Compelled Arbitration in Putative Class Action Against Consumer Website
Complete Dismissal of Multimillion-Dollar California Class Action for Pet Products Manufacturer
Secured significant victory for our client, a pet products manufacturer, in U.S. District Court for the Northern District of California. Plaintiff alleged products were mislabeled and asserted fraud, warranty, and consumer protection claims; and sought to represent a nationwide class seeking more than $5 million in damages. After initial motions practice and discovery, the Court granted dismissal of all claims.
Summary Judgment on $21+ Million Vexatious Refusal Claim
Secured summary judgment for insurer regarding in a high stakes insurance coverage/vexatious refusal action arising from a class action. The plaintiff had sought more than $21 million from the insurer client ostensibly for damages incurred litigating and settling an $80+ million consumer class action suit alleging violations of the Uniform Commercial Code.
Significant Victory in Multimillion-Dollar California Class Action for Men’s Retailer
Secured a significant victory for our client, a men’s clothing retailer, in U.S. District Court for the Northern District of California. The plaintiffs alleged that late fees assessed by the retailer violated California consumer fraud laws. After filing and arguing a motion to dismiss, the plaintiff voluntarily withdrew the claims without any monetary payment or any other relief.
Significant Victory in Multimillion-Dollar National Class Action for Men’s Retailer
Secured a significant victory for a men’s clothing retailer on a motion for summary judgment in U.S. District Court for the District of Maryland. The plaintiffs alleged that certain sales promotions were deceptive and sought certification of a California class, potentially exposing our client to hundreds of millions of dollars in damages. The Court dismissed the lawsuit finding that plaintiffs could not establish that the marketing campaign caused them damage. Earlier, the Court had dismissed requests to certify a nationwide class and a Maryland subclass for similar reasons.
Dismissal of Claims in MMPA Class Action
Defended client in consumer class action seeking to recover alleged damages in excess of $5 million. Class asserted products sold by defendant were defective and that the defendant engaged in violations of the Missouri Merchandising Practices Act. Obtained dismissal of plaintiff’s claims.
Won Motion to Dismiss Class Action Lawsuit Against a Multinational Oil and Gas Corporation
Represented a multinational oil and gas corporation and its franchisees in class action litigation alleging violations of consumer protection statutes. Won motion to dismiss in federal court.
Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer
Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.
Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer
Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising Practices Act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.
Dismissal of Multi-State Unpaid Overtime Class Action Claims
Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.
Representation in Class Action Involving Biometric Information Privacy Act
Represented corporate client in employment- related class action involving the Illinois Biometric Information Privacy Act.
Representation in Connection with Professional Athletic League and Related Sports Injuries Class Action
Represented companies offering claims services and non-recourse loans to class members against allegations of impropriety by nationwide class counsel in connection with a professional athletic league and related sports injuries class action.
Representation in Putative Class Action Alleging RICO Violations
Represented corporate executives in putative class action cases across the country alleging violations of RICO statute in connection with fintech servicing relationships with banks and non-bank lenders.
Representation of Payment Processing Service Provider in Litigation Alleging Consumer Protection Violations
Represented a major payment processing service provider in connection with class action litigation involving alleged violations of consumer protection statutes.
Secured Voluntary Dismissal of Consumer Class Action Against Major Clothing Retailer
Secured the voluntary dismissal of a consumer class action filed against a major clothing retailer in the U.S. District Court for the District of New Jersey. The plaintiff alleged that our client’s sales promotions violated New Jersey consumer regulations governing advertisements, potentially exposing our client to liability for millions of dollars in statutory damages. After an appellate decision in another case confirmed the strength of our motion to dismiss arguments, the plaintiff chose to voluntarily dismiss the lawsuit.
Dismissal of Potential Multimillion-Dollar Class Action
Obtained dismissal of a class action suit on appeal against our client over an alleged violation of the Fair Credit Reporting Act (FCRA). The decision helped the client avoid a potential liability of up to $1,000 per violation (i.e., per applicant/employee) over the preceding five years, with total damages projected to be millions.
Defense, Resolution of Class Action Lawsuits under Fair Credit Reporting Act
Successfully defended and resolved a number of class action lawsuits against major corporations brought under the Fair Credit Reporting Act (FCRA) for alleged violations of the provisions of the FCRA applicable to employment background checks.
Dismissal of $1 Billion Class Action Claim
Favorable Settlement After Multimillion-Dollar Summary Judgment for Plaintiff Vacated
Successfully argued a motion for new trial on a summary judgment order against the client in a Missouri class action. After argument, the trial court vacated a prior summary judgment ruling in favor of the plaintiff class on a claim worth tens of millions of dollars in damages. The parties settled the case soon after the court vacated its order of summary judgment.
Major Victory in Class Action for Low-Income Lender
Secured a major victory in a class action lawsuit for a low-income lender in Nevada and Arizona, which rendered vehicles inoperable if loan payments were not up-to-date.
Obtained Dismissal of Class Action Alleging Various Lending and Consumer Protection Claims
Obtained dismissal of a class action lawsuit filed in Maryland Federal Court making claims under the Federal Electronic Funds Transfer Act, Maryland Consumer Protection Act, Maryland Consumer Loan Law, Maryland Commercial Law regarding unlicensed lending, and Maryland Consumer Debt Collection Act.
Obtained Dismissal of Class Action for Service Provider to Consumer Lender
Obtained dismissal of a class action lawsuit in California Federal Court and compelled arbitration as to the remaining individual claims in a consumer protection action asserting claims under California and federal law.
Favorable Result in FLSA Employee Misclassification Case
Achieved a favorable trial result in the United States District Court for the Western District of Texas on behalf of a client accused of misclassifying a significant portion of its workforce as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) after several years of litigation.
Partial Summary Judgment in FLSA Misclassification Action
Obtained partial summary judgment on behalf of a client in a Fair Labor Standards Act (FLSA) misclassification collective action, reducing the potential scope of class and the client's potential exposure by over 90%.
Obtained Dismissal in National Class Action
Obtained dismissal of a national class action lawsuit filed in New Jersey Federal Court making claims under the Fair Debt Collection Practices Act.
Obtained Dismissal of Consumer Class Action for Retailer in Illinois
Obtained a dismissal of putative consumer class action alleging deceptive advertising in U.S. District Court for the Northern District of Illinois. The Court granted the client’s motion to dismiss, and when the plaintiff sought appellate review, the Seventh Circuit unanimously affirmed.
Summary Judgment, Dismissal of ‘Bet the Business’ Class Action Claims
Achieved motion for summary judgment and a dismissal of plaintiffs’ claims with prejudice in a “bet the business” class action brought by representatives of 200 former employees of a client in St. Louis County Circuit Court. The former employees sought sales commissions allegedly due and owing and millions of dollars in statutory penalties.
Win at Trial and Then Appeal in Putative Class Coverage Suit
Successfully fended off class certification in the trial court, forcing a de minimis judgment on the individual claim, and then secured an appellate win in the appeal from the same. The suit involved policy construction and ambiguity claims, with the appellate court ruling against application of the contra proferentem doctrine in light of our policy construction arguments.