Cases
Representative Matters: Class Actions/Complex Litigation
Represented an auto parts manufacturer in a bankruptcy proceeding commenced by a major automobile manufacturing company. Our client purchased the assets of a division of the auto company in an Asset Purchase Agreement (APA) that placed ongoing indemnity obligations on the auto manufacturer in connection with various litigation
potential claims relating to products manufactured
premises occupied during the time period prior to the APA. In the bankruptcy, we obtained dismissals in several ongoing actions,
successfully pursued a claim for its costs of defense,
obtained critical protection from liability for asbestos claims during the time period prior to the APA. We assisted the client in obtaining protected from liability for future claims relating to the subject of the bankruptcy. This is a relatively unprecedented achievement in a bankruptcy that does not involve a Section 524(g) trust.
Negotiated a negligible settlement avoiding the costs of litigation on behalf of a small, family-run juice manufacturer in a nationwide class action suit involving alleged violations of FDA labeling requirements of sugar content in food products.
Negotiated a favorable settlement, avoiding the costs of a nationwide class action suit, on behalf of an international cosmetics company in a case involving alleged violations in FDA advertising requirements for cosmetics resolving all claims favorably without suit being filed.
Defeated class action certification on behalf of an international corporation which designed
sold through various distributors telecommunications cable that was manufactured by a third party. A worldwide class action was brought against our client for alleged defects in the cable, with claims of negligence, breach of implied
express warranty,
breach of various states' consumer protection/fraud acts. The Court denied the plaintiffs' motion for class certification in its entirety, holding that the proposed nationwide class (formerly worldwide) for the express warranty claim could not be certified because the laws of each putative class member's state (or foreign country) of residence applies,
conflicts with those laws meant that common issues did not predominate. An appeal filed by the plaintiffs is pending in the Ninth Circuit.
Defeated a putative class action on behalf of a large national retailer of electronics
other products, who claimed these consumer products spontaneously caught fire when the battery was charged. The plaintiff sought a class action on behalf of himself
all similarly situated purchasers of the same products spanning a period of years. Kathy obtained dismissal of the action.
Represented 10 defendants in a highly complex case involving the food
beverage industry. The case involved six separate agreements, eighteen causes of action,
2.4 million pages of documents produced by plaintiff's counsel. We responded to thous
s of discovery requests,
took or defended twenty-three depositions. Ultimately, we were able to get this complicated case into a settlement conference
resolve it favorably for our clients for a fraction of the initial dem
.
Served as shared counsel to three international corporations,
as liaison counsel to the court in 15 mass tort actions coordinated before the LA Superior Court's Complex Litigation Department in Central Civil West. The 15 actions were filed by more than 1,500 plaintiffs, alleging personal injury, wrongful death
property damage,
named more than 50 industrial manufacturing companies
seven public
private water purveyors as defendants. The injuries were alleged to have been caused by contaminated drinking water due to underground TCE, PCE perchlorate, dioxane,
NDMA as the primary contaminants. After the trial court granted us a demurrer based on the issues of primary jurisdiction
preemption, Kathy's display of leadership resulted in her invitation to participate in the Complex Litigation Symposium II presented by the Los Angeles Superior Court Judges h
ling complex litigation. It was Kathy's leadership in successfully moving for change of venue, thereafter coordination
ultimately the decision to argue primary jurisdiction of the PUC which were turning points in this litigation.
Secured a negligible settlement on behalf of a technology association in a class action brought against a top manufacturer
56 co-defendants that manufactured portable, car, home,
home theater audio speakers in which the plaintiffs alleged unfair
fraudulent business practices. According to the suit, no st
ard effective piston area to outside diameter ratio existed upon which a consumer could rely in assessing the quality
power of a speaker.
In earlier years, Kathy served as national trial counsel in both the breast implant litigation as well as the early rounds of the asbestos litigation. She tried cases in 14 states on behalf of asbestos defendants
obtained defense verdicts in every case tried.
In a rare plaintiff's case, Kathy's longtime client, a national HVAC manufacturer, brought suit against a national laboratory for contract
construction delay damages regarding installation of air h
lers at the facility. After a one-day mediation, the client obtained a significant settlement representing costs
damages generated by the defective design
changes required by the defendant.
Obtained dismissal in a $26 million construction delay damage claim based on International Shoe lack of minimum contacts. The dispute arose during the construction of the largest mozzarella cheese manufacturing facility in the US, for which the client was contracted to install air h
lers
chillers. We extricated our client through a motion to dismiss based on lack of jurisdiction
forum selection.
Environmental
Successfully resolved a $225 million claim filed against a leading distributor of research laboratory products in a complex federal litigation alleging breach of a commercial real estate contract
environmental contamination. The plaintiff, a commercial property entity, claimed our client allowed chlorinated solvents, gasoline components (such as benzene
toluene), metals,
other hazardous substances to remain unremediated on the leased property. After leading a strategic discovery campaign, Kathy
her team achieved an amicable settlement of all matters at an early phase in the litigation, before any corporate deposition or costly expert discovery took place.
Secured a dismissal of all claims against our clients, an environmental contractor, municipal authority,
five cities, brought by the developers of properties neighboring a l
fill who alleged that contamination from the l
fill migrated onto their properties
prevented development. The plaintiffs sought millions of dollars in claims for cost recovery
contribution pursuant to the Natural Resources
Environmental Protection Act (Michigan's version of CERCLA), as well as tort claims for negligence, trespass,
nuisance. Obtained summary judgment on all of the plaintiffs' claims resulting in dismissal of the action.
Secured a dismissal prior to trial for a dry cleaning manufacturer when a private water provider filed suit against numerous companies involved in the dry cleaning industry, including equipment manufacturers, chemical manufacturers,
retail dry cleaning companies, alleging its groundwater supply in Southern California was contaminated with TCE from the defendants' business operations. The plaintiff sought millions of dollars in remediation costs, as well as punitive damages. By examining our client's records
public records, we were able to demonstrate that our client did not supply dry cleaning equipment to any company doing business over the aquifer from which the plaintiff obtained its water.
Currently representing,
has historically represented, clients in various Proposition 65 lawsuits. These clients have been manufacturers of food products, wine, jewelry,
imported c
ies.
Product Liability/Toxic Torts
Completely resolved a high-stakes, protracted personal injury lawsuit on behalf of our client, a US common freight carrier, brought by a longshoreman who was injured at a commercial maritime facility in Southern California. The plaintiff dismissed our client from the personal injury litigation
proceeded to take a multi-million dollar default judgment against a Malaysian entity, which it then sought to enforce on our client, under alter ego
fraudulent conveyance theories. Not only did we obtain a summary judgment dismissing all claims against our client, but we secured sanctions against the plaintiff for procedural
discovery abuse as a result of an attempt to coerce our client to settle.
Served as national trial counsel, working with a team of lawyers assembled nationwide to defend a Fortune 500 company in a product liability matter involving silicone gel breast implants. In addition to serving as trial counsel, Kathy was also retained to prepare the scientific
medical experts
assist in preparing a punitive damage defense for the company.
Successfully defended six class action cases on behalf of a Fortune 500 international company that manufactured cell phones sold in the US. The plaintiffs alleged personal injury
alleged unfair business practices, claiming that the defendants manufactured, supplied, promoted, sold, leased,
provided service for wireless h
held that allegedly generated
emitted radio frequency radiation that caused injury. We successfully challenged the prosecution under Daubert,
subsequently helped prepare the updated product insert labels to stave off future claims.
Successfully settled a matter for less than 15% of the initial $2.4 million dem
in a wrongful death suit. The plaintiffs were the family of a deceased fertilizer worker
claimed the decedent contracted Non-Hodgkin's Lymphoma from exposure to fertilizers, including granular
liquid ammonium nitrate, manufactured by our clients.
Obtained a complete dismissal for our clients, a copier manufacturer in a case where the plaintiffs, the family of a copy machine repairman, sued our client in an action for wrongful death, alleging that he was exposed to asbestos while repairing copy machines. Through early factual
legal case assessment
valuation, we were able to convince the plaintiffs' lawyer that it was scientifically impossible for any asbestos to be released from our client's product.
Secured a negligible settlement on behalf of the defendant, a l
lord for an apartment complex. The plaintiffs alleged they suffered personal injuries
property damage as a result of mold in the apartment they rented. Through the investigations of our expert consultants
a private investigator, we were able to assemble a large amount of evidence indicating that the mold came about as a result of the living habits of the plaintiffs.
Won a dismissal after we disqualified the plaintiff's causation expert. We were retained as trial counsel six weeks before the trial to defend a client in property damage cases in which 435 plaintiffs sued alleging personal injuries, wrongful death,
decline in property value due to groundwater contamination arising from a l
fill in Louisiana.
