Business Litigation

Class Action

Experience

Kuzian/Lederer/Bovero/Waters v. Electrolux Home Products

Defended Electrolux Home Products in five putative class actions in the United States District Court for the District of New Jersey seeking economic losses under various New York, New Jersey, Pennsylvania and California consumer statutes and common law causes of action arising from alleged defects in ice makers in various refrigerator-freezer appliances.

Wit et al. v United Behavioral Health

Chief Magistrate Judge Spero of the United States District Court for the Northern District of California appointed Farella partner Doug Young as the Special Master charged with overseeing implementation of the injunctive relief ordered by the court in this landmark class action regarding coverage of behavioral health claims.

International Swimming League Ltd. v. FINA; Shields et al. v. FINA

Filed an antitrust suit in U.S. District Court for the Northern District of California on behalf of the International Swimming League, and a class action on behalf of Olympic champion swimmers, against Federation Internationale de Natation (FINA). The suit was brought to remedy FINA’s unlawful group boycott of international swimming competitions sponsored by promoters other than FINA, such as the International Swimming League. FINA sought to enforce its group boycott by threatening the world’s elite swimmers with future disqualification from Olympic competitions if they participated in non-FINA approved events. FINA abandoned its group boycott once sued, but the actions are continuing so that plaintiffs can recover damages and attorneys’ fees and ensure that FINA does not take other actions to abuse its Olympic gatekeeper role.

Bergeron v. Monex Deposit Company et al.

Defended a class action filed in the Central District of California against Monex and related entities and individuals. The suit alleged misrepresentations and omissions in the solicitation and trading of monies used to invest in precious metals, and alleged claims under the Commodities Exchange Act and California consumer protection laws (the Consumer Legal Remedies Act, and 17200). The team simultaneously defended a related, parallel enforcement action filed by the Commodity Futures Trading Commission, raising similar allegations.

Garcia v. Dell Financial Services

We are defending Dell Financial Services in a federal court consumer class action alleging claims for violations of the Penal Code, the UCL, invasion of privacy and negligence arising from the alleged recording of customer phone call without consent. 

Roz v. Nestle Waters North America, Inc.

In addition to retail sales of bottled water, Nestle Waters, dba Arrowhead, also makes recurring monthly deliveries to home and office customers (i.e., water coolers). Plaintiffs brought a class action under a new California statutory scheme that regulates “automatic renewal contracts” – i.e., contracts where a credit card is charged on a repeated basis for continued deliveries of goods or services. Precedent in this area was limited because the statute is relatively new. In September 2017, the court denied class certification; plaintiff sought to try the case in order to preserve the right to appeal, and the case was set for trial in December 2017. After a pretrial ruling interpreted the statute to reject most of plaintiffs’ claims, the plaintiff agreed to dismiss with prejudice for a waiver of costs. 

Toyota Unintended Acceleration Economic Loss Class Actions

Co-lead defense counsel for Toyota in federal multidistrict proceedings alleging a putative nationwide class of vehicle owners who claim economic losses stemming from diminution of resale value due to purported concealed defects in electronic throttle control systems.  Plaintiffs asserted claims under the UCL, FAL, CLRA and various statutory warranty and common law claims.

Tourgeman v. Dell Financial Services, et al.

We are defending Dell Financial Services in a federal court consumer class action alleging claims for negligence, invasion of privacy and violations of the UCL arising from allegedly incorrect debt information provided to a purchaser of charged off loans.

Nemeth v. Electrolux Home Products

Defended Electrolux Home Products in federal court consumer class action asserting economic losses arising from alleged misrepresentations and omissions concerning ice makers in bottom-mount French door refrigerator-freezers.  Plaintiffs asserted claims under the UCL, FAL, CLRA and various state and federal warranty claims.

Omstead v. Dell

We defended Dell in federal court consumer class action alleging UCL, FAL, CLRA, Song-Beverly Consumer Warranty Act and common law claims arising from allegedly fraudulent marketing and advertising of notebook computers. We obtained early order compelling enforcement of class-waiver arbitration clause in consumer adhesion contracts and then dismissal for lack of prosecution. The matter has settled, pending court approval of the settlement agreement.

Brazil v. Dell Inc.

We defended Dell in a federal court consumer class action alleging false advertising and misrepresentations concerning product discounts and asserting claims for alleged violations of the Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200 et seq., the False Advertising Law (“FAL”), Cal. Bus. & Prof. Code § 17500 et seq., the Consumer Legal Remedies Act (“CLRA”), Cal. Civ. Code §§ 1750 et seq., intentional and negligent misrepresentation, unjust enrichment and breach of contract.

Firm Highlights

News

Aviva Gilbert Named a Leadership Council on Legal Diversity Fellow

Aviva Gilbert Headshot at Farella Braun + Martel
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News

Profile in Women Leadership - Mary McCutcheon

Mary McCutcheon Headshot
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Publication

I Always Feel Like AI Is Watching Me: Artificial Intelligence and Privacy

ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s...

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Publication

Hot Topic: UPMIFA in the Context of Financial System Instability

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . A really hot topic this week is the duty of care for directors and trustees of charities in a time of volatility in...

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Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs for the ACC Bay Area Chapter program "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions."  Corporate counsel are often tasked with negotiating, finalizing, and managing...

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Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

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News

WhatsApp and Facebook Take the NSO Group to Court

Kyle McLorg was interviewed for the  Shoot The Messenger: Espionage, Murder, & Pegasus Spyware  investigative podcast episode “WhatsApp and Facebook Take the NSO Group to Court” produced by Exile Media in collaboration with The...

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Event

23rd Annual Wine Industry Conference

Farella Braun + Martel is a Presenting Partner of the  North Bay Business Journal' s 23rd Annual Wine Industry Conference. The conference will explore new trends and challenges to the wine industry in the North Bay. Farella's Richard...

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Publication

Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the third in a series discussing insider transactions by exempt organizations. In this episode, I'll look closely at best practices...

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Publication

Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the second in a series discussing insider transactions. In episode 32, I gave a general overview of the federal laws...

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