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.

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 Named Among 2021 Best Places to Work: #1 Among Large Companies

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Publication

Turmoil in the SPAC Market: What Private Tech Companies Should Consider Before Going Public Via a SPAC

In the spring of 2021, one of the hottest markets—the market for special purpose acquisition companies, or SPACs—has “screeched to a halt,” according to CNN . As the SPAC market grew red hot in...

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California Cannabis Businesses Face Costly Peril With Marketing Robocalls, Attorney Says

Cynthia Castillo spoke at the 2021 North Coast Cannabis Conference underwritten by Farella Braun + Martel and presented by the North Bay Business Journal. Cynthia spoke on trends in Telephone Consumer Protection Act (TCPA...

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Farella Represents Catalyze in Its Acquisition of PermaCity

Northern California legal powerhouse Farella Braun + Martel represented leading national independent power producer Catalyze  as due diligence counsel in its acquisition of solar developer and installer  PermaCity . Based in Boulder, Colorado, Catalyze...

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Event

New Statewide Winery Order: What Wineries Need to Know

Join Buzz Hines and John Ugai, along with guest speakers, Timothy Simpson and Mehran Ebrahimi from GSI Environment Inc, in the discussion on "New Statewide Winery Order: What Wineries Need to Know." The new...

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Farella Names Rebecca Stephens and Nadia Arid As LCLD 2021 Pathfinders

Farella Braun + Martel is proud to announce that senior associate Rebecca Stephens and associate Nadia Arid were selected to be members of the 2021 class of Leadership Council on Legal Diversity (LCLD) Pathfinders...

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Publication

California Cannabis Appellation Program

The specific location of a product’s origin is more important with some products than others.  Wine is the classic example, as the dirt and surrounding climate in which grapes are grown can have a...

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Publication

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors.  But including a Work Made for Hire Clause (“WMFH Clause”) in an independent...

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Publication

Complying With the TCPA After the Facebook Supreme Court Decision

Many cannabis dispensaries rely heavily on text messaging marketing programs to reach their customers and to create loyalty in an increasingly competitive market. While text messaging programs may be an effective marketing tool, they...

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Event

Management Anti-Harassment Training for Exempt Organization Professionals

California employment law requires employers in every industry, including  exempt organizations to create a workplace safe from harassment, discrimination, bullying, and sexual predation. The responsibility for this mandatory training falls on employers, and when...

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