Notable Matters

We represented Pfizer in numerous consumer fraud class actions, including federal multidistrict litigation (MDL), relating to the marketing of Neurontin. We defeated class certification in the MDL and in state courts and have won dismissal of a number of other purported class actions brought on behalf of national and state-wide classes of consumers and third-party payers.
We won a significant victory on behalf of Verizon in New York state court that resulted in the class being decertified in a series of purported consumer class actions alleging that Verizon had falsely advertised and marketed its high-speed Internet service.
We have represented AstraZeneca in recent major consumer class actions, including:
- Obtaining a dismissal for AstraZeneca of a federal multidistrict class action in New York relating to claims that settlement of patent litigation over the cancer drug tamoxifen violated antitrust and consumer protection laws.
- Lawsuits over pharmaceutical pricing, including a multidistrict litigation that settled after trial and numerous state-court actions brought by state attorneys general.
- Numerous cases in which private insurers, consumers, states and state agencies have asserted various common law and consumer protection claims in federal and state courts relating to allegedly inflated reimbursements for prescription drugs by Medicare, Medicaid and private insurers. These actions have involved extensive pretrial proceedings, trials and appeals.

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We routinely represent T-Mobile in its major consumer class actions, including:
- Obtaining a favorable nationwide settlement for T-Mobile in state and federal class actions in California, Florida, Idaho, New Jersey and Washington State that challenged the legality of early termination fees in wireless services contracts and sought refunds in excess of $1 billion. The settlement resulted in T-Mobile paying the smallest amount of any wireless service carrier.
- Federal actions in California and Washington State that challenge the legality of T-Mobile's late payment fees on behalf of an alleged nationwide class. We succeeded in having the California action transferred to Washington State over the objections of the California plaintiffs and won an indefinite stay of both cases.
- A nationwide class action filed in California that challenges the legality of so-called “handset locks” that limit the ability of wireless phones to work on other carriers’ networks. We won final approval of a favorable settlement of all handset locking claims.
- Successfully representing T-Mobile in connection with a putative class action lawsuit challenging, under various California consumer protection statutes, certain provisions in T-Mobile's standard customer service agreement.
We won dismissal of a putative nationwide class action brought in New Jersey Federal Court against our client, Smith & Nephew, a manufacturer of orthopedic devices, and a second orthopedic device manufacturer.
We successfully defeated a motion for class certification in a fraud case against Xactware Solutions, a leading insurance software company, effectively ending the litigation. The case accused Xactware of conspiring with State Farm Insurance Company to undervalue home repair costs in the wake of Hurricanes Katrina and Rita.
We represented Tekni-Plex in defending claims brought in California Federal Court alleging fraudulent marketing of consumer products. After we filed a motion challenging the complaint, the plaintiff voluntarily dismissed her complaint and elected not to refile it.
We represent LG Electronics in direct and indirect purchaser class actions alleging price-fixing and breach of various state consumer protection laws in connection with the sale of optical disk drives. These cases have been centralized in a multidistrict litigation proceeding in federal court in San Francisco.

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Our Approach

Notable Matters