Class Action Litigation

Consumer and Product Liability Class Actions
  • Defending mobile cell phone content provider in class action alleging claims for unfair competition, intentional interference with contract, trespass to chattels, and violations of the California Consumer Legal Remedies Act based on alleged unauthorized charges for mobile cell phone content; case pending; related cases being defended in Florida and Minnesota. (Santa Clara Superior Court)
  • Defended distributor of digital cameras in putative class action alleging breaches of warranties, violations of consumer protection statutes and unjust enrichment; complaint voluntarily dismissed. (U.S. District Court, Southern District of New York)
  • Defended retailer of business equipment in putative class action alleging violation of California Unfair Competition Law; obtained dismissal of complaint. (California Superior Court, Los Angeles County)
  • Acted as local liaison defense counsel in multidistrict pharmaceutical products liability putative class actions; case pending. (U.S. District Court, District of Minnesota)
  • Defended bedding retailer against class action claims of false advertising and unfair competition in violation of California law; obtained dismissal prior to class certification, affirmed on appeal. (California Superior Court, San Diego County & Court of Appeal, Second District)
  • Defended major online retailer against class action claims alleging violations of the California Consumer Legal Remedies Act and improper collection of sales taxes with respect to extended warranties; case settled. (California Superior Court, Complex Litigation Branch, Orange County)
  • Defended distributor of digital cameras in putative class action alleging breaches of warranties, violations of consumer protection statutes and unjust enrichment; following consolidation with other putative class actions in Southern District of New York, obtained summary judgment on all claims after denial of class certification. (U.S. District Court, Eastern District of New York)
  • Defended two health care systems companies in more than 40 class actions alleging violations of the companies non-profit status and unfair collection practices; obtained dismissal in majority of cases. (U.S. District Court, District of Minnesota)
  • Defended window manufacturer against various class action claims arising out of the construction at a high school; favorably settled. (U.S. District Court, Eastern District of Washington)
  • Defended Canadian laser eye correction company against class action claims alleging violations of California law arising from operation of clinics. (California Superior Court, Los Angeles County)
  • Defended bedding retailer and national mattress manufacturer against class action claims of false advertising and unfair competition in violation of California law; obtained dismissal prior to class certification, affirmed on appeal. (California Superior Court & Court of Appeal, Second District)
  • Defended health insurance company in class action against claims for alleged violations of insurance and consumer protection laws; obtained dismissal of all claims, affirmed on appeal. (Washington Superior Court, King County)
  • Defended computer chip manufacturer against class action claims alleging defective computer chips and damages resulting to data from those chips; favorably settled. (U.S. District Court, District of Minnesota)
  • Counsel to defendant publisher in a class action commenced on behalf of purchasers of James Frey’s book, My Friend Leonard, alleging deceptive trade practices under New York State law; obtained dismissal of all claims. (New York Supreme Court, New York County)
  • Defended major regional energy company against class claims brought on behalf of all commercial businesses in Minnesota that conducted business with the company alleging fraud in connection with an electric light replacement and rebate program; obtained denial of class certification prior to trial and dismissal of all claims on summary judgment. (Minnesota District Court, Hennepin County)
  • Defended livestock association and cooperative against class action claims alleging violations of the federal Packers and Stockyards Act and other regulations regarding transactions with livestock; favorably settled. (U.S. District Court, District of Minnesota)
  • Defended distributor of inkjet printers in putative class action alleging breaches of warranties, fraud and violation of consumer protection statute; favorably settled. (Texas District Court, Starr County)
  • Defended distributor of digital cameras in putative class action alleging breaches of warranties, violations of consumer protection statutes and unjust enrichment; following consolidation with other putative class actions, obtained summary judgment on all claims after denial of class certification. (U.S. District Court, Southern District of New York)
  • Defended business equipment lessor in putative class action alleging breach of contract and violation of covenant of good faith and fair dealing; motion to dismiss granted. (New Jersey Superior Court, Burlington County)
  • Defended major manufacturer of printer ink cartridges against class action claims of consumer fraud; settled as part of nationwide resolution of related actions. (Minnesota District Court, Hennepin County)
  • Lead counsel for non-profit hospitals in companion cases against class action allegations of breach of contract and unfair trade practices regarding the rates charged to uninsured patients for services; defeated motions for class certification and subsequent attempts to certify case for interlocutory appeal; case favorably settled. (Minnesota District Court, Hennepin County)
  • Defended distributor of digital cameras in putative class action alleging breaches of warranties, violations of consumer protection statutes and unjust enrichment; obtained denial of class certification and summary judgment on all claims. (U.S. District Court, Southern District of New York)
  • Lead counsel for a major national health insurer in state and federal class action lawsuits brought by out-of-network dental providers alleging that certain claim-processing and marketing practices violate the Alabama Insurance Code; case settled. (Alabama State and Federal Courts)
  • Served as counsel to major educational testing provider in class action alleging testing errors on graduation standards exam; favorably settled. (Minnesota District Court, Fourth Judicial District, Hennepin County)
  • Defended national mortgage lender against class claims alleging improper mortgage fees; obtained dismissal of all claims. (U.S. District Court, District of Minnesota)
  • Defended distributor of digital cameras in putative class action alleging violation of California Unfair Competition Law and breaches of warranties; complaint voluntarily dismissed. (California Superior Court, Los Angeles County)
  • Defended major national bank against class action claims for sending unsolicited faxes; successfully defeated class certification; affirmed on appeal. (Colorado State Court, District of Denver and Colorado Court of Appeals)
  • Defended a fax provider against class action claims for sending unsolicited faxes; successfully defeated class certification; affirmed on appeal. (Colorado District Court, Arapahoe County)
  • Defended leading truck rental company against class action claims alleging violations of Colorado Consumer Protection Act; successfully defeated class certification; affirmed on appeal. (Colorado State Court, District of Denver and Colorado Court of Appeals)
  • Defended distributor of digital cameras in putative class action alleging breaches of warranties and violation of California Unfair Competition Law; class allegations stricken from complaint. (California Superior Court, Los Angeles County)
  • Defended mortgage servicing company in class action against claims for alleged breach of contract and consumer protection violations; settled. (U.S. District Court, Western District of Washington)
  • Defended national mortgage lender against class action claims under common law and statutory law based on fees charged by mortgage lender; settled after favorable rulings. (Iowa District Court, Polk County)
  • Defended major regional airline against class action claims of breach of contract arising from mileage plan changes; favorably settled. (Alaska Superior Court)
  • Defending national grocery store chain in consumer class action alleging improper taxation of distilled water; case pending. (California Superior Court, Sacramento County)
  • Defended major international airline in seven class actions all alleging violations of privacy rights arising from U.S. government use of passenger data in testing of computerized terrorist tracking; obtained dismissal of all claims in all actions. (U.S. District Court, District of Minnesota)
  • Lead counsel for major international airline in consolidated class action alleging consumer fraud, violations of the Electronic Communications Privacy Act, breach of contract and state common law tort claims; favorably settled. (U.S. District Court, District of Minnesota)
  • Defended distributor of digital cameras in putative class action alleging breaches of warranties, violations of consumer protection statutes and unjust enrichment; following consolidation with other putative class actions in Southern District of New York, class certification denied and summary judgment granted. (U.S. District Court, Southern District of New York)
  • Defending major regional grocery chain against class claims of consumer fraud relating to labeling of meat; case pending. (Minnesota District Court, Anoka County)
  • Defended organ and tissue bank against class action claims of unfair business practices arising from procurement of next-of-kin consents; obtained denial of class certification and summary judgment on all claims. (California Superior Court, Los Angeles County)
  • Defended distributor of business equipment in putative class action alleging breaches of warranties, fraud and violation of California Unfair Competition Law; class certification denied. (California Superior Court, Los Angeles County)
  • Defended major educational testing providers against class action claims alleging that providers had acted negligently and improperly and scanning and scoring the October 2005 SAT tests; favorably settled. (U.S. District Court, District of Minnesota)
  • Defended major residential building lender against class action claims by bondholders alleging violation of consumer fraud act and common law; motion to dismiss granted; affirmed by Eighth Circuit. (U.S. District Court, District of Minnesota)
  • Defended major financial services company against class action claims alleging violations of federal securities statutes related to “short selling” activities; obtained dismissal of all claims on the pleadings. (U.S. District Court, Central District of California)
  • Defended franchisees of national automotive repair chain against nationwide class action claims relating to alleged misappropriation of customer motor oil; case notable as an early application of the federal Class Action Fairness Act; favorably settled. (U.S. District Court, Western District of Washington)
  • Defended as lead local counsel for defendant Japanese chemical engineering firm in more that 100 product liability class actions; favorably settled. (Minnesota District Court, Dakota County)
  • Defended major Norwegian paint and coating manufacturers against class action claims alleging product liability claims relating to marine products; case tentatively settled. (U.S. District Court, Eastern District of Louisiana)
  • Defended livestock association and cooperative against class action claims alleging violations of the federal Packers and Stockyards Act and other regulations regarding transactions with livestock; favorably settled. (U.S. District Court, District of Minnesota)
  • Defended major European pharmaceutical manufacturer and U.S. subsidiary against class action claims seeking damages for alleged misrepresentations related to hormone replacement drugs; case settled. (Minnesota District Court, Dakota County)
  • Defended major big-box retailer against class action claims alleging consumer fraud in connection with mail-in rebates; favorably settled. (Washington Superior Court, King County)
  • Defended national promotion fulfillment company against class action claims under California unclaimed property statute arising from unclaimed product rebates; obtained denial of class certification. (California Court of Appeal, Third District)
  • Defended healthcare system against class action claims of fraud, RICO violations and violations of state consumer protection laws; obtained dismissal of all claims. (U.S. District Court, District of Tennessee)