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Practice Areas

Consumer

As experienced class action attorneys, the firm's lawyers have prosecuted a variety of consumer class actions over the years.

The firm is currently representing purchasers of "FiveFingers" running shoes in a Massachusetts action claiming that Vibram USA Inc. and others falsely represented that the shoes provide health benefits.  The firm also represents iTunes account-holders in a consumer protection case brought against Apple, Inc.  to recover charges incurred by their minor children through "in-app" purchases made while playing gaming apps promoted as free.

In the past, the firm has represented consumers in various actions including one on behalf of purchasers of Apple Computer products who were allegedly deceived regarding the technical phone service available to them. After extensive negotiations, the firm obtained a settlement that provided affected consumers with virtually all the relief sought in the case. The firm also has represented consumers in actions against Toys"R"Us and Chevron, resolving both cases through innovative means.  The firm also obtained a significant decision from the California Court of Appeals in Roskind v. Morgan Stanley Dean Witter & Co., 80 Cal. App. 4th 345 (2000), holding that the federal securities laws did not preempt customers from pursuing unfair/unlawful business practices claims against their brokers.

In addition to prosecuting such cases, the firm also prepared amici briefs.  Most notably, the firm was retained by the California Teamsters Public Affairs Council, the California Nurses Association and the Service Employees International Union to file an amicus brief before the California Supreme Court regarding the standing requirements to pursue claims under California's False Advertising laws when a company falsely labels a product as "made in America."  The California Supreme Court ultimately found in favor of the consumer class members in a landmark opinion.  Kwikset Corp. v. Superior Court, 51 Cal. 4th 310 (2011).

For a complete list of our consumer cases, use the pull-down menu on the right. Select the "Consumer" practice area in the second field, then click "Search."