- Won a full defense verdict in a three-week jury trial in Orange County Superior Court in favor of a life insurer against plaintiffs claiming that they had been misled into purchasing multimillion-dollar life insurance policies. Argued the case before the California Court of Appeal, which affirmed the defense verdict.
- Argued and won summary judgment in Los Angeles Superior Court on all certified claims in a class action alleging breach of annuity contracts. Defeated a renewed motion to certify additional claims. The decision was affirmed by the California Court of Appeal.
- Defended a putative class action in the Southern District of California alleging that protein supplement labels overstated the protein content of the products. The plaintiffs dismissed after a motion for summary judgment was filed.
- Won dismissal of a case in Alameda County Superior Court claiming that organic infant formula contained ingredients not authorized by the U.S. Department of Agriculture or California organic standards.
- Defended life insurers against class actions in federal courts in several states relating to the sale of equity indexed annuities, asserting claims under RICO, unfair trade practices and fraud.
- Defeated a motion for certification of a nationwide class of annuity purchasers.
- Defended product retailers and manufacturers in courts throughout California against claimed violations of Proposition 65.
Partner,
- Phone: 415.243.1014
- Email: tom.evans@alston.com
With a track record of class certification denials, summary judgments, and dismissals, Tom helps clients affected by consumer protection laws navigate even the most complicated class action litigation.