Class Action

Folger Levin & Kahn LLP has an excellent track record defending a wide variety of clients, including clients in the rental car, retail, Internet and software industries, in class actions across the country. We have successfully resolved consumer, securities, antitrust and employment class actions against these clients, in many cases by obtaining summary judgment, defeating class certification and/or negotiating favorable settlements.

Notable Cases

  • Representation of Yahoo! Inc. in numerous class actions and California Business & Professions Code § 17200 actions involving privacy, contract and other issues.
  • Representation of Amazon.com, Sears, Kmart and Target Corporation in a California Business & Professions Code § 17200, Consumer Legal Remedies Act and false advertising action challenging computer printer sales.
  • Representation of the outside directors of McKesson HBOC, Inc. in federal securities class actions arising out of McKesson HBOC’s restatement of its earnings following the merger of McKesson and HBOC.
  • Representation of the members of the audit committee of the Board of Directors of Informix Corporation in federal and state securities and derivative litigation arising out of Informix’s restatement of its earnings.
  • Representation of Kenetech Corporation, formerly the nation’s largest wind turbine manufacturer, and its officers and directors in a federal securities class action alleging several major categories of misrepresentations, scores of claims for relief and damages of several hundred million dollars.
  • Representation of Enterprise Rent-A-Car and its United States subsidiaries in consumer class actions across the country, including California (won summary judgment in an action under Business & Professions Code § 17200); Florida (defeated class certification); Massachusetts (obtained reversal of a partial summary judgment decision from the Supreme Judicial Court, and, on remand, won motions for summary judgment under the state consumer protection act, which were subsequently affirmed by the Supreme Judicial Court); New Jersey (defeated class certification and won motion to dismiss complaint in action under the state consumer fraud act and common law); and New York (defeated class certification and won summary judgment under the state consumer fraud statute).
  • Representation of The Deutsch Company, a major manufacturer of aerospace equipment, in environmental and personal injury class actions.
  • Representation of a computer software company in a Y2K class action by purchasers of automotive warehouse software.
  • Representation of First Nationwide Savings in a class action in federal district court involving alleged violations of state and federal statutes in adjusting the interest rates on approximately 130,000 adjustable rate mortgage loans in 45 different states.
  • Representation of First Nationwide Bank in a class action brought on behalf of Consumers Union alleging false advertising and violation of state consumer protection statutes in mortgage lending practices.
  • Representation of a leading investment banking firm in a nationwide securities class action in state court seeking damages of tens of millions of dollars based on alleged market manipulation of Guiness ADRs.
  • Representation of the leading vendor of red light camera systems in a statewide class action brought by California drivers who received traffic tickets.
  • Representation of employers in Title VII, wage and hour, ERISA and WARN Act class actions, including defeating class certification and winning summary judgment on behalf of a national law firm in a class action lawsuit brought under the federal Worker Adjustment and Retraining Notification (“WARN”) Act and its California counterpart.

Representative Clients: Enterprise Rent-A-Car Company; Yahoo! Inc.; Target Corporation; The Deutsch Company.

For more information, contact:
Gregory D. Call, Chair of Litigation Department, gcall@flk.com
Wesley D. Hurst, Managing Partner of the Los Angeles Office, whurst@flk.com

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