Cases
Representative Cases: Peter Herzog has defended two certified class actions at trial
has won dismissal or defeated certification more than 100 times. His practice is focused on defending corporations from consumer class actions
complex commercial litigation.
Webb v. Volvo Cars (E.D. Penn. 2018) - Obtained dismissal of a putative class action lawsuit against Volvo involving alleged misrepresentation
false labeling related to safety features.
Star Funding v. Tire Centers, et al., 17-1074 (2nd Cir. 2017) - Won Second Circuit affirmance for a Michelin subsidiary upholding summary judgment from the Southern District of New York. The case involved fraud perpetrated by a former employee
a third party.
Taylor, et al. v. Michelin North America, Inc., et al. (N.D. Okl. 2017) - Representing Michelin
Goodrich Corp. against class action claims brought by more than 100 plaintiffs alleging groundwater contamination by benzene
other chemicals from a long-closed tire manufacturing plant in Oklahoma. Claims include nuisance, trespass, unjust enrichment,
RCRA violations.
Rehberger et al. v. Yahoo! (S.D. Ill. 2016) - Successfully resolved a putative class action against Yahoo! involving alleged violations of the Illinois Eavesdropping Statute.
Obtained dismissal of two putative class action lawsuits for Yahoo! in Ohio state court alleging that daily fantasy sports contests on the website amounted to illegal gambling.
Neale v. Volvo Cars of North America, LLC, No. 14-1540 (3rd Cir. 2015) - Won a precedential, Third Circuit opinion for Volvo that vacated a district court's order to certify classes in six states to pursue claims that the sunroof drains in all Volvo models manufactured from 2003 to the present are defective. The circuit court rem
ed the case with instructions to rigorously analyze predominance in the first instance.
L.G. Motorsports v. NGMCO & Michelin (5th Cir. 2015) - Won Fifth Circuit affirmance of a trial court's summary judgment for Michelin in a case alleging that Michelin
General Motors conspired to prevent the plaintiff from obtaining Michelin racing tires for use in the American Le Mans racing series. The original complaint included antitrust claims, which were dismissed,
unfair competition claims that survived until discovery, when no evidence supporting such claims was produced
the trial court granted summary judgment.
L.G. Motorsports v. NGMCO & Michelin (E.D. Tex. 2014) - Won summary judgment for Michelin in a case alleging that Michelin
General Motors conspired to exclude the plaintiff from participation in The American Le Mans racing series.
Amata v. Toyota (C.D. Cal. 2013) - Won dismissal of a nationwide class action alleging defects in two Scion vehicles.
In re: Bisphenol-A (BPA) Polycarbonate Plastics Product Liability Litigation (W.D. Mo. 2011) - Defeated motions to certify nationwide, statewide,
issues classes in multidistrict litigation involving the chemical bisphenol A (BPA).
In re Ford Explorer Cases (Cal. Sacramento Cnty. Super. Ct. 2007) - Defended Ford Motor Co. in a four-month certified class action trial involving $2 billion in consumer fraud claims. On the day set for closing arguments, the plaintiffs agreed to a no-cash, coupon-based settlement for the California class
classes in three other states with pending parallel actions.
Thiedemann v. Mercedes-Benz USA, 183 N.J. 234 (2005) - Won the seminal New Jersey decision on ascertainable loss in consumer fraud actions
affirmed summary judgment in favor of Mercedes-Benz.
In re 2005 U.S. Gr
Prix Litigation, 489 F.3d 316 (7th Cir. 2007) - Successfully defended before the Seventh Circuit a Rule 12 dismissal of all claims relating to a proposed nationwide class action arising out of the 2005 United States Gr
Prix in Indianapolis.
Phillips v. Ford (Ill. Cir. Ct. 2007) - Obtained decertification of a certified nationwide class action against Ford.
Morris & Matlosz v. Mercedes-Benz (N.J. Law. Div. 2009) - Won summary judgment against named plaintiffs in a proposed nationwide class action against Mercedes-Benz.
Robinson v. American Honda, 551 F.3d 218 (4th Cir. 2009) - Won a Rule 12 dismissal of a proposed nationwide class action against Michelin
won appeal of the dismissal in the Fourth Circuit Court of Appeals.
Dabush v. Mercedes-Benz, 874 A.2d 1110 (App. Div. 2005) - Won summary judgment in favor of Mercedes-Benz
won appeal of summary judgment based on the plaintiff's inability to prove ascertainable loss.
St. Clair County
City of Centreville v. Ford (Ill. St. Clair Cnty. Cir. Ct. 2004) - Won a complete defense jury verdict for Ford in a six-week, certified class action trial in Illinois.
