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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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