Class Actions

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

  • Defending Southern California Edison against claims arising out of the Thomas Fire in Ventura and Santa Barbara counties, a fire alleged to be the largest in California history, and in litigation arising out of the recent Montecito mudslides which are alleged to be the deadliest flooding event in California in decades.
  • Otero v. Zeltiq Aesthetics: Won dismissal of putative class action against Allergan subsidiary Zeltiq Aesthetics, alleging that customers of the company’s high-profile CoolSculpting fat-freezing system were deceived by marketing materials that described the medical device as having been “cleared,” but not “approved” by the U.S. Food and Drug Administration.  (See Law360: Allergan’s Fat-Freezing Unit Freed From False Ad Claims)
  • Shin v. Umeken USA et al.: Won dismissal of putative class action brought against our client, a leading health and dietary supplement company, alleging claims of false advertising, misbranding and RICO, as well as violations of the Federal Food Drug and Cosmetics Act.
  • Ruhnke v. Allergan: On behalf of client Allergan, obtained a low five-figure settlement in a putative consumer class action litigation seeking over $85 million in damages. The settlement came on the eve of Plaintiffs’ certification papers being due, and following aggressive offensive discovery that revealed facts damaging to Plaintiffs’ case. The suit alleged that Allergan’s leading skincare and cosmetics line is in violation of the Food Drug and Cosmetics Act, and that the product was being marketed in a way that violates false advertising and unfair competition laws.
  • Hammock et al v. Nutramarks Inc. et al.: Won dismissal of federal putative class action regarding homeopathic medicines, following aggressive and strategic offensive discovery that revealed the inadequacy of multiple lead plaintiffs and legal deficiencies in the overall case.  Plaintiffs agreed to voluntarily dismiss the action just days before their motion for class certification was due.
  • 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.
  • Lea v. LinkedIn Corp.: Represented LinkedIn Corp. in a putative consumer class action alleging violations of California’s common law right of publicity and California’s Unfair Competition Law based on use of member’s names and pictures in emails to other members.  After filing a motion to dismiss, obtained a highly favorable settlement.
  • Lesnik v. Eisenmann et al.: Representing Tesla in a putative class action asserting that Tesla and other defendants, including automakers BMW, Mercedes, Volkswagen, and Volvo, violated U.S. immigration law, minimum wage and labor law, federal trafficking statutes, and RICO.
  • Hammock et al v. Nutramarks Inc. et al.: Obtained dismissal of federal putative class action, following aggressive and strategic offensive discovery that revealed the inadequacy of multiple lead plaintiffs and legal deficiencies in the overall case.  Plaintiffs agreed to voluntarily dismiss the action just days before their motion for class certification was due.
  • 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.
  • Lopez v. Caskers LLC: Obtained the voluntary dismissal of a putative class action alleging violations of California’s Automatic Renewal Law, on behalf of Caskers LLC, the leading e-commerce company focusing on the curation and sale of craft spirits.