Class Action Defense

Defended alleged price-fixing claims brought by class of Bristol Bay salmon fishermen. Client settled during trial.  48 P.3d 432 (Alaska 2002)

Trial counsel for plaintiff states in multidistrict antitrust class action alleging price fixing on automobile fleet sales.

Defended Bristol-Myers in multiparty treble damages class action alleging price fixing in the sale of prescription drugs.  Case dismissed for lack of standing. Illinois Brick doctrine applied to private antitrust actions under Washington law. 86 Wn. App. 782,  938 P.2d 842 (1997)

Successfully defended multidistrict antitrust price-fixing class action regarding Canadian lumber. Case dismissed by District Court on Rule 12 motion; affirmed by Court of Appeals.

Represented Microsoft Corp. in antitrust class action where plaintiffs, consisting of state-wide classes of all purchasers of Microsoft products within a set time period, alleged that Microsoft engaged in anticompetitive conduct in obtaining and maintaining a monopoly in the operating systems and office productivity applications markets. Defeated efforts to impose liability through collateral estoppel. After four months of trial, the parties reached a settlement of all claims.

Trial counsel for Brown & Williamson in putative consumer class action alleging price fixing and price discrimination under Arizona’s antitrust laws pertaining to the sale of cigarettes. Dismissed.

Defended Microsoft in state and federal antitrust consumer class actions, including a 10-week jury trial, arising from alleged overcharges related to the Windows operating system and Office applications.

Co-counsel in defense of antitrust class action relating to, inter alia, patent licensing practices involving laser eye surgery procedures.

Trial counsel for defendant hospitals in alleged price-fixing class action and lead counsel for defendants in opposing interlocutory appeal from partial denial of class certification. Case pending. No. CV 07-01292-SRB (D. Ariz.) and No. 09-901-42 (9th Cir.)

Represented McGaw Medical Center of Northwestern University in a multibillion-dollar suit in federal court in the District of Columbia against many of the leading U.S. teaching hospitals alleging a price-fixing scheme regarding a residency program. The district court dismissed the case, the D.C. Circuit affirmed, and the U.S. Supreme Court denied plaintiffs’ petition for certiorari in 2007.

Counsel for American Honda Motor Company Inc. and related Honda entities in a putative class action asserting antitrust violations and consumer fraud pertaining to importation of new vehicles from Canada to the United States. Settled on terms favorable to the client.

Defense of purported nationwide class action of season ticketholders and stadium-related businesses, alleging Sherman Act violations relating to the 1994 baseball strike. Client prevailed on summary judgment, in which the court reaffirmed baseball's antitrust exemption. 911 F. Supp. 454 (W.D. Wash. 1995)

Successfully defended real estate broker clients in antitrust class action alleging tying violations in connection with real estate brokerage fees in residential development sales.

Second chaired bench trial where we obtained a verdict for our client in action brought pursuant to the UCL, Cal. Bus. & Prof. Code § 17200 related to service fees.

Plaintiff counsel for State of Washington in multidistrict antitrust class action alleging price fixing on gasoline sales.

Trial counsel in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client. 

Represented defendant Northwestern University in a multibillion-dollar antitrust class action filed in federal court in Wichita Falls, TX alleging price fixing against several charitable organizations that issue charitable gift annuities. After discovery and interlocutory appeals to the Court of Appeals for the Fifth Circuit and the U.S. Supreme Court, as well as legislative action, the case was dismissed.

Represented insurance carrier in putative class action alleging antitrust conspiracy to specify inferior aftermarket parts in auto repairs. Motion to dismiss for lack of standing granted, appeal pending.

Successfully defended Starbucks in antitrust class action alleging monopolization of retail coffee store locations. Obtained an agreement by counsel to drop the class action claim, greatly narrowed the scope of e-discovery and ultimately resolved the case by mediated settlement.

Trial counsel in indirect purchaser class action for conspiracy and combination to restrain trade where the defendants conspired to illegally set the value and price of plastics. Settled on favorable terms.

Defended Intel against allegations that it misrepresented performance capabilities of early Pentium® 4 processors. The plaintiffs sought to pursue a nationwide class action in Madison County, Illinois, but under California's deceptive trade practices statutes. On appeal, the Illinois Supreme Court held that Illinois law rather than California law applied, that the alleged misrepresentations were mere "puffing" and therefore not actionable under Illinois law, and that the case should not proceed as a class action. 879 N.E.2d 910 (Ill. 2007)

Successful settlement of class action by auto insurance customers.

Defended Starbucks Corporation and a dozen retailer defendants in class action for alleged false advertising and consumer fraud. Case dismissed.

Successfully represented Western Union in defending class action brought under The Fair and Accurate Credit Transactions Act of 2003 (FACTA).

Defense of nationwide class action challenging Internet privacy practices. Settled after successful summary judgment motion.
165 F. Supp. 2d 1153 (W.D. Wash. 2001)

Defense of consumer class action involving power outages. Substituted in as counsel of record after the class was certified and negotiated a favorable settlement.

Defended Weyerhaeuser in nationwide consumer product class action. Settlement negotiated largely before case filed and ultimately approved by federal district court.

Successfully opposed certification of class action claiming that UTC sold defective sewer and irrigation pipe to California municipalities. Case settled on favorable terms following denial of certification.

Defended mortgage company in class action alleging violations of consumer protection laws and federal mortgage regulations, including the Truth in Lending Act and RESPA.

Represented Google in a putative nation-wide class action alleging the use of the term "Daily Budget" in Google's AdWords program violated, inter alia, California's Unfair Competition Law and False Advertising Act. Negotiated favorable settlement.

Successful defense of putative class action challenging privacy practices of retailer and credit verification service. 166 F. Supp. 2d 1263 (N.D. Cal. 2001)

Defense of consumer lending claims in statewide class action challenging the collection of reconveyance fees in real estate-related loans.

Defense of Homecomings Financial in statewide class action challenging the collection of payoff statement expedite fees.

Defended putative consumer protection class action involving computer peripherals.

Defended American Bankers Life Assurance in a multi-million-dollar class action under consumer protection statutes claiming the tying of insurance to consumer loans in federal court in Chicago. After the court denied class certification, the case settled.

Defense of First Nationwide Mortgage Corporation in putative class action challenging the collection of yield spread premiums.

Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.

Defense and settlement of Oregon state consumer protection class action.

Defended Boise Cascade in nationwide consumer protection class action alleging defects in manufactured wood siding.

Trial and appellate counsel for defendant State Farm in certified nationwide class action. Obtained summary judgment for State Farm, affirmed on appeal, on the grounds that State Farm's dividend decisions were protected by the business judgment rule.

Reversal of summary judgment in Washington Consumer Protection Act (CPA) class action, establishing rule that causation element of CPA claim requires proof that defendant's acts were proximate cause of plaintiff's injury. 170 P.3d 10 (Wash. 2007)

Represented defendant Qwest in putative class action regarding disclosure of rates for long-distance telephone calls by Washington State prisoners. Won dismissal of claim and affirmance of that judgment on appeal.  66 P.3d 1102 (Wash. Ct. App. 2003), aff'd, 95 P.3d 337 (Wash. 2004)

Defended class action claims alleging violations of state and federal consumer protection laws relating to retail store's credit card program.

Defending Adaptive Marketing, an Internet marketing company, in nationwide consumer protection class action. Federal district court presently stayed pending appeal to Ninth Circuit on enforceability of arbitration clause in terms of use.

Consumer protection class action litigation under RESPA. 992 F. Supp. 787 (D. Md. 1998)

Defended Rural Cellular Corporation in state consumer protection class action. Settlement ultimately approved by state court.

Obtained dismissal of purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court's certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).

Represented cellular telephone company in class action consumer protection act lawsuit.

Represented Amazon.com in defense of California consumer protection class action. Successful settlement.

Represented insurance carrier in nationwide class action defense of state common law fraud claims.

Co-lead counsel in defense of numerous consumer protection class actions and related cases and arbitrations related to manufactured wood siding. National counsel for implementation of nationwide class action settlement.

Lead counsel in putative California Consumer Class Action alleging violation of State's Point of Sale privacy laws. Case dismissed with prejudice prior to certification.

Trial counsel and counsel in appellate proceeding for a brand name pharmaceutical company in an indirect purchaser price-fixing consumer class action brought under state law. Case settled on favorable terms.

Defended Redbox in putative class action alleging that collection of certain information at Redbox kiosks violates California's Song-Beverly Act.

Lead counsel for retailer in putative nationwide class action alleging violation of the Fair Credit Reporting Act (FCRA).

Defense of Novastar in putative class action alleging consumer protection violations.

Represented defendant Qwest in class action alleging fraud, negligent misrepresentation, breach of contract, unfair business practices and tariff violations. Settlement class certified and settlement approved. 

Defended Intel in several consumer class actions (consolidated in California) alleging unfair competition, false advertising and fraud in connection with product performance claims.

State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)

Defended US WEST in consumer protection class action challenging changes in telephone area codes.

Defended class action claims alleging violations of consumer protection laws and misrepresentation in connection with product warranty.

Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.

Defended James Hardie Building Products in nationwide consumer protection class action involving fiber cement roofing products.

Affirmance of summary judgment dismissing prospective class action asserting violations of insurance premium financing statute. 80 P.3d 598 (Wash. 2003)

Defense of class action over “roaming” charges.

Led defense of statewide consumer protection class action involving wood siding products. Won summary judgment dismissing the action. After the intermediate appellate court reinstated the action, convinced the Illinois Supreme Court to take review and affirm the judgment of the trial court on grounds that the allegedly deceptive advertising did not proximately cause damages under Illinois' consumer fraud statute. 805 N.E.2d 213 (Ill. 2004), rev'd 783 N.E.2d 1105 (Ill. App. Ct. 2003)

Representing national managed healthcare company in series of class actions pending in Madison and St. Clair County Circuit Courts in cases brought by contracted providers involving breach of contract, unjust enrichment and violation of consumer fraud statutes, among other theories.

Defended Intel in putative nationwide class action alleging violations of California's Unfair Competition Law (§17200) and Consumer Legal Remedies Act. The plaintiffs claimed that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors.

Successfully obtained dismissal of digital marketing technology provider in putative class action case involving the use of spyware/adware.

Defense of Sovereign Bank in putative class action alleging violation of usury laws.

Representation of Washington Mutual Bank in consumer class action. Defense of Bank in class action alleging telemarketing fraud. Obtained summary judgment.

Defense of purported nationwide class action challenging privacy practices related to information collected during visits to Web sites.

As lead counsel, obtained denial of class certification and summary judgment against named plaintiff in putative statewide consumer product class action.

Putative class action filed under the Telephone Consumer Protection Act for sending allegedly unauthorized fax advertisements. Summary judgment granted dismissing all claims.

Defense of Troy Corporation in statewide class action involving additives used in paints and coatings.

National counsel for Weyerhaeuser in defense of consumer protection and consumer product liability class actions related to alleged defects in hardboard siding.

Defended Whirlpool in consumer protection class action regarding consumer credit transactions.

Defense of state law wage and hour class action.

Defense of wage and hour class action.

Defense of WARN Act class action.

Won jury verdict for Boise Cascade on claims of disability discrimination, violation of the FMLA, and wrongful discharge. Convinced Ninth Circuit to affirm that judgment. 191 F.3d 1010 (9th Cir. 1999) 

Defense of Title VII sex discrimination class action with 30,000 class members. Settled on eve of trial.

Defense of wage-and-hour class action with 20,000 class members. Summary judgment on all claims; affirmed, 128 F.3d 1279 (9th Cir. 1997)

Defense of class wage-and-hour claims brought against Qwest.

Represented tortilla manufacturer in class action arbitration involving overtime claims and alleged misclassification of grocery distributors. Voluntarily dismissed.

Defense of class wage-and-hour claims brought against Qwest in federal court.

Defense of class race discrimination claims brought in Chicago federal court by a purported nationwide class comprised of employees of Boeing's merger partners, McDonnell Douglas and Rockwell Corporation.

Represented Smart & Final Inc. in a wage-and-hour case where a class of retail managers and assistant managers in California brought claims for overtime based on alleged misclassification of exempt and nonexempt employees. Planned and implemented a strategy to collect defensive declarations adverse to the class claims, then successfully marshaled these to negotiate a favorable settlement.

Contract worker class action for employee benefits.

Defense of class action age discrimination and retaliation claims. Appeal dismissed.

Successful defense of Fair Labor Standards Act class action claims establishing current Ninth Circuit law on use of compensatory time in the public sector. 188 F.3d 1124 (9th Cir. 1999)

Defense of class action alleging misclassification of local store managers as exempt from overtime requirements of state law.  Following a bifurcated trial on liability issues, the case was successfully settled on terms favorable to the company.

Summary judgment for employer. The court found that the employee did not engage in protected activity when he disobeyed supervisor’s directive to stop work, even though employee believed he was alleviating a safety risk. 272 F. Supp. 2d 850 (D. Alaska 2003)

Successfully defended the university in a class action discrimination lawsuit.

Age discrimination class action, involving hiring age for pilots.

Race and national origin discrimination class action.

Age discrimination class action case, involving retirement age for pilots.

Discrimination class action related to age.

Summary judgment for employer against EEOC in multi-plaintiff case alleging claims of race discrimination.

Defense of ERISA class action claiming severance benefits. Summary judgment; affirmed, 16 Fed. App'x. 808 (9th Cir. 2001)

Defense of wage/hour claims involving classification of assistant managers.

Race discrimination class action.

Successfully defeated Plaintiffs' motion for class certification (seeking to certify multiple classes and subclasses of transportation division employees regarding overtime, meal/rest break, wage statement and employee reimbursement claims) brought by in-house drivers of retail grocery chain.

Defense of class action state law wage-and-hour claim regarding exempt status of on-car supervisors under FLSA.

Defense of putative class claims alleging violations of California state wage and hour laws.

Defense of putative class action alleging numerous California state wage and hour violations.

Defense of class action claim for unpaid wages and vacation pay under Illinois Wage Payment and Collection Act. Settled. (2000) 

Defense of class action relating to temporary employee benefits

Defense of temporary, part-time and contract worker class actions for employee benefits.

Defense of wage-and-hour class action.

Defense of class wage/hour claims brought against Starbucks.

Represented employer in wage-and-hour class actions brought by temporary day laborers throughout California.

Defended Boeing in a wage-and-hour class action.

Defense of wage payment class action.

Representing nationwide retailer in putative wage-and-hour class action involving client's warehouse employees, and alleging meal and rest break violations as well as donning and doffing claims.

Defense of putative class action alleging numerous California state wage-and-hour violations.

Defense of ERISA class action by retirees over health and pension benefits. Dismissed. (1996)

Represented Boeing in a case where a class of Asian engineers and technical workers in Seattle alleged compensation and discrimination. Successfully limited the size and scope of the certified class, got several claims dismissed before trial, and then tried the remaining class case to a defense verdict before a federal jury.  The verdict was affirmed on appeal.  2002 WL 31095015 (W.D. Wash.2002); 192 F. App'x. 595 (9th Cir. 2006)

Defense of wage/hour claims under California law.

Represented Smart & Final in California class action (with multiple subclasses) brought against employer-client alleging a myriad of wage-and-hour claims (including those pertaining to meal and rest period violations and so-called “off-the-clock” work), and seeking in excess of $100 million in purported damages and penalties. After filing multiple motions for summary adjudication, case was settled on terms favorable to the Company.

Represented Smart & Final in a case where the plaintiff alleged his employer had improperly deducted impermissible costs from his wages, and sought class action status. Before class certification issue was decided, the case was successfully disposed on terms favorable to the employer.

Defense of wage and hour class action.

Defense of age discrimination class action.

Defense of class action claim under Illinois Wage Payment and Collection Act. Settlement approved. (2007)

Successfully defeated Plaintiffs efforts to certify a class of California Store Managers that claimed to have been misclassified.

Defense of wage and hour class action. Case settled on favorable terms.

Lead counsel in nationwide FLSA collective action (together with supplemental state law class claims), alleging numerous federal and state wage-and-hour violations.  After provisional collective action status was established, case was settled on terms very favorable to the employer.

Defense of gender discrimination class action.

Race discrimination class action, 4,000 class members. Summary judgment before trial dismissed compensation claims. Obtained victory in a jury trial and obtained a positive ruling from the bench on the disparate impact claim.

Defense of opt-in class action by college nursing school faculty alleging equal pay and comparable worth violations.

Defense of wage-and-hour class action, with a class of 90,000 employees, in a federal lawsuit to compel arbitration.

Affirmance of summary judgment for Federal Express in wrongful discharge claim.  1997 WL 464628 (9th Cir. 1997)

Defense of consolidated EEOC pattern and practice claims and private putative class action discrimination claims brought against Les Schwab Tire Centers.

Defense of sex discrimination class action.

Defense of FLSA overtime collective action and state law wage claim class action brought by janitorial workers alleging misclassification. Settlement approved. (2007)

Defense of wage and hour class action. Settled favorably following certification.

Defense of ADIC and its directors in class action challenging merger transaction.

Defense of ATL and its directors in a securities fraud class action.

Defense of Amazon.com in securities fraud class action.

Defense of Amgen in ERISA class action arising from transaction in 401(k) plans related to buyout of Immunex by Amgen.

Defended officer in securities class action litigation arising from collapse of country's largest mortgage lender.

Defense of former officer of Bearing Point in securities fraud class action.

Defended company and officers in securities fraud class action.

Defense of Spacelabs and its directors in class action challenging merger transaction.

Defense of company and its directors in class action challenging merger transaction.

Defense of company and its directors in class action challenging merger between Quinton Cardiology Systems Inc. and Cardiac Science.

Defense of former director in securities fraud class action. 

Successfully represented Boeing and two of its senior executives in a securities fraud class action relating to the delay of first flight of the 787 Dreamliner.  Plaintiffs' operative complaint relied on the alleged statements of a confidential source who purportedly possessed high-level knowledge.  After plaintiffs revealed the identity of their source, defendants secured a declaration and deposition from the source, in which he refuted the allegations attributed to him.  Defendants subsequently moved for and won dismissal of plaintiffs' complaint with prejudice.  The court agreed with defendants that plaintiffs' counsel failed to conduct a reasonable inquiry and made material misrepresentations of fact concerning the source's position and personal knowledge.  See City of Livonia Employees' Retirement System v. The Boeing Company, No. 09-CV-7143, 2011 WL 824604 (N.D. Ill. March 7, 2011).

Represented special committee of board of directors in securities fraud class actions arising from going private transaction.

Successfully defended Alaska Native Village Corporation in shareholder class action alleging a discriminatory dividend distribution.  Defense verdict at trial affirmed on appeal. 

Defense of company and officers in securities fraud class action.

Defense of Eddie Bauer and its directors in class action challenging merger transaction.

Defense of Egghead and its directors in securities fraud class action.

Defense of Merrill Lynch Capital Markets, as investment banker, in class action arising from merger of Avia and Reebok.

Representation of communication network manufacturer against securities class action claims.

Defense of Expedia and its directors in class action arising from exchange offer transaction.

Defended client in putative class action involving transfers of unclaimed or abandoned stock to California Controller. Dismissal of all claims. 

Represent company and chief executive officer in class action under state securities laws. 

Trial counsel for Intel Corporation in securities class action arising out of $50 million public offering of shares in Computer Memories Inc., a California disk drive manufacturer. Settled on eve of trial on terms favorable to Intel, the largest shareholder in Computer Memories.

Class action for alleged violation of federal securities laws. Settled on terms favorable to Merrill Lynch.

Trial counsel in class action securities case arising out of initial public offering of shares to investor in collateralized mortgage obligations. Settled on favorable terms.

Defended outside director in securities class action case. Case No. C-01-1287

Defended Deloitte & Touche LLP in federal and state class actions in Arizona. Summary judgment granted dismissing Deloitte & Touche LLP.

Defense of KPMG in securities fraud class action.

Defense of Merix and its directors in securities fraud class action. No. CV04-826 MO. 2005 WL 2244072 (D. Or. Sept. 15, 2005); slip op. (D. Or. Sept. 29, 2006), rev'd, 275 Fed. App'x. 599 (9th Cir. 2008), cert. denied, 129 S. Ct. 736 (2008)

Defense of CEO and CFO in securities fraud class action. 298 F.Supp. 2d 1056 (W.D. Wash. 2003); 629 F.Supp. 2d 1207 (W.D. Wash. 2009)

Represented founder of company in series of securities class actions pending in federal and state courts.

Defense of Omega Environmental and its directors in a securities fraud class action.

Defense of ProCyte and its directors in a securities fraud class action.

Defense of PSE and its directors in class action challenging merger.

Defended a former officer of company in federal securities fraud class action.

Defense of Amazon.com in bondholders' securities fraud class action.

Defended company in securities fraud class action and related shareholder derivative actions.

Defense of Shurgard and its directors in class action challenging buyout transaction.

Trial counsel for various officer and director defendants in a putative class action alleging both state and federal securities fraud claims. The district court granted defendants’ motion to dismiss.

Defended company and board of directors in securities fraud class action.

Defended Intel in a putative shareholder class action. Won on summary judgment.

Defense of company and chief executive officer in securities fraud class action.

Defense of Puget Sound Energy in class action arising from merger transaction.

Represented Deloitte & Touche LLP in class action and other related securities cases.

Trial counsel for Citigroup in putative class action involving Citicorp’s Capital Accumulation Plan where plaintiffs allege certain manipulative practices and misrepresentations in connection with their purchase of CAP stock within the meaning of the Securities Litigation Uniform Standards Act of 1998. Pending.

Defense of purported class action on behalf of nationwide building owners to recover for property contamination; certification motion defeated.

Defense of petroleum additive manufacturer Baker Hughes Inc. in 10,000-customer class action alleging defective high sulphur diesel fuel oil.

Defense of consumer protection/product liability class action involving vermiculite insulation products. Preliminary injunction denied.

Successful defense of products liability class action involving degradation of plastic materials.

Successfully defended raw material supplier in products liability class action involving degradation of plastic materials.

Represented homeowners in individual and class action litigation in the United States and Canada. Tried to successful plaintiffs' verdicts in five jury trials in state and federal courts in Colorado. Verdicts in 2003 and 2004 were among the largest recoveries in Colorado in those years. Co-Counsel in 2004 bi-national class settlement of Entran II litigation. The $300 million settlement was the largest class action settlement in the United States in 2004.

Enforce nationwide class action settlement agreement of products liability claims on behalf of forest products company.

Represented Isuzu in numerous class actions involving motor vehicles in Washington, Pennsylvania, Texas, New Mexico, Florida and California.

Successful defense of products liability class action involving supplier of raw materials and degradation of plastic materials.

Successfully defended major plumbing manufacturers against class actions filed in 18 states and participated in largest national class action settlement of products liability property damage claims in United States. law at that time in which homeowners with leaking polybutylene plumbing systems could receive up to $950 million. Successfully represented major plastic plumbing manufacturer in litigation against its material supplier, DuPont, concerning DuPont's supply of material for fittings for these systems. Brass Craft, et al. v. DuPont; Delta Faucet division of Masco, et al. v. DuPont, et al.; Spencer, et al. v. DuPont, Shell, et al.; Cox et al. v. Shell, Hoechst Celanese, et al.; In re U.S. Brass.

Represented defendant in products liability class action. Case settled.

Defense of The Boeing Company in toxic tort class action litigation involving non-ionizing radiation.

Represented Corning Inc. and its subsidiary in multi-party class action arising out of groundwater contamination in Phoenix and Scottsdale, Ariz. Favorable settlement reached after successful Daubert/Frye hearing.

Lead counsel for third-party defendant Newmont in purported medical monitoring and property damage class action arising out of groundwater contamination. Third-party complaint dismissed.

Represented defendants, law school and its administrators, in a reverse discrimination class action where the use of race as a factor in law school admissions was challenged as an equal protection violation. Denial of class certification affirmed on appeal.  2 F. Supp. 2d 1324 (W.D. Wash. 1998), aff'd, 233 F.3d 1188 (9th Cir. 2000)

Defended Great Western Bank in class action filed by the U.S. Department of Justice and private parties alleging discrimination in lending practices on Native American reservations in Arizona.

Certified class of approximately 7,000 security guard applicants, represented by ACLU, and claiming discrimination (race, national origin, gender) arising from pre-employment testing, settled favorably before trial.

Putative class of California store managers rejected lead plaintiff’s claims leading to de minimus settlement.

Defended a rental car company in a purported class action alleging violations of Business and Professions Code §§17200 and 17500 with respect to the imposition of refueling charges.

Certified class of over 8,000 independent contractors alleging antitrust and labor code violations, and breach of contract. Settled favorably before trial.

Lead trial counsel for craigslist in a class action alleging violation of the Song-Beverly Act. Obtained dismissal of the case without leave to amend.

Defense of statewide wage-and-hour claims and §17200, with individual claims including disability discrimination, settled before trial.

Represented First Data Corporation in multiple consumer class actions related to credit card and processing equipment and services in California, New York and New Jersey.

Certified class action of over 5,000 independent contractors alleging misclassification, labor code violations, and unfair business practices. Settled during trial.

Defeated class certification on affirmative motion to preclude certification of wage claims, including alleged “misclassification” of editors and assistant editors.

Represented Google Inc. in class action litigation alleging violation of state and federal wiretap laws.

Represented Google in defense of consolidated nationwide class actions challenging Google Buzz social networking application for purported violations of Gmail user privacy. Settlement approved by the court.

Represented T-Mobile in defense of putative nationwide class action alleging breach of warranty, consumer protection act and related claims in connection with alleged data loss in connection with Sidekick mobile devices.

Defended a mortgage brokerage company in a purported class action challenging the use of yield spread premiums violated Business and Professions Code §17200 and the Consumers Legal Remedies Act.

Defense of labor code violations asserted on a class-wide basis, and §17200. Settled without litigation.

Counsel for Google in a putative class action alleging violation of the Telephone Consumer Protection Act.

Defense of wage-and-hour lawsuit involving over two dozen newspapers and alleged class of 5,000+ independent contractor delivery service providers. Class certification denied.

Defense of various wage-and-hour class action claims.

Obtained more than 70 dismissals at the pre-trial stage of state unfair business practices cases under §17200 cases against R.J. Reynolds. Several of the cases were multi-billion dollar class action cases disposed in California and overseas at the class certification stage or on summary judgment, never making it to trial.

Defense of putative class action alleging violations of the Fair Debt Collection Practices Act. Pending.

Defended insurer against series of class actions brought on behalf of insureds alleging breach of contract and breach of duty of good faith and fair dealing.

Successfully represented class of Arizona inmates in civil rights litigation, obtaining and defending consent decree over period of several years.

Successfully defended Intel in a putative class action alleging that Intel secretly wrote battery life and other benchmarks for its own benefit and then passed them off to an industry consortium. After the plaintiffs dropped their request for monetary relief and withdrew their class certification motion, the district court granted summary judgment dismissing the claims of several plaintiffs and then dismissed the rest of the case for lack of jurisdiction.

Defense of RICO action seeking nearly $500 million in damages brought against a public utility alleging fraud in the rate-setting process. Obtained a judgment of dismissal, which was affirmed on appeal.

Defended major oil refiner (Texaco) in class action in which consumers alleged that the refiners conspired to fix prices and restrict supply of gasoline in violation of state antitrust law. The trial court granted defendants’ motion for summary judgment and the Court of Appeals and California Supreme Court affirmed.

Defending a rental car company from claims alleging violations of California's Consumer Legal Remedies Act and Business and Professions Code §§17200 and 17500 with respect to its reservation system.

Represented corporation in securing defense and indemnity of lawsuits alleging violations of the Telephone Consumer Protection Act.

Local counsel in defense of online travel company in class actions relating to Washington occupancy and sales tax.

Represented Defendant Career Education Corporation in a class action alleging violations of the Telephone Consumer Protection Act for the sending of text messages promoting educational institutions.

Trial counsel for plaintiff states in multidistrict, price-fixing antitrust class action regarding paper products.

Defended Quantum Corporation in putative class action in which indirect purchasers of DLT compatible tape, which was used with DLT tape drives to back-up and archive computer network server data, alleged that Quantum and the other defendants conspired to fix prices and to maintain a monopoly in violation state antitrust law. Argued motion for class certification.

Defended major oil refiners (Conoco and Valero) in putative class action in which service station dealers alleged that refiners used exchange agreements to restrict supply and raise the price of gasoline in violation of federal antitrust law. The district court granted the defendants’ motion to dismiss and the Ninth Circuit affirmed.

Represented NASCAR Holdings Inc. in a putative class action alleging violation of the Telephone Consumer Protection Act.  Case settled early on terms favorable to client.

Defended Redbox in putative class action alleging violation of the Telephone Consumer Protection Act.

Represented two hospital systems in Department of Justice investigation of alleged Sherman Act Section 1 violations by joint purchasing arrangement among Arizona hospitals for procurement of temporary nursing services.

Represent Sprint in putative class actions asserting claims under federal and state privacy laws, including the Federal Wiretap Act and the Computer Fraud and Abuse Act.

Defended trucking company in putative national class action in which shippers alleged that less-than-truckload (LTL) carriers agreed to fix fuel surcharges in violation of federal antitrust law. The district court granted defendants’ motion to dismiss.

Defended major retailer (Guitar Center) in putative class action of consumers alleging that retailer and vendors conspired to use minimum advertised pricing policies to restrict retail competition for musical instruments and equipment in violation of federal and state antitrust law.

Defended U.S. Smokeless Tobacco Company in more than one dozen class actions in which adult consumers and wholesale distributors of Copenhagen® and Skoal® moist snuff smokeless tobacco alleged claims for monopolization based on category management practices in federal court and in state courts in Kansas, Maine, Massachusetts, Mississippi, New Hampshire, Pennsylvania, Tennessee, West Virginia and Wisconsin. Took and defended depositions of numerous fact and expert witnesses. Argued motions to dismiss and several motions for class certification. Conducted direct examination and cross examination of expert witnesses at trial on issue of class counsel’s attorneys’ fees.

Represented telecom provider in lawsuit to establish insurance coverage for defense and settlement of consumer class action.

Represented NASCAR Holdings in a putative class action alleging violation of the Telephone Consumer Protection Act. Case settled early on terms favorable to client.

Defended hospitals in putative class action in which nurses alleged that independent hospitals conspired to suppress their wages in violation of state antitrust law. Argued and won motion for summary judgment and successful appeal on behalf of all hospital defendants.

Represented manufacturer of allegedly defective body armor, which plaintiffs claim degraded over time and lost its efficacy.

Representing plaintiff class of developmentally disabled individuals in class action lawsuit to increase opportunities for employment in integrated work settings.  Obtained class certification.

Defended a direct retailer of nutritional supplements in a purported class action alleging violations of California Consumer Legal Remedies Act and Business and Professions Code §§17200 and 17500.

Lead counsel for Interpayment Services Ltd. (a subsidiary of Travelex, Ltd. and affiliate of Thomas Cook) and Visa International in this national putative class action in which purchasers of traveler’s cheques who were denied refunds of lost or stolen cheques alleged that defendants misrepresented the conditions under which cheques would be refunded or replaced in violation of the California Unfair Competition Law.

Defending Twitter in putative nationwide class action alleging violations of federal privacy laws, including the Wiretap Act, Stored Communications Act and Computer Fraud and Abuse Act, and related state torts.

Defended Sprint in putative class action alleging violation of the Telephone Consumer Protection Act.

Defended a direct retailer of nutritional supplements in a purported class action alleging violations of California's Consumer Legal Remedies Act and Business and Professions Code §§17200 and 17500.

Represented the National Football League Players Association (NFLPA) in proceedings for approval of class action settlement with retired NFL players who alleged claims for breach of contract, breach of fiduciary duty, and violation of the California Unfair Competition Law (§17200) with respect to licensing revenues received by the NFLPA.

Defense of two hospitals against Sherman Act Section 1 claim arising out of the hospital's participation in a joint purchasing arrangement with other Arizona hospitals to purchase temporary nursing services.

Represented national company in consumer class action pending in St. Clair County Circuit Court in a case involving unjust enrichment and violation of consumer fraud statutes, among other theories.

Represented Defendant Career Education Corporation in a class action alleging violations of the Telephone Consumer Protection Act for the sending of text messages promoting educational institutions.

Represented digital marketing technology provider in putative class action involving the alleged use of spyware/adware.

Defended pharmaceutical manufacturer Lundbeck in national putative class action in which direct purchasers are alleging claims for monopolization in violation of federal antitrust law because of acquisition of drugs that plaintiffs claim are part of the same relevant market.

Plaintiff counsel for State of Washington in multidistrict price-fixing class action related to sugar.

Defended gasket manufacturer in case alleging need to repair gaskets in more than 120,000 Chrysler vehicles.

Defense of wage and hour class action involving class of independent contractor delivery service providers.  Class certification denied; reversed on appeal; briefing complete before California Supreme Court.

Defense of putative wage-and-hour class action involving alleged class of independent contractor delivery service providers.

Defense of putative wage and hour class action involving alleged class of call center employees.

Defended Starbucks in consolidated nationwide consumer protection class actions challenging pricing practices for scooped whole bean coffee purchased in amounts under one pound.

Defense of putative wage and hour class action involving alleged class of service technician employees.

Defense of putative wage and hour class action involving alleged class of independent contractor delivery service providers.

Defense of wage and hour class action involving class of independent contractor delivery service providers.