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.