Contacts

Consumer Fraud

Overview
Cases

Consumer fraud claims have become a staple of litigation brought by both government and private plaintiffs across industries and in venues across the country.  Such claims arise under substantive theories of fraud, negligent misrepresentation, violations of state consumer protection and unfair business practices acts, breach of contract, breach of warranty, product liability, violations of California’s Business and Professions Code Section 17200, and common law unjust enrichment. 

Eimer Stahl attorneys have been in the forefront on defending such claims on behalf of major corporate defendants in federal and state courts across the country – including many so-called plaintiff "magnet jurisdictions."  These consumer cases usually involve class action allegations or other "aggregate litigation" tactics, as well as claims for treble damages and attorneys' fees. Firm lawyers have represented clients in a wide variety of industries, including consumer electronics, medical devices, financial services, insurance, manufacturing, chemicals, petroleum products, and consumer products.

Representative cases include:

  • Representing an electronics company in a nationwide consumer class action arising out of the sale of refrigerators (Clark v. LG Electronics)
  • Representing an oil refiner in a multidistrict litigation brought by consumers of gasoline who alleged that they received less gasoline than they paid for during periods of "hot" weather (In re Motor Fuel Temperature Sales Practices Litigation)
  • Representing an insurer in "total payroll" consumer fraud class action involving workers' compensation insurance and achieving favorable settlement on behalf of client ("Total Payroll" Litigation)
  • Representing insurers in so-called "diminished value" automobile class litigation, involving allegations that insurers refused to pay policyholders for alleged "diminished value" of automobiles and succeeding on a motion to dismiss in one court ("Diminished Value" Litigation)
  • Lead defense counsel in nationwide false marketing, consumer fraud, nuisance and product liability class action involving industry-wide challenge to CCA pressure treated wood (Pressure-Treated Wood Litigation)
  • Representing a medical device manufacturer in consumer fraud class litigation challenging the marketing and sale of blood glucose meters (Miller v. Hypoguard, Circuit Court of Madison County, Illinois)

Other Complex Litigation Practice Areas

Representative cases include:

  • Representing an electronics company in a nationwide consumer class action arising out of the sale of refrigerators (Clark v. LG Electronics)
  • Representing an oil refiner in a multidistrict litigation brought by consumers of gasoline who alleged that they received less gasoline than they paid for during periods of "hot" weather (In re Motor Fuel Temperature Sales Practices Litigation)
  • Representing an insurer in "total payroll" consumer fraud class action involving workers' compensation insurance and achieving favorable settlement on behalf of client ("Total Payroll" Litigation)
  • Representing insurers in so-called "diminished value" automobile class litigation, involving allegations that insurers refused to pay policyholders for alleged "diminished value" of automobiles and succeeding on a motion to dismiss in one court ("Diminished Value" Litigation)
  • Lead defense counsel in nationwide false marketing, consumer fraud, nuisance and product liability class action involving industry-wide challenge to CCA pressure treated wood (Pressure-Treated Wood Litigation)
  • Representing a medical device manufacturer in consumer fraud class litigation challenging the marketing and sale of blood glucose meters (Miller v. Hypoguard, Circuit Court of Madison County, Illinois)
  • Representing an electronics company in a nationwide class action brought by purchasers of eight different models of smart phones (Leibler v. LG Electronics)
  • Representing a publication circulation auditing firm in class litigation challenging the marketing and sale of advertising space in major national publications (Bedford, Teletype, and Recognition Communications Litigations)
  • Representing an insurer in long term care insurance pricing class action litigation, including a successful motion to dismiss in one case and a successful motion for summary judgment in another (Long Term Care Rate Litigation)
  • Representing insurers in so-called "total loss" automobile insurance class actions, including obtaining dismissal of certain of the cases ("Total Loss" Litigation)