Class Actions

Experience Highlights

• Brooks Brothers Group in obtaining dismissal of a putative data breach class action involving point-of-sale systems. Ables v. Brooks Brothers Group
• Charles Schwab & Co., Inc. in defeating class certification in a purported 10b-5 securities class action alleging Charles Schwab misled customers about its order routing and order execution.
• Dunkin' Donuts in obtaining dismissal of putative class action alleging deceptive advertising. Chen v. Dunkin' Brands
• 7-Eleven in putative class actions alleging breach of contract/warranty, misrepresentation, consumer fraud, and false advertising.
• Samsung in consumer class action litigation arising out of the recall of the Galaxy Note7 phone due to the lithium ion battery issues. We continue to represent the client in consumer class actions alleging related issues for other Samsung Galaxy phones. In re: Samsung Galaxy Smartphone Marketing and Sales Practices Litigation
• Kohl's Department Stores in securing summary judgment as to the monetary claims in a purported class action alleging false price comparison advertising. This was the first case to reject the "alternative" measures of restitution set forth in Spann v. JC Penney that authorized a full refund of the purchase price, among other things. Affirmed on appeal. Chowning v. Kohls Department Stores, Inc.
• Honeywell in the defense of a consolidated class action and approximately 45 individual toxic tort suits arising out of the presence of PFOA in the groundwater and municipal water supply of Hoosick Falls, New York. Baker et al. v. Saint Gobain Performance Plastics Corp. et al.
• Hologic and Cynosure in defeating class certification and obtaining summary judgment in a purported class action regarding the efficacy of the SculpSure device.
• Fujikura Ltd., Fujikura Automotive America LLC, and Fujikura America in a direct purchaser class action; separate indirect purchaser class actions brought by end payors, automobile dealers, truck and equipment dealers, and public entities alleging price-fixing with regard to automotive wire harnesses and related products; and state attorney general litigation. In re Auto Parts Antitrust Litigation
• General Electric in securing dismissal of putative class action alleging personal injuries from radiation exposure arising out of the Fukushima nuclear power plant meltdown. Cooper et al. v. Tokyo Electric Power Co.