Complex Commercial Disputes & Class Actions
- Obtained a motion to dismiss class actions against a major beverage company in Illinois and Florida alleging the product labeling violated numerous states’ consumer protection statutes.
- Obtained a motion to dismiss a class action against an airline client facing breach of contract, unjust enrichment, and a variety of other claims stemming from alleged false advertising of its enhanced economy class. In dismissing the complaint, which carried potential exposure of millions of dollars, the court accepted arguments that the claims were time-barred or preempted. Obtained an order staying discovery in the case before moving to dismiss.
- Defeated a motion for class certification in a class action filed in California state court against a major food manufacturer alleging that the packaging for a specific type of dog treat misrepresented that the product was “wholesome.” The plaintiffs sought approximately $8.4 million on behalf of the class, plus punitive damages and attorneys’ fees under California’s consumer protection statutes. Class certification was defeated, and the plaintiffs agreed to drop all claims.
- Obtained favorable settlements for a major supplements company in class actions in California federal court alleging the products’ claims violated California and New York consumer protection statutes.
- Obtained an arbitration award in favor of a medical supply company in a commercial dispute involving alleged delays in the supply of goods during the COVID-19 pandemic and defeated the opposing party’s counterclaim in its entirety.
- Obtained an arbitration award in favor of a law firm partner in a partnership dispute involving partner distributions and accounting issues and defeated the opposing party’s counterclaim in its entirety.
- Defended a law firm and partner in a complex partnership dispute. The matter settled after an approximately month-long jury trial in Sacramento Superior Court that included testimony from experts on issues involving legal ethics, corporate governance, probate law, medical capacity, and forensic accounting.
- Defended a cosmetics company in a California JCCP action involving the alleged violation of Prop 65 based on the presence of diethanolamine (DEA) in the company’s product.
- Negotiated confidential settlements for major food, beverage, and cosmetics companies in threatened class actions involving the labeling and contents of products, including origin and Made in USA claims, and conformance with applicable federal regulations.
- Negotiated confidential settlements for companies in threatened class actions involving the sustainability and environmental impact of the companies’ products.
- Negotiated a confidential settlement for a footwear and apparel brand in a class action involving California’s strike-through pricing law.
- Obtained the dismissal of a wrongful death action filed against a financial services company related to the company’s alleged failure to cancel a stolen debit card before the victim could use the debit card to buy drugs, which tragically resulted in a drug overdose. In dismissing the case, the court accepted the company’s argument that it did not owe a legal duty to the victim or his family and that the failure to cancel the card was not a proximate cause of the victim’s death. The court also accepted the company’s argument that it was not liable to the victim’s family for negligent infliction of emotional distress under a bystander theory or under a direct victim theory.
- Obtained dismissal of defamation and intentional infliction of emotional distress claims filed by a public adjuster against a third-party administrator/investigation company and one of its employees. The lawsuit stemmed from a comment the employee allegedly made to a fire department arson investigator and then published in an email, which the plaintiff interpreted as suggesting that he had set the fire. Secured the dismissal of the action through an anti-SLAPP motion, arguing that the statement at issue was made in connection with a law enforcement investigation, and therefore privileged, and that the plaintiff did not meet his burden of showing a likelihood of success on the merits.