Turek v. General Mills

U.S. Court of Appeals for the Seventh Circuit
Obtained dismissal on preemption grounds in this class action litigation involving nutrient content claims. The dismissal was affirmed on appeal, resulting in an opinion that is the first published federal appellate decision on the scope of Nutrition Labeling and Education Act (NLEA) preemption.

In Re Cheerios

U.S. Court of Appeals for the Seventh Circuit
Obtained summary judgment in a multidistrict litigation, successfully showing that the named plaintiffs lacked proof of damages.  An aggressive strategy of seeking summary judgment prior to class certification resulted in substantial litigation savings for the client.

Lam v. General Mills

U.S. District Court for the Northern District of California

Dismissed the majority of the plaintiff’s complaint on NLEA preemption grounds. Our winnowing of the complaint allowed us to mount an aggressive defense to class certification, resulting in a favorable settlement before any class had been certified.

Proposition 65 Cereal Labeling Litigation

Superior Court of California, Los Angeles County

Obtained dismissal on behalf of three different cereal companies in Proposition 65 labeling litigation in California. We achieved this result by a thorough investigation of the organization acting as plaintiff, which led to dismissal on standing grounds.

Taradejna v. General Mills

U.S. District Court for the District of Minnesota

Served as co-counsel and co-author of the briefing that led to the case dismissal on primary jurisdiction grounds. We later negotiated dismissals of two follow-on cases in California

Nature Valley All Natural Litigation

Acting as national coordinating defense counsel in five putative nationwide class action cases pending in California, Colorado, and Minnesota involving the use of the term “All Natural” on product labels.

Larsen, et al. v. Trader Joes

U.S. District Court for the Northern District of California

Represent Immaculate Baking Company in a putative class action against Trader Joe’s alleging that the use of the term “Natural” on certain Trader Joe’s products is false and misleading.

Harold Maple v. Costco Wholesale Corporation et al.

U.S. District Court for the Eastern District of Washington

Serving as lead counsel for Costco in this purported consumer class action alleging violation of Washington’s Consumer Protection Act, mis-representation and negligence in connection with a claim of “natural caffeine” on a beverage sold at Costco under the name “VitaRain Vitamin Enhanced Water Beverage.”

John Phelan v. Lifeway Foods, Inc.

U.S. District Court for the Northern District of California

Represent Lifeway Foods, Inc. in a putative consumer class action alleging violation of California’s Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law and related causes of state law in connection with claims that some of Lifeway’s kefir beverages provide heart-health and immunity benefits.

Rizvi And Qadri v. Krispy Krunchy Foods, LLC

Obtained dismissal for an alleged false labeling action involving an issue of halal chicken.