Class Action Defense

Companies facing the threat of a class action turn to us to navigate the process and secure the best result. That’s no surprise given that we have handled over 180 threatened or filed class actions and are recognized by our peers as leaders in the field. We also regularly present to both in-house counsel and other class action lawyers on the latest developments in class action law.  

We have defended class actions across a variety of industries and subject matters, as indicated by our list of representative matters below. We have also litigated class actions in both California and federal courts throughout the country. 

Representing automobile company in a putative class action in which Plaintiffs allege certain vehicles suffer from a safety defect. DTO was able to eliminate the nationwide class claims, limiting certification to three classes: one in California and two in Illinois. At summary judgment, DTO persuaded the court to enter judgment against one of the Illinois classes (the largest of the three classes). Trial took place in August 2023. DTO prevailed on the CA class claim. The matter is now pending appeal in the Ninth Circuit.

Representing Defendant in a putative class action in which plaintiffs allege Defendant’s UTVs are falsely advertised insofar as they have an OSHA label indicating compliance with a certain OSHA standard when, in fact, the UTVs do not meet that standard. Defendant is vigorously defending this case. This case is presently in discovery. Class certification will be briefed in Spring 2024.

Represented automobile company in a putative nationwide class in which Plaintiffs claimed Defendant’s vehicles had a defective tow hitch wiring harness that was susceptible to catching on fire. After a series of Rule 12(b)(6) motions was able to reduce the scope of the case, a recall was issued which mooted Plaintiffs’ claims. Plaintiffs proceeded to file an Attorneys’ Fees Motion, arguing they were the “catalyst” for the recall, while Defendant opposed arguing that was simply untrue. Ultimately, the court denied the motion, finding, inter alia, there was no evidence to suggest plaintiffs were, indeed, the catalyst for the recall. The decision is one of the few in which a court denied catalyst fees in the automotive context. Following the ruling on the Plaintiffs’ motion, all remaining claims were voluntarily dismissed.

Represented manufacturer and retailer in a putative class action in which Plaintiffs claimed that the Defendants’ “Keto-Friendly” snacks were falsely advertised because they contained certain sugar ingredients that are not compatible with a Keto diet. DTO filed a motion to dismiss, arguing that a reasonable consumer would not be deceived as a matter of law. The motion was granted in its entirety, and the case was dismissed.

Secured a major victory for client HP Inc. in a putative class action when a court ruled that the Plaintiff could not represent a nationwide class. The Plaintiff, New York resident Radek Barnert, filed suit against HP for breach of contract based on the implied covenant of good faith and fair dealing, violation of New York General Business Law, and violation of the consumer protection statutes of 50 states and the District of Columbia. His allegations centered around HP’s subscription-based program “Instant Ink.” DTO argued HP’s choice-of-law provision–which specifies that the law of each consumer’s home state applies to their claims–applied to Barnert’s claims. DTO further argued that, as a New York resident who bought his printer in New York, Barnert lacked standing to pursue claims under the laws of 50 other jurisdictions on behalf of consumers residing in other states. The court adopted DTO’s argument, dismissing the Plaintiff’s breach of contract and consumer protection claims for all states other than New York. The parties resolved the case on an individual basis thereafter on terms very favorable to HP.

Representing Defendant, a cosmetics company, in a putative nationwide class action in which Plaintiffs argue Defendant has falsely advertised its entire product line. Specifically, Plaintiffs allege Defendant’s decades-long advertisement that its products are “not tested on animals” is untrue because Defendant sold products in China during a time period when China required animal testing of certain cosmetic products.

Successful in consolidating two false advertising class actions for a subsidiary of a major CPG company in the Southern District of New York.  The consolidated amended class action complaint alleges Defendant, a dietary supplement that promotes hair health and growth, is falsely advertised as “clinically proven” because scientific evidence does not support the product’s efficacy-related label claims.  DTO has filed a motion to dismiss the allegations on the basis that they are implausible.  In arguing that Plaintiffs had not plausibly alleged defendant’s efficacy claims were false, DTO also leveraged arguments that appeal to common sense, including that not all Products work the same way for everyone and just because the Products did not work for Plaintiffs does not mean they are ineffective.  DTO also argued the California claims should be dismissed as lack of substantiation claims.

Representing Tremendous (formerly known as GiftRocket) in a putative class action filed by a class of small businesses who claim their goodwill and reputation were harmed and that the public believed they were affiliated with GiftRocket. The Plaintiffs allege violations of the Lanham Act and New York consumer protection laws. This is an unusual case, as Lanham Act claims are very rarely brought as a class action. Tremendous is aggressively defending the case.

Represented Defendants in class actions across the country alleging violations of the federal Telephone Consumer Protection Act (TCPA) and state-specific mini-TCPA.

Represented multiple Defendants in class actions alleging wiretapping violation of California’s Invasion of Privacy Act.

Represented multiple Defendants in close to 200 arbitrations alleging a violation of CIPA. 

Represented a major beauty products retailer in a lawsuit regarding a popular supplement. DTO’s strategic procedural maneuvers led the Plaintiff’s counsel to dismiss the case.

Representing a biotech company in a representative action brought under California’s Private Attorneys’ General Act. The Plaintiff, a lab technician who alleges that the company did not provide adequate meal and rest breaks, itemized wage statements, or overtime compensation seeks to recover penalties on behalf of the other employees and the California Labor Commissioner.

Advised tech company on automatic renewal law compliance.