Business Litigation

Class Action

Experience

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.

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.

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.

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.

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. 

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.

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. 

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.

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.

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.

Firm Highlights

Event

Opportunity Zone Virtual Forum

Financing Ground Up Development During a Pandemic Farella's Julie Treppa is a speaker for  The Registry's Opportunity Zone Virtual Forum. The event will take a closer look at Opportunity Zones and the impact on...

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Publication

California Expands Family and Medical Leave Law to Cover Small Employers

California Governor Gavin Newsom recently signed SB 1383, which expands employees’ leave entitlements under California’s Family Rights Act and New Parent Leave Act. Effective January 1, 2021, these leave provisions will apply to employers with...

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Event

14th Annual ABA Section of Labor and Employment Law Conference

Holly Sutton is a panelist on the 14th Annual ABA Section of Labor and Employment Law Conference live webinar, "Political Speech at Work: What is Fair and What is Foul." Details: Some believe that...

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News

Farella Provides Amicus Support in Case Challenging Denial of CARES Act Funds to Incarcerated Individuals and Their Families

SAN FRANCISCO, August 31, 2020: Farella Braun + Martel, along with co-counsel the American Civil Liberties Union Foundation of Northern California, filed an amici curiae brief in support of the plaintiffs’ motion for a...

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News

Farella Highly Commended by Chambers in "Inclusive Firm of the Year" Award Category

SAN FRANCISCO, September 24, 2020: Farella Braun + Martel is proud to announce that it earned recognition as the “Highly Commended” law firm in the “Inclusive Firm of the Year” USA category at today’s...

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Publication

Real Perspectives Podcast With Julie Treppa on Opportunity Zones

Click here for the audio recording of the "Real Perspective Podcast" by The Registry featuring Julie Treppa. She discusses Opportunity Zones, how they evolved, and what the new normal means for this very important...

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News

EPA’s New Guidance Mandate Leaves Superfund Cleanup Less Certain

Sarah Bell commented in the Bloomberg Law article "EPA’s New Guidance Mandate Leaves Superfund Cleanup Less Certain."    Read the full article here .

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Publication

Estate Tax Planning for Large Company Stock Holdings: Four Tips for Using Record-High Lifetime Exemptions

Published on MyStockOptions.com . Key Points Annual inflation-indexing continues to increase the historically high lifetime exemption amount for gift, estate, and generation-skipping transfer taxes. Those of considerable wealth who have not yet made gifts...

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Event

LSI's PFAS Contamination and Regulation in California Virtual Conference

Sarah Bell will be speaking at LSI's virtual conference on PFAS Contamination and Regulation in California live webinar, "PFAS and Hazardous Materials Cleanup Laws." Details: CWA violations, CERCLA designations, and NRD claims as potential game...

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Publication

Estate Planning During Uncertain Times

Farella's Wine Industry Education Series features Lauren Galbraith discussing "Estate Planning During Uncertain Times." Estate planning for vineyard and winery owners has come to the forefront during this unpredictable pandemic and in light of...

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