Class Action Defense

  • Currently representing large California credit union in defense of putative class action challenging debit card overdraft practices. Litigation is on-going.
  • Successfully defended large window manufacturer in nationwide class action asserting violations of the Magnusson-Moss Act and state unfair business practices claims. Downey Brand’s successful motion for judgment on the pleadings resulted in judgment in favor of client on the merits.
  • Represented computer parts distributor in nationwide consumer class action involving claims of unfair competition and fraud. As part of the strategy Downey Brand developed for attacking the lawsuit at the pleadings stage, prior to discovery and significant legal costs, Downey Brand obtained disqualification of class action counsel, which ultimately resulted in dismissal of all class allegations against client.
  • Represented Fortune 500 national dialysis provider in a state-wide wage and hour class action for unpaid overtime, missed rest and meal breaks, penalties and unfair business practices. Downey Brand aggressively worked to analyze the facts and defenses early in the case, which strongly positioned client at mediation, resulting in favorable settlement of claims involving putative class of more than 700 current and former employees.
  • Represented large regional food processing company in arbitration on two separate class claims, one for violation of California’s Unfair Competition Law based on allegations that client engaged in practices designed to drive down crop prices, and one for conversion based on allegations that client failed to pay money owed under grower contracts. Downey Brand obtained an order decertifying the class on the Unfair Competition Law claim, and successfully defended client at the arbitration on the conversion class claim, obtaining a complete defense verdict as well as substantial award of attorney’s fees against the class representative.
  • Represented national retailer in class action involving up to 1,000 former and current employees. Downey Brand successfully opposed motion for class certification which resulted in nominal settlement with representative plaintiffs.
  • Litigation and appellate counsel for shopping center owner in defense of class action suit filed by group of tenants for fraud, unfair and deceptive business practices, and breach of contract. Downey Brand defeated plaintiff’s motion for class certification, based on plaintiff’s failure to demonstrate common issues of fact or law, which was upheld on appeal based on Downey Brand’s briefing.
  • Counsel for national fireplace manufacturer in two personal injury class actions asserting strict products liability and negligence claims based on failure to warn of dangerous and defective product. Downey Brand obtained settlement on terms favorable to client following meditation (details cannot be provided per confidentially agreement).

The Downey Brand Story

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