Cari K. Dawson

Representative Cases

• Orange County, CA: Defeated several of the plaintiffs’ claims and limited the scope of liability for an automobile manufacturer in MDL litigation by (1) defeating the effort by the plaintiffs to apply California law to consumers who purchased their vehicles outside California, thereby foreclosing the possibility of certification of a nationwide class action; (2) obtaining a certificate of immediate review from the district court and obtaining an interlocutory appeal to the Ninth Circuit on the question of Article III standing of consumers whose vehicles had not manifested the alleged defect to bring any legal claims; (3) winning the dismissal of foreign plaintiffs’ claims; and (4) winning the dismissal of Florida and New York consumers’ claims through a court ruling that the plaintiffs in Florida must have experienced a manifested defect to state any claim and New York plaintiffs must have experienced a manifested defect or recognized loss on the sale of a vehicle in order to state a claim. Because several jurisdictions have laws similar to New York and Florida and less than 1 percent of class members experienced any alleged manifestation of the defect, this ruling not only limited the scope of liability, but strengthened arguments against certification due to the need for individualized inquiry to determine which class members’ vehicles had manifested the alleged defect and to determine questions of causation and injury.
• Portland, OR: Won issue of first impression in the U.S. Supreme Court regarding whether the insurance company client willfully violated the Fair Credit Reporting Act by failing to give the statutorily required notice of “adverse action” under the Act. The client was sued in U.S. district court in a nationwide class action, where we won summary judgment. The Ninth Circuit reversed on appeal, but the Supreme Court reversed the Ninth Circuit. The Supreme Court ruled the client did not, as a matter of law, willfully violate the Fair Credit Reporting Act.
• Philadelphia, PA: Won issue of first impression in the Third Circuit regarding whether the client violated the Fair Credit Reporting Act or properly complied with the Act in its “offer of insurance.” Obtained a dismissal of this putative class action in the Eastern District of Pennsylvania, and the Third Circuit affirmed on appeal.
• Atlanta, GA: Defended a multinational chemical corporation in a mass tort environmental class action in the Northern District of Georgia filed on behalf of several thousand class members asserting personal injury and property damage claims allegedly caused by releases of a pesticide-related chemical from a wastewater treatment facility. After obtaining a dismissal of several claims and striking all the plaintiffs’ scientific experts, we negotiated a favorable settlement for a fraction of the plaintiffs’ original demands.
• Seattle, WA: Defeated a purported nationwide class action filed in the Western District of Washington seeking damages under various consumer protection statutes for failure to disclose and pay diminished value under insurance contracts.
• Edwardsville, IL (Madison County): Won a dismissal of an insurance client in a multidefendant conspiracy class action in which the plaintiffs sought more than $1 billion for alleged injuries involving the specification of aftermarket parts.
• Cañon City, CO: Defeated class certification in a putative class action brought against an insurance client alleging failure to explain available personal injury protection benefits in the sale of automobile insurance policies. Denial of class certification was affirmed on appeal, and petition for certiorari was denied.
• Mt. Vernon, WA: Won summary judgment for an insurance client in a putative class action alleging consumer fraud and breach of contract arising from installment service fee charges. Summary judgment in the client’s favor was affirmed on appeal, and petition for certiorari was denied.
• Los Angeles, CA: Represented an Internet service provider in a fraud suit against one of the world’s largest secured global data communication networks and recovered a substantial settlement on the ISP’s behalf.
• Atlanta, GA: Represented an international conglomerate in the prosecution of claims against sublicensees for a breach of licensing agreements and a trademark infringement arising out of the Olympic Games.
• Atlanta, GA: Defended a logistics provider in a series of bet-the-company nuisance suits seeking a shutdown of the client’s operations and exemplary damages. Won partial summary judgment on the plaintiffs’ claims and settled suits for a nominal sum.