Litigation

We have had significant victories in high profile, bet-the-company litigation, including consumer product class actions.

We have had significant victories in high profile, bet-the-company litigation, including consumer product class actions. One such example is our defense of a class action in the USDC Central District Court of California. Plaintiffs sought nationwide certification of an economic injury class that allegedly purchased defective products that were harmful to children. Plaintiffs alleged violations of the California Consumer Legal Remedies Act, California Business and Professions Code sections 17200 and 17500, and common law claims. For more than two years of active discovery and two mediation sessions (where the last demand was $450M), we aggressively defended our client’s position. In a published opinion, we argued and defeated class certification based on plaintiffs’ failure to satisfy standing and other Rule 23 requirements. Webb v. Carter’s Inc., et al., No. 2:08-cv-07367 (C.D. Cal. 2011).

In addition, we defended a product liability case in the USDC Central District on behalf of a healthcare manufacturer client, where plaintiff claimed injuries allegedly due to the ingestion of a medication.  Plaintiffs alleged causes of action for violation of California Business & Professions Code section 17500et seq., breach of warranty, strict products liability—failure to warn, false advertising and other counts.  In a published opinion, we argued and obtained summary judgment on behalf of our client, with the Court agreeing that plaintiffs could not demonstrate that the warnings were inadequate. Thompson v. Janssen, No. 2:16-cv-02628 (C.D. Cal 2017).

 

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