Experience
Dismissals and Settlements of $10 Million to $100 Million+ Putative Nationwide Class Actions
Successful representation of various defendants in more than a dozen national or multi-state putative class actions, including:
- Dismissal of all claims in putative national class action on behalf of large consumer products company, relating to architectural sealants.
- Voluntary dismissal by plaintiffs after motion to dismiss briefing and argument in a putative class action alleging false and deceptive rental fees charged by a large men’s clothing retailer.
- 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.
- 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 putative class actions prior to or soon after the outset of discovery. Amounts in controversy ranging from $10 million to $100 million+.
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.
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Lead counsel in a four-week trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. The decision limited the state’s relief to $3 million, which was later reversed and remanded by the Court of Appeals.
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.
Defeat of 21 Injunctions Against Private University
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.
Ongoing Matters
Lead defense counsel in multiple national class actions on behalf of well-known international consumer products conglomerate, alleging product defect, consumer fraud, breach of express and implied warranty, negligent misrepresentation and unjust enrichment, relating to several lines of deck coatings.
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.
Defense of a distributor of consumer hardware equipment in a national class action alleging product defect and deceptive labeling of bonded cutting wheels.
Representation of plaintiff in connection with breach of a joint venture agreement involving development of intellectual property relating to the treatment of diabetes and liver disease.
