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Class Action Defense

Hueston Hennigan attorneys have defended companies in high-profile, complex and significant class actions. We aim to develop a comprehensive strategy to dispose of these cases as quickly as reasonably possible. This includes, in the early stages, challenges to the pleadings and early, offensive discovery to defeat class certification. Our attorneys have also successfully resolved cases after certification through, for example, summary judgment and trial. As with all of our matters, we bring trial lawyer training and rigorous investigatory skills to class action defense.

Representative Matters

  • Lambert v. Nutraceutical Corp. Secured decertification of a consumer class action against Nutraceutical Corp., a publicly traded and leading manufacturer of health and dietary supplements, in litigation alleging that the one of its top-selling products violated California false advertising and unfair competition laws. After the court certified the class at an early stage of litigation based on numerous representations plaintiffs made about what they would prove during discovery, we set forth an aggressive discovery plan designed to hold plaintiffs' feet to the fire, and, following the close of discovery, we successfully moved to decertify the class, and also obtained the dismissal of one of the two lead plaintiffs, who we had caught lying during his deposition.
  • Ruhnke v. Allergan plc. We represent Allergan plc in a putative class action litigation seeking over $85 million in damages. The suit alleges that Allergan's leading skincare and cosmetics line violates the Food, Drug and Cosmetics Act, and that the product is being marketed in a way that violates false advertising and unfair competition laws. We obtained a strategic stay of the case pending the Ninth Circuit's ruling in a related, and potentially dispositive, class action appeal.
  • Plaintiff v. Consumer Products Company. We obtained the voluntary dismissal of a consumer product company client from a putative class action litigation alleging the company violated false advertising laws by misleadingly labeling a product as "organic," when the product allegedly failed to meet California code standards for organic certification.
  • Spears v. First American eAppraiseIT. Substituted in after a national class was certified with alleged damages exceeding $150 million. After a successful motion, obtained settlement for less than $10 million.
  • Opperman et al. v. Path, Inc., et al. We represent Electronic Arts in a putative consumer class action alleging an invasion of privacy claim premised on use of a "Find Friends" feature integrated into two iPhone-based games distributed by Electronic Arts.
  • Plaintiff v. Consumer Products Company. Secured class decertification and a dismissal with prejudice of a false advertising class action against a homeopathic and dietary supplement company alleging violations of state consumer laws.
  • Cole v. Long John Silver's Restaurants, Inc. Represented Yum! Brands subsidiary in one of the largest-ever FLSA wage and hour collective actions, including multiple trial phases, resulting in a favorable settlement.
  • Hammock v. Nutramarks, Inc. et al. We represent a leading manufacturer of homeopathic products in a putative national consumer class action litigation alleging that the company's products violate the false advertising and unfair competition laws of multiple states.