Complex Litigation & Class Action Matters
Defended beverage company in putative class action asserting California Consumers Legal Remedies Act, California False Advertising Law, and California Unfair Competition Law arising out of the company’s reference to fruits and vitamins and use of the phrase “all natural” on its packaging. Successfully moved to dismiss on the ground that claims related to references to fruits and vitamins were preempted by the FDA, and reasonable consumers would not be misled by the term “all natural.”
Defended underwriter banks in multiple multi-jurisdiction class actions involving mortgage-backed securities, reaching dismissals and favorable settlements for the underwriters after filing motions for summary judgment.
Defended multi-national company in class actions brought in multiple jurisdictions in the United States by foreign employee plaintiffs alleging injuries from chemical exposures. Successfully argued the class actions were time-barred, resulting in the dismissal with prejudice of thousands of claims.
Defended developers in mass tort litigation involving alleged pollution dating back several decades. Michelle successfully moved to exclude the plaintiffs’ expert, without whom the plaintiffs’ case against the developers would fail. As a result, Michelle’s clients reached a favorable settlement.
Defended software provider in putative class action asserting claims for fraudulent inducement; breach of express and implied warranties of merchantability, breach of contract; and unjust enrichment arising out of allegations that software did not perform as advertised. Successfully moved to dismiss the Complaint on the ground that the named plaintiff failed to allege a concrete injury. After successfully moving to dismiss the first amended complaint on the same grounds, the plaintiff filed an appeal, which was later voluntarily dismissed without settlement.
Business Disputes
Defended former directors of failed technology company in breach of contract action brought by disgruntled former business partner. After trial, the court found the plaintiff failed to prove any of his claims. Michelle moved for attorney fees on behalf of her clients, which were granted in full.
Defended doctor and several business entities who were alleged to be in breach of a medical services contract. Michelle successfully demurred to all of the claims, including by arguing that the alleged contract did not exist. After the demurrers were sustained without leave to amend, Michelle moved for attorney fees based on an attorney fees clause in the unenforceable contract. The motion was granted in full.
Defended insurer in bad faith insurance case involving alleged damages in the millions of dollars. Michelle drafted several motions in limine regarding the plaintiffs’ evidence which were granted, resulting in a favorable settlement for her client.