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

Farella Braun + Martel Attorneys Named to 2024 Northern California Super Lawyers and Rising Stars

Thirty-four Farella Braun + Martel lawyers were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2024. 2024 Farella Northern California  Super Lawyers: Amy Briggs – Business...

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Publication

Expedited Review of IRS Applications for Recognition of Exempt Status

Welcome to  EO Radio Show - Your Nonprofit Legal Resource .  In Episode 87, Cynthia Rowland covers the rules that apply to a new charitable organization that wants expedited review of its application for...

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News

Farella Braun + Martel Ranked in Chambers High Net Worth 2024

Farella Braun + Martel is pleased to announce that our Private Client Industry Group and Family Wealth Partner Mark Weaver were recognized in Chambers High Net Worth  2024 in the Private Wealth Law in...

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News

Farella Lawyers Recognized as 2024 IP STARS by Managing Intellectual Property

Farella Braun + Martel is pleased to announce that  Managing Intellectual Property has recognized partners Daniel Callaway , James Day , Jeffrey Fisher , Winston Liaw , and Eugene Mar in the 2024 edition of...

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Event

CEQA Decoded: Air Quality Analysis for Bay Area Projects

CJ Higley and Don Sobelman with guest speakers Sarah Manzano with Ramboll and Josh Pollak with City and County of San Francisco Planning Department discuss "CEQA Decoded: Air Quality Analysis for Bay Area Projects."  Join...

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Publication

Nonprofit Quick Tip: State Filings in New Mexico and Utah

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . This is the 13th in a series of “Quick Tip” episodes focusing on the details of state registration of nonprofit corporations. In an earlier...

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Publication

REFRESH: Nonprofit Basics: Overview of Nonprofit Charitable Organization Types: Corporation, LLC, Trust, Association and Fiscal Sponsorship

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . For the next few weeks, we refresh several of the show's earliest episodes. During these dog days of summer, it’s a good time...

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Publication

PAGA Amendments: A Reprieve for Employers Proactively Addressing Labor Code Violations, but Ambiguities Remain

On July 1, 2024, California Governor Gavin Newsom signed into law a package of reforms to the Private Attorneys General Act (“PAGA”), a statute that has created headaches for employers and driven up wage...

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Event

17th Annual Santa Fe Advanced Conference on Natural Resource Damages

Farella Braun + Martel is a sponsor of the Law Seminars and Internationals' 17th Annual "Santa Fe" Advanced Conference on Natural Resource Damages.  Christopher Rendall-Jackson will participate on a panel titled "The Latest on the...

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Event

17th Annual Santa Fe Advanced Conference: Natural Resource Damages

Farella Braun + Martel is a sponsor of the Law Seminars and Internationals' 17th Annual "Santa Fe" Advanced Conference on Natural Resource Damages.  Sarah Bell, a program co-chair, will participate on two panels: "Best...

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