Experience
Dismissals and Settlements of $10 Million to $250 Million+ Putative Nationwide Class Actions
Successful representation of various defendants in more than twenty putative class actions, including:
- After more than two years of intensive litigation and discovery, successful settlement of all claims in multiple national class actions seeking $100+ million, relating to several lines of outdoor household coatings on behalf of well-known international consumer products conglomerate. Claims included consumer fraud, product defect, breach of express and implied warranty, negligent misrepresentation and unjust enrichment.
- Successful settlement of putative national class action asserting the labeling and marketing of multiple lines of pet products violated the FTC’s “Green Guides,” and various state consumer protection and warranty laws.
- Defense of a large university in a class action alleging breach of contract, unjust enrichment, and consumer fraud, relating to the university’s temporary closure of campus facilities because of COVID-19.
- Settlement of all claims immediately following depositions of plaintiff’s experts in national class action asserting consumer fraud and breach of warranty claims relating to a range of consumer hardware tools and products.
- Voluntary dismissal by plaintiffs after motion to dismiss briefing and argument in a putative class action alleging false and deceptive rental fees charged by one of the country’s largest men’s clothing retailers.
- Successful use of a Rule 11 letter to secure “voluntary” dismissal of a putative national class action against a Fortune 500 company in a matter alleging consumer fraud relating to furniture damage service agreements.
- Dismissal after motion to dismiss briefing of class action relating to ticket sales and conditions by several Denver-area professional sports franchises.
- Dismissal of all claims in national class actions in favor of large consumer products company, relating to architectural sealants.
- Compelling arbitration of named plaintiff’s claims in a putative national class action alleging various aspects of consumer fraud and breach of contract relating to furniture service contracts, leading to dismissal of all claims.
- Settling multiple other putative class actions prior to or soon after the outset of discovery. Amounts in controversy ranging from $10 million to $100 million+.
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Lead defense counsel representing private college in a four-week trial in which the Colorado Attorney General sought asserted consumer protection and lending claims, seeking $240 million in damages. The $3 million damage award was later reversed and remanded by the Court of Appeals.
Won Class Certification for Plaintiffs in Large IoT Liability Case Against Automotive Manufacturer
Lead counsel for three certified plaintiffs’ classes with an estimated 400,000 to 500,000 members, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles vulnerable to being hacked in a way that would allow hackers to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition.
Resolution of $60 Million Dispute in Mediation After Being Retained Just Weeks Before Trial
Retained as trial counsel 10 weeks before trial in a case with five defendants and more than $60 million in controversy. Claims included breaches of fiduciary duty, civil theft, conversion, and unjust enrichment. The case was resolved through mediation just before trial.
Defeat of 21 Injunctions Against Private University After 5 Day Evidentiary Hearing
Defeated a request by the Colorado Attorney General for 21 separate injunctions sought against a private university. After a five-day preliminary injunction proceeding, the court rejected each of the state’s requests finding they had no reasonable likelihood of success on the merits and that the Colorado AG appeared “biased” against private colleges.
Dismissal of All Claims in Multinational Product Distribution and Marketing Dispute
Won dismissal of all claims on behalf of a Fortune 500 company in a multinational dispute relating to marketing and distribution of a range of consumer landscaping and lawncare products.
Successful Litigation of Biotech Joint Venture Dispute
Won favorable settlement on behalf of investor and joint venture partner asserting that co-partner froze out the client in violation of the parties’ written and verbal joint venture agreement after using client’s monetary and other resources to secure patents and then market promising IP for treatment of liver and other diseases.
Representative Ongoing Matters
- Defense of the country’s largest baby bottle manufacturer in national consumer fraud class action asserting that consumers overpaid for baby bottles and other products which allegedly release “microplastics” when heated.
- Defense of large consumer products company in national consumer fraud class action alleging false labeling and omissions in multiple lines of its household paints and spray paints.
- Defense of large home improvement company in national consumer fraud class action alleging products’ labels deceptively caused consumers to misunderstand the nature and contents of wood finishing products.
