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Experience
Class Action Defense
Turek v. General Mills Inc.
U.S. Court of Appeals for the Seventh Circuit
Obtained affirmance of the dismissal of a putative class action against our client, General Mills, on grounds that the plaintiff’s deceptive advertising claims were preempted by the Nutrition Labeling and Education Act, which sets forth uniform standards for food labeling. 662 F.3d 423 (7th Cir. 2011).
Scott, et al. v. Cingular Wireless LLC
King County Superior Court (Washington)
State Supreme Court of Washington
Defense of class action over “roaming” charges.
Backus v. General Mills Inc.
U.S. District Court for the Northern District of California
Obtained a stay of a putative class action concerning the lawful use of partially hydrogenated oils in food pending ruling by the FDA.
Product Liability
W.R. Grace Asbestos Claims
Defense of W.R. Grace & Company in multiple claims for asbestos contamination, including cases brought by school districts, building owners and public entities.
Ruben v. Honeywell International Inc.
Superior Court of California, County of Los Angeles
Represented automotive friction products manufacturer in products liability action involving 45-year-old landscaper with peritoneal mesothelioma claimed to have been caused by asbestos exposure from brake changes on personal vehicles (and limited alternative asbestos exposure sources). Obtained judgment of non-suit following successful pre-trial motion to exclude plaintiff's causation experts from testifying at trial.
Webb v. Honeywell International Inc., et al.
Superior Court of California, County of Los Angeles
Represented automotive friction products manufacturer in products liability action involving 67-year-old married (48 year marriage) pipe supply company manager with pleural mesothelioma claimed to have sustained direct and bystander exposure to asbestos from company-supplied truck brakes and over $1 million in claimed economic loss (exclusive of medical expenses). Obtained favorable settlement during trial, including resolution of package of several other similar cases.
Litigation
Post Consumer Brands, LLC v. General Mills, Inc.
U.S. District Court for the District of Minnesota
Successfully defeated motion for preliminary injunction in design patent infringement action, as lead defense counsel on behalf of defendant General Mills. After transfer of the action from the Eastern District of Missouri to the District of Minnesota, conducted two months of expedited discovery relating to plaintiff’s design patent infringement claim. The District of Minnesota denied the motion for preliminary injunction, holding that General Mills had raised a substantial question concerning the validity of plaintiff’s design patent.
State of Ohio, et al. v. Baker & Taylor Books & W.R. Grace
U.S. District Court for the Northern District of California
Defense of representative action brought on behalf of state and local book purchasers in 17 states for alleged fraud in book sales; settled favorably.
United Investors Life Insurance Company v. Waddell & Reed Inc., et al.
Action under California Business and Professions Code §17200 for improper and misleading insurance sales practices.
United States of America and State of California ex rel. Costa and Thornberg v. Baker & Taylor Books and W.R. Grace
U.S. District Court for the Northern District of California
Defense of representative qui tam action on behalf of United States and California government book purchasers for alleged fraud; settled favorably; motions to dismiss representative plaintiffs granted.
Valentine, et al. v. NebuAd Inc., et al.
U.S. District Court for the Northern District of California
Represented Internet service providers WOW and Knology in a putative class action in which Internet subscribers alleged violations of federal and state privacy laws arising from the defendants' use on a trial basis of the NebuAd system. The system was designed to allow ISPs to serve targeted advertisements to their customers browsing the Web. Each of the ISP defendants was an out-of-state provider with no customers in California. Case dismissed on the grounds that the court lacked personal jurisdiction.
Zausner Foods Corporation v. Real Fresh Inc.
U.S. District Court for the Eastern District of California
Tender offer and related securities fraud litigation.
In re Cheerios Marketing & Sales Practices Litigation
U.S. District Court for the District of New Jersey
National counsel for General Mills in defense of purported class actions alleging false and deceptive marketing of the health benefits of Cheerios. Obtained summary judgment dismissal of most of the individual plaintiffs' claims for failure to establish any damage, and summary judgment dismissal of the class action allegations of the remaining plaintiffs.
