the-company class actions, he defends a variety of challenges to companies’ practices and products, including claims based on breach of contract, warranties, product mislabeling and misrepresentation, deceptive trade practices, negligence, RICO and securities violations. Michael also has multidistrict litigation experience.

The Military Housing Privatization Initiative was intended to address the availability and adequacy of housing for military service members and their families. As a result of the MHPI, approximately 99 percent of military family housing in the United States is now operated and maintained by private developers. MHPI developers have recently been the target of litigation seeking to hold them responsible for mold and other environmental contamination. Plaintiffs are not only seeking damages for personal injury. They are seeking class certification. In one case they are seeking injunctive relief that would require changes to how the MHPI project is managed.

In this post, we provide some background on the MHPI program, the environmental contamination litigation filed so far, and some perspective on the legal issues presented in these cases. We explain why MHPI developers have a basis to assert derivative sovereign immunity and why the federal enclave doctrine presents an obstacle to some state law claims. We also point out why plaintiffs may face insurmountable hurdles in achieving certification to proceed in a class action.