Court filing
Declaration of Andre M. Mura — Brooks v. Thomson Reuters Corporation (Dkt. 130.3)
No. 3:21-cv-01418-EMC · Doc. 130-3 · Docket on CourtListener
Full text
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 1 of 66
1 Eric H. Gibbs (SBN 178658) Geoffrey A. Graber (SBN 211547)
Andre M. Mura (SBN 298541) Karina G. Puttieva (SBN 317702)
2
Amy M. Zeman (SBN 273100) COHEN MILSTEIN SELLERS & TOLL
3 Mark H. Troutman (pro hac vice) PLLC
Ezekiel S. Wald (SBN 341490) 1100 New York Ave. NW, Fifth Floor
4 Washington, DC 20005
Hanne Jensen (SBN 336045)
5 GIBBS LAW GROUP LLP Telephone: (202) 408-4600
1111 Broadway, Suite 2100 Facsimile: (202) 408-4699
6 Oakland, CA 94607 ggraber@cohenmilstein.com
7 Telephone: (510) 350-9700 kputtieva@cohenmilstein.com
Facsimile: (510) 350-9701
8 ehg@classlawgroup.com
9 amm@classlawgroup.com
amz@classlawgroup.com
10 mht@classlawgroup.com
11 zsw@classlawgroup.com
hj@classlawgroup.com
12
13 Attorneys for Plaintiffs and the Proposed Class
14
15
UNITED STATES DISTRICT COURT FOR THE
16 NORTHERN DISTRICT OF CALIFORNIA
17 SAN FRANCISCO DIVISION
18 CAT BROOKS and RASHEED SHABAZZ, Case No. 3:21-cv-01418-EMC-KAW
individually and on behalf of all others
19
similarly situated, DECLARATION OF ANDRE M. MURA IN
20 SUPPORT OF PLAINTIFFS’ MOTION FOR
Plaintiffs, CLASS CERTIFICATION
21
v.
22 Date: April 20, 2023
THOMSON REUTERS CORPORATION, Time: 1:30 p.m.
23 Place: Courtroom 5, 17th Floor
24 Defendant. Judge: Hon. Edward M. Chen
25
26
27
28
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 2 of 66
1 I, Andre M. Mura, declare under penalty of perjury:
2 1. I am a member in good standing of the Bar of California and the bar of this
3 Court. I am a partner at Gibbs Law Group LLP in Oakland, California, and represent
4 Plaintiffs in this matter.
5 2. I submit this declaration in support of Plaintiffs Cat Brooks’ and Rasheed
6 Shabazz’s motion for class certification. I base this declaration on my personal knowledge
7 of the facts as well as my review of my firm’s case file and, if called upon to do so, could
8 and would testify competently to the facts contained in this declaration.
9 3. Gibbs Law Group is a national litigation firm dedicated to representing
10 plaintiffs in class, collective, and mass actions in state and federal courts, and in arbitration.
11 The firm serves clients in consumer protection, financial fraud, antitrust, whistleblower,
12 personal injury, and employment cases. Our attorneys regularly prosecute class actions like
13 this case and have successfully certified classes, developed damages methodologies, and
14 ultimately obtained relief for consumers. A copy of our firm’s resume is attached as
15 Attachment A.
16 4. My firm has experience in successfully prosecuting class actions involving
17 consumer privacy and California’s unfair competition law. The firm has represented
18 consumers in complex privacy cases, including in In re Anthem, Inc. Data Breach Privacy
19 Litigation No. 15-md-02617 (N.D. Cal.), In re Adobe Systems Inc. Privacy Litigation, No. 13-cv-
20 05226 (N.D. Cal.), In re Equifax, Inc. Customer Data Security Breach Litigation, No. 1:17-md-
21 2800 (N.D. Ga.), In re Vizio Consumer Privacy Litigation, No. 8:16-ml-02693 (C.D. Cal.), and In
22 re Lenovo Adware Litigation, No. 15-md-02624-RMW/HSG (N.D. Cal.).
23 5. Gibbs Law Group has been actively involved in prosecuting this litigation.
24 The firm has dedicated considerable time and resources to this case. Gibbs Law Group
25 attorneys have drafted pleadings, briefed and argued dispositive motions and discovery
26 motions, hired and worked with class certification experts, deposed Thomson Reuters’
27 employees and experts and defended Plaintiffs’ depositions, obtained and reviewed
28 thousands of documents, and prepared Plaintiffs’ motion for class certification.
1
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 3 of 66
1 6. The attorneys at Gibbs Law Group working on this case are committed to
2 prosecuting this litigation to its conclusion. I know of no conflicts that would impede our
3 ability to continue to vigorously prosecute this case.
4 7. The below chart lists a description of each attached exhibit.
5 Exhibit Number Bates Number
Ex. 1 Excerpted Deposition of Steven Fox
6
Ex. 2 CLEAR Overview Document I (TR-
7 BROOKS026283-TR-BROOKS026284)
Ex. 3 CLEAR Working With Law Enforcement
8
Document (TR-BROOKS023888)
9 Ex. 4 Report of Plaintiffs’ Expert Professor Joseph
Turow (“Turow Report”)
10
Ex. 5 Excerpted Deposition of Dori Buckethal
11 Ex. 6 Excerpted Deposition of Paul Godlewski
Ex. 7 Thomson Reuters’ Responses to Plaintiffs’ First
12
Set of Interrogatories
13 Ex. 8 CLEAR Subscriber List 2014 (TR-
BROOKS052568)
14
Ex. 9 CLEAR Subscriber List 2015-2022 (TR-
15 BROOKS426763)
Ex. 10 Thomson Reuters’ Privacy Statement (TR-
16
BROOKS000011-TR-BROOKS000028)
17 Ex. 11 Thomson Reuters’ Public Records Privacy
Statement (TR-BROOKS000056-TR-
18
BROOKS000059)
19 Ex. 12 Sample CLEAR Report (TR-BROOKS020865-
TR-BROOKS020890)
20
Ex. 13 Thomson Reuters’ Answers to Plaintiffs’ First
21 Set of Requests for Admission
Ex. 14 CLEAR for Federal Government Investigations
22
Webpage (TR-BROOKS000273-TR-
23 BROOKS000275)
Ex. 15 Email 08/23/21 (TR-BROOKS020567)
24
Ex. 16 CLEAR Training Quiz (TR-BROOKS101145-TR-
25 BROOKS101149)
Ex. 17 CLEAR Child Support Document (TR-
26
BROOKS013854)
27 Ex. 18 Thomson Reuters’ CLEAR Webpage (TR-
BROOKS000082-TR-BROOKS000086)
28
2
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 4 of 66
1 Exhibit Number Bates Number
Ex. 19 Email 01/22/21-01/25/21 (TR-BROOKS072634-
2
TR-BROOKS072636)
3 Ex. 20 Email 03/18/21-03/23/21 (TR-BROOKS020290-
TR-BROOKS020293)
4
Ex. 21 CLEAR RTIA Spreadsheet (TR-BROOKS332920)
5 Ex. 22 Thomson Reuters’ Second Supplemental
Response to Plaintiffs’ First Set of
6
Interrogatories
7 Ex. 23 August 2017 Public Records Powerpoint (TR-
BROOKS284900-TR-BROOKS284905)
8
Ex. 24 February 2021 Licensor Table (TR-
9 BROOKS422796)
Ex. 25 CLEAR Plans Table (TR-BROOKS060012-TR-
10
BROOKS060013)
11 Ex. 26 Search Spreadsheet (TR-BROOKS020178)
Ex. 27 CLEAR Brochure (TR-BROOKS060007-TR-
12
BROOKS060008)
13 Ex. 28 CLEAR Batch Brochure (TR-BROOKS225965)
Ex. 29 CLEAR Batch December 2021 Notes (TR-
14
BROOKS383370-TR-BROOKS383372)
15 Ex. 30 Email 11/06/20 (TR-BROOKS020176-TR-
BROOKS020177)
16
Ex. 31 “Jane” Powerpoint (TR-BROOKS316008-TR-
17 BROOKS316036)
Ex. 32 August 2015 Legal Powerpoint (TR-
18
BROOKS135830-TR-BROOKS135836)
19 Ex. 33 Email 06/15/16-07/05/16 (TR-BROOKS317004-
TR-BROOKS317006)
20
Ex. 34 July 2020 Public Records Powerpoint (TR-
21 BROOKS418771-TR-BROOKS418776)
Ex. 35 CLEAR Overview Document II (TR-
22
BROOKS028621-TR-BROOKS028622)
23 Ex. 36 CLEAR 2017 White Paper (TR-BROOKS024022-
TR-BROOKS024023)
24
Ex. 37 CLEAR Marketing Points (TR-BROOKS079617)
25 Ex. 38 Email 05/20/15-06/25/15 (TR-BROOKS040077-
TR-BROOKS040089)
26
Ex. 39 CLEAR Overview Document III (TR-
27 BROOKS138062-TR-BROOKS138064)
Ex. 40 Thomson Reuters ERD Patent
28
3
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 5 of 66
1 Exhibit Number Bates Number
Ex. 41 June 2021 Risk/Fraud Powerpoint (TR-
2
BROOKS280153-TR-BROOKS280161)
3 Ex. 42 February 2021 Risk/Fraud Powerpoint (TR-
BROOKS296841-TR-BROOKS296863)
4
Ex. 43 CLEAR Organization Flowchart (TR-
5 BROOKS020396)
Ex. 44 Email 06/13/18-06/14/18 (TR-BROOKS274854-
6
TR-BROOKS274861)
7 Ex. 45 Email 07/17/14-02/13/15 (TR-BROOKS408706-
TR-BROOKS408712)
8
Ex. 46 Public Records Compliance Chart (TR-
9 BROOKS013613-TR-BROOKS013615)
Ex. 47 Email 03/05/21-04/20/21 (TR-BROOKS297996-
10
TR-BROOKS298005)
11 Ex. 48 Email 01/28/21-01/29/21 (TR-BROOKS273025-
TR-BROOKS273031)
12
Ex. 49 Email 11/21/16-12/09/16 (TR-BROOKS044835-
13 TR-BROOKS044837)
Ex. 50 Email 12/09/20 (TR-BROOKS171366-TR-
14
BROOKS171367)
15 Ex. 51 Email 06/22/15-06/23/15 (TR-BROOKS018865-
TR-BROOKS018867)
16
Ex. 52 Email 07/10/15-10/26/15 (TR-BROOKS019226-
17 TR-BROOKS019228)
Ex. 53 Email 06/29/20-08/11/20 (TR-BROOKS418877-
18
TR-BROOKS418881)
19 Ex. 54 Email 04/06/18 (TR-BROOKS253461)
Ex. 55 Email 02/02/21-02/11/21 (TR-BROOKS175246-
20
TR-BROOKS175249)
21 Ex. 56 Email 11/19/21-11/22/21 (TR-BROOKS251168-
TR-BROOKS251170)
22
Ex. 57 Email 11/15/21 (TR-BROOKS189667)
23 Ex. 58 2017 Investigations Document (TR-
BROOKS062991-TR-BROOKS062998)
24
Ex. 59 Report of Plaintiffs’ Expert Financial Solutions
25 Group (“FSG Report”)
Ex. 60 Thomson Reuters’ First Supplemental Reponses
26
to Plaintiffs’ First Set of Interrogatories
27 Ex. 61 September 2020 Powerpoint (TR-
BROOKS123263-TR-BROOKS123277)
28
Ex. 62 Risk Inform Document (TR-BROOKS311495)
4
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 6 of 66
1 Exhibit Number Bates Number
Ex. 63 CLEAR Customer Support Webpage (TR-
2
BROOKS000242-TR-BROOKS000243)
3 Ex. 64 CLEAR Plans and Pricing Webpage (TR-
BROOKS000145-TR-BROOKS000148)
4
Ex. 65 Thomson Reuters’ Personal Information
5 Request Portal (TR-BROOKS000075-TR-
BROOKS000076)
6
Ex. 66 Thomson Reuters’ Suppression, Statement,
7 Correction Webpage (TR-BROOKS000892-TR-
BROOKS000893)
8
Ex. 67 Email 02/14/20-08/03/20 (TR-BROOKS027757-
9 TR-BROOKS027761)
Ex. 68 Declaration of Plaintiff Cat Brooks (“Brooks
10
Decl.”)
11 Ex. 69 Declaration of Plaintiff Rasheed Shabazz
(“Shabazz Decl.”)
12
Ex. 70 Personal Information Requests Spreadsheet (TR-
13 BROOKS017559)
Ex. 71 Coverage Table by State (TR-BROOKS332968)
14 Ex. 72 Coverage Table by County (TR-BROOKS332921-
15 TR-BROOKS332967)
Ex. 73 CLEAR Report - Cat Brooks (TR-
16 BROOKS005220-TR-BROOKS008254)
17 Ex. 74 CLEAR Report – Rasheed Shabazz (TR-
BROOKS008353-TR-BROOKS008718)
18
19 8. Attached as Exhibit 1 is a true and correct copy of portions of the deposition
20 of Thomson Reuters employee Steven Fox (“Fox Dep.”), which was conducted on May 16,
21 2022.
22 9. Attached as Exhibit 4 is a true and correct copy of the June 1, 2022, Report of
23 Plaintiffs’ expert Professor Joseph Turow (“Turow Report”).
24 10. Attached as Exhibit 5 is a true and correct copy of portions of the deposition
25 of Thomson Reuters employee Dorian Buckethal (“Buckethal Dep.”), which was conducted
26 on May 18, 2022.
27
28
5
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 7 of 66
1 11. Attached as Exhibit 6 is a true and correct copy of portions of the deposition
2 of Thomson Reuters employee Paul Godlewski (“Godlewski Dep.”), which was conducted
3 on May 6, 2022.
4 12. Attached as Exhibit 7 is a true and correct copy of Defendant Thomson
5 Reuters Corporation’s Responses and Objections to Plaintiffs’ First Set of Interrogatories to
6 Defendant, dated April 4, 2022.
7 13. Attached as Exhibit 13 is a true and correct copy of Defendant Thomson
8 Reuters Corporation’s Responses and Objections to Plaintiffs’ First Set of Requests for
9 Admission to Defendant, dated May 23, 2022.
10 14. Attached as Exhibit 22 is a true and correct copy of Defendant Thomson
11 Reuters Corporation’s Second Supplemental Answers and Objections to Plaintiffs’ First Set
12 of Interrogatories to Defendant, dated June 1, 2022.
13 15. Attached as Exhibit 40 is a true and correct copy of United States Patent
14 Application 12/341,913, Document ID US 2009/0198678 A1, dated August 6, 2009 (“ERD
15 Patent”), to which Thomson Reuters Global Resources holds the copyright, and which is
16 publicly available at https://ppubs.uspto.gov/pubwebapp/ through the patent public
17 search tool.
18 16. Attached as Exhibit 59 is a true and correct copy of the June 1, 2022, Report of
19 Plaintiffs’ expert Finance Scholars Group, Inc. (“FSG Report”).
20 17. Attached as Exhibit 60 is a true and correct copy of Defendant Thomson
21 Reuters Corporation’s First Supplemental Answers and Objections to Plaintiffs’ First Set of
22 Interrogatories to Defendant, dated May 24, 2022.
23 18. Attached as Exhibit 68 is a true and correct copy of the Declaration of Cat
24 Brooks, dated November 7, 2022 (“Brooks Decl.”).
25 19. Attached as Exhibit 69 is a true and correct copy of the Declaration of
26 Rasheed Shabazz, dated November 7, 2022 (“Shabazz Decl.”).
27
28
6
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 8 of 66
1 20. The below chart lists exhibit numbers and bates numbers of additional
2 exhibits. Each of the below documents is a true and correct copy of a document produced
3 in discovery bearing the bates number reflected in this chart.
4 Exhibit Number Bates Number
Ex. 2 TR-BROOKS026283-TR-BROOKS026284
5
Ex. 3 TR-BROOKS023888
6 Ex. 8 TR-BROOKS052568
Ex. 9 TR-BROOKS426763
7
Ex. 10 TR-BROOKS000011-TR-BROOKS000028
8 Ex. 11 TR-BROOKS000056-TR-BROOKS000059
9 Ex. 12 TR-BROOKS020865-TR-BROOKS020890
Ex. 14 TR-BROOKS000273-TR-BROOKS000275
10 Ex. 15 TR-BROOKS020567
11 Ex. 16 TR-BROOKS101145-TR-BROOKS101149
Ex. 17 TR-BROOKS013854
12 Ex. 18 TR-BROOKS000082-TR-BROOKS000086
13 Ex. 19 TR-BROOKS072634-TR-BROOKS072636
Ex. 20 TR-BROOKS020290-TR-BROOKS020293
14 Ex. 21 TR-BROOKS332920
15 Ex. 23 TR-BROOKS284900-TR-BROOKS284905
Ex. 24 TR-BROOKS422796
16 Ex. 25 TR-BROOKS060012-TR-BROOKS060013
17 Ex. 26 TR-BROOKS020178
Ex. 27 TR-BROOKS060007-TR-BROOKS060008
18 Ex. 28 TR-BROOKS225965
19 Ex. 29 TR-BROOKS383370-TR-BROOKS383372
Ex. 30 TR-BROOKS020176-TR-BROOKS020177
20
Ex. 31 TR-BROOKS316008-TR-BROOKS316036
21 Ex. 32 TR-BROOKS135830-TR-BROOKS135836
Ex. 33 TR-BROOKS317004-TR-BROOKS317006
22
Ex. 34 TR-BROOKS418771-TR-BROOKS418776
23 Ex. 35 TR-BROOKS028621-TR-BROOKS028622
Ex. 36 TR-BROOKS024022-TR-BROOKS024023
24
Ex. 37 TR-BROOKS079617
25 Ex. 38 TR-BROOKS040077-TR-BROOKS040089
Ex. 39 TR-BROOKS138062-TR-BROOKS138064
26
Ex. 41 TR-BROOKS280153-TR-BROOKS280161
27 Ex. 42 TR-BROOKS296841-TR-BROOKS296863
Ex. 43 TR-BROOKS020396
28
Ex. 44 TR-BROOKS274854-TR-BROOKS274861
7
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 9 of 66
1 Exhibit Number Bates Number
Ex. 45 TR-BROOKS408706-TR-BROOKS408712
2
Ex. 46 TR-BROOKS013613-TR-BROOKS013615
3 Ex. 47 TR-BROOKS297996-TR-BROOKS298005
Ex. 48 TR-BROOKS273025-TR-BROOKS273031
4
Ex. 49 TR-BROOKS044835-TR-BROOKS044837
5 Ex. 50 TR-BROOKS171366-TR-BROOKS171367
6 Ex. 51 TR-BROOKS018865-TR-BROOKS018867
Ex. 52 TR-BROOKS019226-TR-BROOKS019228
7 Ex. 53 TR-BROOKS418877-TR-BROOKS418881
8 Ex. 54 TR-BROOKS253461
Ex. 55 TR-BROOKS175246-TR-BROOKS175249
9 Ex. 56 TR-BROOKS251168-TR-BROOKS251170
10 Ex. 57 TR-BROOKS189667
Ex. 58 TR-BROOKS062991-TR-BROOKS062998
11 Ex. 61 TR-BROOKS123263-TR-BROOKS123277
12 Ex. 62 TR-BROOKS311495
Ex. 63 TR-BROOKS000242-TR-BROOKS000243
13 Ex. 64 TR-BROOKS000145-TR-BROOKS000148
14 Ex. 65 TR-BROOKS000075-TR-BROOKS000076
Ex. 66 TR-BROOKS000892-TR-BROOKS000893
15 Ex. 67 TR-BROOKS027757-TR-BROOKS027761
16 Ex. 70 TR-BROOKS017559
Ex. 71 TR-BROOKS332968
17 Ex. 72 TR-BROOKS332921-TR-BROOKS332967
18 Ex. 73 TR-BROOKS005220-TR-BROOKS008254
Ex. 74 TR-BROOKS008353-TR-BROOKS008718
19
20 21. Included as Exhibit 73 in the table above is a large (541MB) PDF file bates
21 stamped “TR-BROOKS005220” through “TR-BROOKS008254,” which contains the CLEAR
22 Report of Plaintiff Brooks. In order to attach the file as an exhibit, the PDF has been
23 compressed to meet the ECF size limitations of 50MB.
24 22. Included as Exhibit 74 in the table above is a large (72MB) PDF file bates
25 stamped “TR-BROOKS008353” through “TR-BROOKS008718,” which contains the CLEAR
26 Report of Plaintiff Shabazz. . In order to attach the file as an exhibit, the PDF has been
27 compressed to meet the ECF size limitations of 50MB.
28
8
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 10 of 66
1 23. Included as Exhibit 8 in the table above is a spreadsheet produced by
2 Defendant during discovery bates stamped “TR-BROOKS052568,” the spreadsheet contains
3 fifteen sheets. In order to attach the file as an exhibit, the spreadsheet has been saved as a
4 PDF file, with a slipsheet cover provided by Thomson Reuters indicating the bates number
5 and confidentiality designation, and a running footer indicating the sheet title in the
6 bottom right corner, the sheet pagination in the bottom left corner, and the confidentiality
7 designation made by Thomson Reuters in the center. In addition, the column width was
8 adjusted where needed to permit the excel sheet to fit within a PDF page.
9 24. Included as Exhibit 9 in the table above is a spreadsheet produced by
10 Defendant during discovery bates stamped “TR-BROOKS426763,” the spreadsheet contains
11 one sheet. In order to attach the file as an exhibit, the spreadsheet has been saved as a PDF
12 file, with a slipsheet cover provided by Thomson Reuters indicating the bates number and
13 confidentiality designation, and a running footer indicating the sheet title in the bottom
14 right corner, the sheet pagination in the bottom left corner, and the confidentiality
15 designation made by Thomson Reuters in the center. In addition, the column width was
16 adjusted where needed to permit the excel sheet to fit within a PDF page.
17 25. Included as Exhibit 21 in the table above is a spreadsheet produced by
18 Defendant during discovery bates stamped “TR-BROOKS332920,” the spreadsheet contains
19 two sheets. In order to attach the file as an exhibit, the spreadsheet has been saved as a PDF
20 file, with a slipsheet cover provided by Thomson Reuters indicating the bates number and
21 confidentiality designation, and a running footer indicating the sheet title in the bottom
22 right corner, the sheet pagination in the center, and a confidentiality designation made by
23 Thomson Reuters in the bottom left. In addition, the column width was adjusted where
24 needed to permit the excel sheet to fit within a PDF page.
25 26. Included as Exhibit 24 in the table above is a spreadsheet produced by
26 Defendant during discovery bates stamped “TR-BROOKS422796,” the spreadsheet contains
27 four sheets (one of which is blank). In order to attach the file as an exhibit, the spreadsheet
28 has been saved as a PDF file, with a slipsheet cover provided by Thomson Reuters
9
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 11 of 66
1 indicating the bates number and confidentiality designation, and a running header
2 indicating the sheet title in the top right corner, the sheet pagination in the top left corner,
3 and the confidentiality designation made by Thomson Reuters in the center. In addition,
4 the column width was adjusted where needed to permit the excel sheet to fit within a PDF
5 page.
6 27. Included as Exhibit 26 in the table above is a spreadsheet produced by
7 Defendant during discovery bates stamped “TR-BROOKS020178,” the spreadsheet contains
8 four sheets. In order to attach the file as an exhibit, the spreadsheet has been saved as a
9 PDF file, with a slipsheet cover provided by Thomson Reuters indicating the bates number
10 and confidentiality designation, and a running footer indicating the sheet title in the
11 bottom right corner, the sheet pagination in the bottom left corner, and the confidentiality
12 designation made by Thomson Reuters in the center. In addition, the column width was
13 adjusted where needed to permit the excel sheet to fit within a PDF page.
14 28. Included as Exhibit 70 in the table above is a spreadsheet produced by
15 Defendant during discovery bates stamped “TR-BROOKS017559,” the spreadsheet contains
16 two sheets. In order to attach the file as an exhibit, the spreadsheet has been saved as a PDF
17 file, with a slipsheet cover provided by Thomson Reuters indicating the bates number and
18 confidentiality designation, and a running footer indicating the sheet title in the bottom
19 right corner, the sheet pagination in the bottom left corner, and the confidentiality
20
21 //
22
23 //
24
25 //
26
27 //
28
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DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
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Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 12 of 66
1 designation made by Thomson Reuters in the center. In addition, the column width was
2 adjusted where needed to permit the excel sheet to fit within a PDF page.
3 I declare under penalty of perjury that the foregoing is true and correct. Executed on
4 November 9, 2022, in Oakland, California.
5 /s/ Andre M. Mura
Andre M. Mura
6
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8
9
10
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12
13
14
15
16
17
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DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ MOTION FOR
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ATTACHMENT A
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 14 of 66
ATTORNEYS
Firm Resume Partners
Eric Gibbs p. 3
Gibbs Law Group is a national litigation firm providing the highest caliber of David Berger p. 5
representation to plaintiffs in class and collective actions in state and federal Dylan Hughes p. 7
courts, and in arbitration matters worldwide. The firm serves clients in Amanda Karl p. 8
consumer protection, securities and financial fraud, antitrust, whistleblower, Linda Lam p. 10
Steve Lopez p. 11
personal injury, and employment cases.
Karen Barth Menzies p. 12
The firm regularly prosecutes multi-state class actions and has one of the best Geoffrey Munroe p. 14
track records in the country for successfully certifying classes, developing Andre Mura p. 15
practical damages methodologies, obtaining prompt relief for class members Rosemary Rivas p. 17
victimized by unlawful practices, and working cooperatively with other firms. Michael Schrag p. 19
Dave Stein p. 21
Our attorneys take pride in their ability to simplify complex issues; Steven Tindall p. 23
willingness to pursue narrow and innovative legal theories; ability to work Amy Zeman p. 25
cooperatively with other plaintiffs’ firms; and desire to outwork and outlast Of Counsel & Counsel
well-funded defense teams. Josh Bloomfield p. 27
Parker Hutchinson p. 28
In less than a decade since its 2014 founding, the firm has recovered over Shawn Judge p. 29
$2.5 billion for its clients. Our firm and attorneys are frequently recognized Micha Star Liberty p. 30
by the courts, our peers, and the legal media for the quality of their work: Rosanne Mah p. 31
George Sampson p. 32
• Top Plaintiff Lawyers in California, Daily Journal, 2021 (Andre Mura, Amy Mark Troutman p. 33
Zeman) Associates
• Top Women Lawyers in California, Daily Journal, 2021 (Amy Zeman) Brian Bailey p. 34
• Product Liability MVP, Law360, 2021 (Amy Zeman) Erin Barlow p. 35
• Lawyer of the Year- Mass Torts/ Class Action, Best Lawyers, 2022 (Eric Emily Beale p. 36
Aaron Blumenthal p. 37
Gibbs)
Kyla Gibboney p. 38
• Top Law Firm, California Litigation: Mainly Plaintiffs – Chambers USA, Julia Gonzalez p. 39
2022 Hanne Jensen p. 40
• Winning Litigators Finalist, National Law Journal, 2021 (Amy Zeman) Jeff Kosbie p. 41
• Class Action Practice Group of the Year, Law360, 2019 Ashleigh Musser p. 42
Zeke Wald p. 43
• Top Boutique Law Firms in California, Daily Journal, 2019 Tayler Walters p. 44
• Titans of the Plaintiffs Bar, Law360, 2019 (Eric Gibbs)
SIGNIFICANT
• Two 2019 California Lawyer Attorney of the Year (CLAY) Awards (Eric
RECOVERIES
Gibbs, Steven Tindall)
• Top Plaintiff Lawyers in California, Daily Journal, 2020, 2019, 2016 (Eric Privacy & Data Breach p. 45
Gibbs) Deceptive Marketing p. 46
• Cybersecurity and Privacy MVP, Law360, 2018 (Eric Gibbs) Defective Products p. 47
• Top Cybersecurity/ Privacy Attorneys Under 40, Law360 Rising Stars, 2017 Antitrust & Unfair p. 49
Business Practices
(Andre Mura)
Securities/Financial Fraud p. 52
• Top Class Action Attorneys Under 40, Law360 Rising Stars, 2017 (Dave Mass Tort p. 52
Stein) Sexual Assault Litigation p. 53
• AV-Preeminent, Martindale-Hubbell (Eric Gibbs) Government Reform p. 53
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 15 of 66
Diversity, Equity & Inclusiveness
Gibbs Law Group is committed to diversity, inclusion, and racial justice in everything we do. Our
commitment to equity and opportunity starts within our firm and extends to our community and to our
work. We seek to create a culture where our employees feel comfortable bringing their full selves to work,
and where we have the knowledge and skills necessary to effectively advocate for our diverse clients.
To support our goal of advancing equity both inside and outside out firm, we created an Equity, Diversity
and Inclusion Task Force comprised of partners, associates, and staff. The Task Force is working to
promote diversity among our employees, the clients we represent, and the causes we support. Some of the
Task Force’s work to date includes:
• Implementing modifications to the firm’s hiring practices to diversify our applicant pool and to
prioritize diversity in hiring and retention.
• Participated in the California State Bar’s annual summit on diversity and equity in the legal
profession.
• Outreach to diversity-focused law school organizations to expand awareness of complex litigation
opportunities and ensure a diverse pool of applicants.
• Identifying and supporting diversity-focused legal organizations and non-profits.
• Maximizing the firm’s capacity for social change in the community.
• Commitment to implementing annual anti-bias and microaggressions trainings.
Voting Rights Task Force
Gibbs Law Group is proud to have launched our Voting Rights Task Force, through which we have been
participating in efforts to protect and expand civic participation across the country. The Task Force seeks
to identify specific opportunities for both our attorneys and staff to promote voter engagement and
maximize voter participation. We implemented new programs to promote firmwide involvement in
protecting and expanding the right to vote, including:
• Making Election Day a firm holiday.
• Allowing support staff to bill a set number of hours per week to Voting Rights Task Force efforts,
including with nonprofit organizations.
• Encouraging attorney participation in voter protection volunteer opportunities during elections,
including staffing voter protection hotlines, poll watching, and helping triage issues that arise.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 16 of 66
Eric H. Gibbs | Partner
Eric Gibbs prosecutes antitrust, consumer protection, whistleblower, financial fraud and
mass tort matters. He has been appointed to leadership positions in dozens of contested,
high profile class actions and coordinated proceedings. Eric has recovered billions of dollars
for the clients and classes he represents and has negotiated groundbreaking settlements that
resulted in meaningful reforms to business practices and have favorably impacted plaintiffs’
legal rights.
Reputation and Recognition by the Courts
In over 20 years of practice, Eric has developed a distinguished reputation with his peers and
1111 Broadway, Suite 2100
the judiciary for his ability to work efficiently and cooperatively with co-counsel, and
Oakland, CA 94607 professionally with opposing counsel in class action litigation.
T 510.350.9700 “[Mr. Gibbs] efficiently managed the requests from well over 20 different law firms and
ehg@classlawgroup.com
effectively represented the interests of Non-Settling Plaintiffs throughout this litigation.”
Practice Emphasis - Hon. G. Wu, In re Hyundai & Kia Fuel Economy Litig. (C.D. Cal)
Antitrust & Unfair Competition
“The attorneys who handled the case were particularly skilled by virtue of their ability and
Banking and Financial Fraud
experience.”
Class Actions
Consumer Protection - Hon. D. Debevoise, In re: Mercedes-Benz Teleaid Contract Litig. (D. N.J.)
Mass Personal Injury “They are experienced and knowledgeable counsel and have significant breadth of
Whistleblower experience in terms of consumer class actions.”
Education - Hon. R. Sabraw, Mitchell v. Am. Fair Credit Assoc’n (Alameda Cty. Superior Ct.)
Seattle University School of
Law, J.D., 1995
“Representation was professional and competent; in the Court’s opinion, counsel obtained
an excellent result for the class.”
San Francisco State
University, B.A., 1991 - Hon. J. Fogel, Sugarman v. Ducati N. Am. (N.D. Cal)
Awards & Honors Achievements and Leadership
“Lawyer of the Year,” Best Eric has been recognized as a leading lawyer in class and mass actions. In 2019, Law360
Lawyers in America for Class
Actions/ Mass Tort Litigation
recognized Eric among its “Titans of the Plaintiffs Bar,” one of only 10 attorneys nationwide
(2022) to receive the prestigious award. He also received the 2019 California Lawyer Attorney of the
Nationwide Products Liability:
Year (CLAY) Award for his work in the Anthem Data Breach Litigation. Daily Journal named
Plaintiffs – Band 4, him to its coveted list of “Top Plaintiff Lawyers in California” for 2020, 2019 and
Chambers USA, 2022 2016. Law360 recognized Eric as a “2016 Consumer Protection MVP,” (the only plaintiff-
Titans of the Plaintiffs Bar, side lawyer in the country selected in that category) and as a “2018 Cybersecurity & Privacy
Law 360, 2019 MVP.” Consumer Attorneys of California selected Eric and co-counsel as finalists for
California Lawyer Attorney of Consumer Attorney of the Year for achieving a $100 million settlement in the Chase “Check
the Year Award, 2019 Loan” Litigation. His cases have been chronicled in major legal and news publications
Top Plaintiff Lawyers in including NBC News, CNN, the National Law Journal, The New York Times, Market Watch,
California for 2020, 2019, and Bloomberg News. Eric holds a variety of leadership positions in professional associations
2016, Daily Journal for consumer advocacy, and he frequently presents on developing trends in the law at
Lawdragon 500 Leading conferences throughout the country.
Plaintiff Consumer Lawyer,
2019-2022
Cybersecurity & Privacy
Litigation Highlights
MVP, Law 360, 2018 In re Anthem, Inc. Data Breach Privacy Litigation – Served as a court-appointed
Consumer Protection MVP, member of the Plaintiffs’ Steering Committee representing the interests of plaintiffs and
Law 360, 2016 putative class members following a massive data breach of approximately 80 million personal
AV Preeminent® Peer records. The lawsuit settled in August 2018 for $115 million, the largest data breach
Review Rated by Martindale-
Hubbell
settlement in history at the time.
Top 100 Super Lawyers in
Northern California
Page 3 of 53
Admissions
California
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 17 of 66
In re Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation – multidistrict
litigation that alleged Chase Bank wronged consumers by offering long-term fixed-rate loans,
only to later more-than-double the required loan payments. Eric led negotiations in the
case, which resulted in a $100 million settlement with Chase eight weeks prior to trial.
In re Adobe Systems Inc. Privacy Litigation – As court-appointed lead counsel, Eric and
his team reversed a long line of decisions adverse to consumers whose personal information
was stolen in data breaches. Judge Koh issued a 41 page decision in plaintiffs’ favor and Eric
negotiated a comprehensive reform of Adobe’s data security practices. The court’s landmark
decision on Article III standing in this case marked a sea change and has been cited
favorably in over twenty cases in the year since it was issued.
In re H yundai & Kia Fuel Econ. Litigation – As court-appointed liaison counsel, Eric
reconciled the plaintiffs’ interests and coordinated discovery and settlement negotiations. He
helped finalize a settlement with an estimated value of up to $210 million.
Skold v. Intel Corp. – After more than a decade of litigation, Eric as lead counsel achieved
a nationwide class action settlement on behalf of approximately 5 million consumers of Intel
Pentium 4 processors. The lawsuit changed Intel’s benchmarking practices and Intel agreed
to a cash settlement for the class, along with $4 million in charitable donations.
Parkinson v. H yundai Motor America – Eric served as class counsel in this lawsuit
alleging that the flywheel and clutch system in certain Hyundai vehicles was defective. After
achieving nationwide class certification, Hyundai agreed to a settlement that provided for 50-
100% reimbursements to class members for their repairs and full reimbursement for rental
vehicle expenses.
De La Cruz v. Masco Retail Cabinet Group – Eric served as lead attorney litigating
the collective claims of dozens of misclassified account representatives for overtime pay
under the Fair Labor Standards Act (FLSA). Successfully certified a class of current and
former Masco account representatives and personally arbitrated the case to judgment
obtaining full recovery for the class.
In re Providian Credit Card Cases – Eric played a prominent role in this nationwide
class action suit brought on behalf of Providian credit card holders alleging that
Providian engaged in unlawful and fraudulent business practices in connection with the
marketing and fee assessments for its credit cards. The Honorable Stuart Pollack
approved a $105 million settlement, plus injunctive relief—one of the largest class action
recoveries in the United States arising out of consumer credit card litigation.
Professional Affiliations
American Association for Justice
American Bar Foundation- Fellow
Consumer Attorneys of California
National Association of Consumer Advocates
Public Justice Foundation- Class Action Preservation Project Committee
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 18 of 66
David M. Berger | Partner
David Berger represents plaintiffs in class actions with a special emphasis on data breach,
privacy, and financial services litigation. He currently serves as court-appointed Class
Counsel in In re US Fertility LLC Data Security Litigation, and has represented data breach
victims in some of the largest and most influential privacy cases, including litigation against
Equifax, Anthem, Vizio, Adobe, Banner Health, and Excellus BlueCross BlueShield. David
has repeatedly obtained record-breaking settlements on behalf of his clients, including in the
Equifax and Anthem data breach cases, which set successive records for the largest data
breach settlement in history.
David is widely regarded as a leader in emerging litigation involving data breach and privacy,
1111 Broadway which is underscored by his broad technical expertise—from hacking techniques and
Suite 2100 cybersecurity controls to industry standard IT practices, information security frameworks,
Oakland, CA 94607 and auditing processes. He has deposed Chief Information Security Officers and
T 510.350.9700
dmb@classlawgroup.com
information security professionals at Fortune 500 corporations, worked with expert
witnesses on cutting-edge cybersecurity and damages theories, and supervised large-scale
Practice Emphasis
document review teams poring over millions of technical documents in a compressed
timeframe. In addition, David holds the Certified Information Privacy Technologist (CIPT)
Class Actions
certification through the International Association of Privacy Professionals, a program
Consumer Protection
primarily designed for career IT professionals; this allows him to communicate directly with
Privacy company witnesses, without the need for expert translation.
Education Outside of his litigation experience, David is an active member of the class action legal
community, frequently speaking at conferences on data breach cases and security issues and
Northwestern University other class action topics. David serves as the Chair of the American Association for Justice’s
School of Law, J.D., 2008
Consumer Privacy and Data Breach Litigation Group and is an active member of the Sedona
Conference’s Working Group on Data Security and Privacy Liability.
University of Wisconsin,
Madison, B.A., 1998
Prior to joining Gibbs Law Group, he served as a law clerk to the Honorable Laurel Beeler,
Northern District of California (2011-2014). Before law school, David worked as a magazine
Admissions
editor and television presenter in Taiwan and managed an outdoor center on an island off
California the West Coast of Scotland.
Litigation Highlights
In re Equifax, Inc. Customer Data Security Breach Litigation – Key member of
litigation team securing historic $1.5 billion class action settlement on behalf of 147 million
consumers whose social security numbers and other private data were exposed in a 2017
data breach, described by the court as “the largest and most comprehensive recovery in a
data breach case in U.S. history by several orders of magnitude." David played an integral
role in negotiating key business practice changes, including overhauling Equifax's handling
of consumers' personal information and data security and requiring that the company spend
at least $1 billion for data security and related technology over five years.
In re Anthem, Inc. Data Breach Privacy Litigation – Key member of the litigation team
representing interests of plaintiffs and putative class members following massive data breach
of approximately 80 million personal records, including names, dates of birth, Social Security
numbers, health care ID numbers, email and physical addresses, employment information,
and income data. The lawsuit settled in August 2018 for $115 million, the largest data
breach settlement in history.
Fero v. Excellus Health Plan Inc. – Key member of the litigation team representing the
interests of 7 million Excellus health plan subscribers and 3.5 million Lifetime subscribers
whose personal and medical information was compromised.
Page 5 of 53
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 19 of 66
In re Adobe Systems Inc. Privacy Litigation – Key member of the litigation team that
succeeded in reversing a long line of decisions adverse to consumers whose personal
information was stolen in data breaches. Judge Koh issued a 41-page decision in plaintiffs’
favor and the settlement resulted in a comprehensive reform of Adobe’s data security
practices. The court’s landmark decision on Article III standing marked a sea change and has
been cited favorably in over twenty cases in the year since it was issued.
Awards & Honors
Certified Information Privacy Technologist, International Association of Privacy
Professionals (IAPP)
Northern California Super Lawyers (2021-2022)
Rising Star, Northern California Super Lawyers (2016-2018)
Professional Affiliations
Chair, American Association for Justice- Consumer Privacy and Data Breach Litigation
Group
Consumer Attorneys of California
National Civil Justice Institute
Sedona Conference, Working Group on Data Security and Privacy Liability
Presentations and Publications
Presenter, “Communicating with the Class,” Class Action Mastery Forum, January 2019.
Presenter, “Hot Topics in Consumer Class Actions Against Insurers: Filed Rate Doctrine,
Standing, and Reverse Preemption of RICO Claims,” Sacramento California Insurance
Regulation and Litigation Seminar, Clyde & Co., March 2018.
Presenter, “Winning strategies in privacy and data security class actions: the plaintiffs'
perspective," Berkeley Center for Law & Technology, Berkeley Law School, January 2017.
Presenter, “Don’t be Spokeo’d: What You Need to Know in Litigating Data Breach Cases
(from breach to remedies),” ABA Business Law Section Annual Meeting, September 8, 2016.
Presenter, “Developments in ‘E-Commerce’ Class Actions and Privacy Law,” Perrin Class
Action Litigation Conference, May 16, 2016.
Presenter, “Data Breach Class Action Litigation,” Mass Torts Made Perfect Conference,
April 22, 2016.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 20 of 66
Dylan Hughes | Partner
Dylan Hughes concentrates his practice on investigating and prosecuting fraud matters on
behalf of whistleblowers, consumers and employees who have been harmed by corporate
misconduct. He coordinates initial case evaluations and analyses in a variety of practice areas
and has substantial experience in matters involving health care fraud, particularly in the
Medicare and pharmaceutical contexts. Dylan represents consumers in cases ranging from
false advertising to defective products, and employees in misclassification and wage and hour
cases under state and federal laws.
Mr. Hughes has extensive experience prosecuting complex personal injury cases. He helped
to obtain millions of dollars for women who suffered blood clots and other serious injuries
1111 Broadway after taking birth control pills. He has also represented clients injured by defective medical
Suite 2100 devices, including defibrillators, blood filters, as well as back pain implants. Mr. Hughes was
Oakland, CA 94607 part of the team that recently settled a case alleging medical malpractice for a spinal surgery
T 510.350.9700 that resulted in partial paralysis.
F 510.350.9701
dsh@classlawgroup.com
Mr. Hughes began his career as a law clerk for the Honorable Paul A. Mapes, Administrative
Practice Emphasis Law Judge of the Office of Administrative Law Judges, United States Department of Labor.
Class Actions He is a member of the American Bar Association, Consumer Attorneys of California,
Consumer Protection American Association for Justice Class Action Litigation Group and the Consumer Rights
Employment Law Section of the Barristers Club.
Whistleblower
Litigation Highlights
Education
University of California, Skold v. Intel Corp. – Key member of the legal team in this decade-long litigation that
Hastings College of Law, J.D., achieved a nationwide class action settlement on behalf of approximately 5 million
2000 consumers of Intel Pentium 4 processors. The lawsuit changed Intel’s benchmarking
University of California at
practices and Intel agreed to a cash settlement for the class, along with $4 million in
Berkeley, B.A., 1995 charitable donations.
Admissions In re Adobe Systems Inc. Privacy Litigation – Key member of the litigation team that
California succeeded in reversing a long line of decisions adverse to consumers whose personal
information was stolen in data breaches. Judge Koh issued a 41-page decision in plaintiffs’
favor and the settlement resulted in a comprehensive reform of Adobe’s data security
practices. The court’s landmark decision on Article III standing in this case marked a sea
change and has been cited favorably in over twenty cases in the year since it was issued.
Velasco v. Chrysler Group LLP (n/k/a FCA US LLC) – represented consumers who
alleged they were sold and leased vehicles with defective power control modules that caused
vehicle stalling. In addition to negotiating a recall of all 2012-13 Jeep Grand Cherokee and
Dodge Durango vehicles, the lawsuit also resulted in Chrysler reimbursing owners for all
repair and rental car expenses, and extending its warranty.
Parkinson v. H yundai Motor America – certified a nationwide class alleging Hyundai sold
vehicles with defective flywheel systems, resulting in a favorable settlement for the class.
Awards & Honors
Northern California Super Lawyer (2012-2022)
Professional Affiliations
Consumer Attorneys of California
American Association for Justice- Class Action Litigation Group
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 21 of 66
Amanda Karl | Partner
Amanda Karl represents consumers, employees and others who have been harmed by
corporations. She has prosecuted a wide range of complex cases, including product defect,
failure-to-warn, wage and hour, data breach, sexual assault, and securities cases, within a
variety of industries. In addition, Amanda is committed to fighting voter suppression—she
spearheads Gibbs Law Group’s Voting Rights Task Force.
Amanda is a 2014 graduate (Order of the Coif) of the University of California at Berkeley
School of Law, where she served as the Managing Editor of the California Law Review and
Director of the Workers’ Rights Disability Law Clinic. During law school, she worked as a
Clinical Law Student at the East Bay Community Law Center, assisting with litigation
targeting criminal record reporting violations, and as a law clerk at Equal Rights Advocates,
1111 Broadway working on women’s employment issues. Following graduation from law school, she served
Suite 2100 as a law clerk to the Honorable Richard A. Paez, United States Court of Appeals for the
Oakland, CA 94607 Ninth Circuit and to the Honorable Claudia Wilken, Northern District of California.
T 510.350.9243 Amanda received her undergraduate degree, magna cum laude, in Sociology and Human Rights
amk@classlawgroup.com from Columbia University in 2009.
Education
University of California at Outside of work, Amanda serves on the Board of Directors of the East Bay Community
Berkeley, J.D., Order of the Law Center, a legal nonprofit organization that is both the largest provider of free legal
Coif, 2014 services in the East Bay Area and Berkeley Law’s largest clinical offering. She also enjoys
reading, strength training, and exploring new places and foods with her husband and son.
Columbia University, B.A.,
magna cum laude, 2009
Admissions Litigation Highlights
California
H amilton v. American Income Life – Represented a class of insurance agents and trainees
in employment litigation alleging that they were misclassified as independent contractors, not
paid properly while training, and not reimbursed for expenses. The case culminated in a
$5.75 million settlement for class members.
A.B. v. Regents of the University of California – Represents former patients of ex-UCLA
OB-GYN Dr. James Heaps in a class action lawsuit alleging Title IX violations and sexual
harassment against both Heaps and UCLA. Amanda is a key member of the team that
achieved a $73 million dollar settlement, which will compensate over 5,500 women who
received treatment from Dr. Heaps. Amanda was involved in nearly all aspects of the
litigation, and, among other things, was the primary drafter of the final settlement approval
brief; final settlement approval was granted on July 12, 2021.
Pote v. H andy Technologies – In prosecuting a case for alleged Labor Code violations,
Amanda spearheaded briefing and argued before the California Court of Appeal that an
order denying a motion to compel arbitration should be affirmed. The court ruled
unanimously in Plaintiff’s favor, affirming the trial court’s ruling.
Reyes v. Chilton – Represents Latino voters and community organizations challenging
alleged discrimination and wrongful rejection of mail-in ballots in Washington's Benton,
Yakima and Chelan counties.
Deora v. NantH ealth – Represented a certified class of investors in litigation alleging
multiple violations of federal securities laws related to the healthcare technology company’s
initial public offering in 2016. Amanda was a member of the team that achieved a $16.5
million dollar settlement in favor of NantHealth investors.
Page 8 of 53
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 22 of 66
Awards & Honors
Rising Star, Northern California Super Lawyers, (2018-2022)
Professional Affiliations
East Bay Community Law Center, Board Member
American Association for Justice
Consumer Attorneys of California
Presentations and Articles
Presenter, “PAGA After the Viking River Decision,” Bridgeport Continuing Education, July
2022
Moderator, “Rapid Response: Recent SCOTUS Ruling—Viking River Cruises, Inc. v.
Moriana,” American Association for Justice, June 2022
Presenter, “Rule 12 and Related Motions,” Pincus Federal Boot Camp, May 2022
Presenter, “Looking Forward Post-COVID,” CAOC Sonoma Travel Seminar, March 2022
Author, “Work Unseen: Successfully Effectuating a Damages Class Settlement,” Daily
Journal, November 2021
Presenter, “Unpacking Public Interest Law,” People’s Parity Project, April 2021
Presenter, “Wage and Hour Litigation & Enforcement Webinar,” HB Litigation, February
2020
Author, “Epic Systems and the Erosion of Federal Class Actions,” Law260 Expert Analysis,
July 2018
Presenter, “From Clerkship to Career in Public Interest,” Berkeley Consumer Advocacy and
Protection Society, October 2017
Author, “California Omissions Claims: Safety Required?” Law360 Expert Analysis, February
2017
Page 9 of 53
Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 23 of 66
Linda Lam | Partner
Linda Lam focuses her practice on representing individuals who have been harmed by
corporate misconduct. She has prosecuted fraud, employment, breach of contract, breach of
fiduciary duty, and medical malpractice claims brought under federal and state laws.
Linda has been an advocate for borrowers who lost their homes to foreclosure during the
financial crisis, individuals who were fraudulently induced to purchase investment products,
as well as veterans who received negligent care at VA facilities. Linda’s dedication to her
clients has led her to being recognized as a “Rising Star” by the Northern California Super
Lawyers for the past three years.
1111 Broadway Linda graduated magna cum laude from the University of California, Hastings College of the
Suite 2100 Law in 2014. Before joining Gibbs Law Group, Linda was an associate attorney at a national
Oakland, CA 94607
employment law firm, where she represented employees and retirees in wage and hour and
T 510.350.9700
F 510.350.9701
employee benefits cases.
lpl@classlawgroup.com
Practice Emphasis
Litigation Highlights
Class Actions
Consumer Protection H ernandez v. Wells Fargo Bank, N.A. – represents a certified class of more than 1,200
home mortgage borrowers who lost their homes to foreclosure after Wells Fargo
Education
erroneously denied them trial mortgage modifications. The case settled in two phases for a
total of $40.3 million, resulting in significant compensation payments to each class member.
University of California,
Hastings College of Law, J.D., RCH FU, LLC v. Marriott Vacations Worldwide Corp . – represents plaintiffs alleging
magna cum laude, 2014 that Marriott Vacations Worldwide and other defendants breached various fiduciary duties
University of California Los
by engaging in acts that decimated the value of the plaintiffs’ property interests in the Ritz-
Angeles, B.A., 2011 Carlton Club located in Aspen, Colorado.
Admissions
Cooper v. United States of America – represented a veteran of the United States Army
who alleged that he received negligent medical care at a VA facility, resulting in a delayed
California
diagnosis of aggressive prostate cancer. The plaintiff alleged that by the time the cancer was
discovered and diagnosed, it had become incurable. Linda was part of the trial team that won
a $2.5 million judgment for the plaintiff.
Ulti-Mate Connectors, Inc. v. American General Life Insurance Agency – represented
plaintiffs who alleged that American General, among other defendants, fraudulently
organized, administered, and sold rights to participate in voluntary employee beneficiary
association plans that were not compliant with IRS regulations. The litigation resulted in a
favorable settlement for the plaintiffs.
Awards & Honors
Northern California Super Lawyers, Rising Star (2017-2022)
Professional Affiliations
American Association for Justice
Consumer Attorneys of California
Publications & Presentations
The Real ID Act: Proposed Amendments for Credibility Determinations, 11 Hastings
Race & Poverty L.J. 321, 2014.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 24 of 66
Steve Lopez | Partner
Steve Lopez represents consumers, employees and whistleblowers who have been harmed
by corporate misconduct. He has prosecuted a variety of consumer protection cases ranging
from false advertising to defective products, as well as complex employment cases involving
also involved in the investigation and development of new cases.
He serves on the Board of Directors of Consumer Attorneys of California and was selected
from a statewide pool of applicants for the 2015 Diversity Leadership Academy, a
prestigious training program aimed to educate the next generation of progressive leaders.
1111 Broadway Steve is a 2014 graduate of the University of California, Berkeley School of Law, where he
Suite 2100 was a Publishing Editor for the California Law Review and an Editor for the Berkeley
Oakland, CA 94607 Journal of Employment and Labor Law. He was also a member of the La Raza Law Students
T 510.350.9700
Association and the Legal Aid Society–Employment Law Center’s Berkeley Workers’ Rights
sal@classlawgroup.com
Clinic.
Practice Emphasis
Class Actions Prior to law school, Mr. Lopez performed research for a consulting firm dedicated to
Consumer Protection improving justice programs. He received his B.A. in economics and international relations
from the University of Virginia in 2008.
Education
University of California at
Berkeley (Berkeley Law), Litigation Highlights
J.D., 2014
Velasco v. Chrysler Group LLC (n/k/a FCA US LLC) – Member of the litigation team
University of Virginia, B.A., that represented consumers who alleged they were sold and leased vehicles with defective
2008 power control modules that caused vehicle stalling. The lawsuit resulted in a recall of all
2012-13 Jeep Grand Cherokee and Dodge Durango vehicles, as well as reimbursements for
Admissions
all repair and rental car expenses, and extended vehicle warranties.
California
In re H yundai Sonata Engine Litigation- Representing plaintiffs who allege that their
2011-2014 Hyundai Sonatas suffered premature and catastrophic engine failures due to
defective rotating assemblies. The Court granted preliminary approval to a comprehensive
settlement in June 2016.
Southern California Gas Leak Cases – Member of the litigation team representing
residents of communities in or near the Los Angeles suburbs of Porter Ranch who were
affected by the Aliso Canyon well rupture and ensuing gas leak, the largest methane leak in
U.S. history. The lawsuits seek relief for those who were displaced from their homes,
suffered illnesses and injuries, sustained property value losses, or lost business due to the
leak.
Smith v. Family Video Movie Club, Inc. – Member of the litigation team representing the
interests of hourly retail employees who alleged they were not properly compensated for all
wages and overtime earned. The Court recently certified a class.
Awards & Honors
Northern California Super Lawyers, Rising Star (2017 - 2022)
Professional Affiliations
American Association for Justice
Board of Directors, Consumer Attorneys of California
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 25 of 66
Karen Barth Menzies | Partner
Karen is a nationally recognized mass tort attorney with more than twenty years of
experience in federal and state litigation. Courts throughout the country have appointed
Karen to serve in leadership positions including Lead Counsel, Liaison Counsel and Plaintiff
Steering Committee in some of the largest pharmaceutical and device mass tort cases. Karen
currently serves in leadership positions in the Taxotere Litigation (federal court), Zoloft
Birth Defect Litigation (federal and California state courts), Transvaginal Mesh Litigation
(federal and California state courts), Fosamax Femur Fracture Litigation (California state
court), Lexapro/Celexa Birth Defect Litigation (Missouri state court).
Karen is particularly focused on women’s health issues and sexual abuse claims, including a
current Boy Scouts of America sexual abuse lawsuit investigation involving claims of abuse
kbm@classlawgroup.com by scoutmasters, troop leaders and other adults affiliated with the Boy Scouts of
Practice Emphasis
America. She also represents women suffering permanent baldness following breast cancer
Class Actions
chemotherapy treatments with Taxotere, and children who experienced severe side effects
after taking the widely prescribed medication Risperdal. Karen believes in advocating for the
Mass Personal Injury
victims who’ve been taken advantage of, and helping to ensure drug safety in the face of
profit-driven corporations that hide the risks of their products. She has testified twice before
Education FDA advisory boards as well as the California State Legislature on the safety concerns
University of California, Davis regarding the SSRI antidepressants and the manufacturers’ misconduct. She has also advised
King Hall School of Law, J.D.,
victim advocacy groups in their efforts to inform governmental agencies and legislative
1995
bodies of harms caused by corporations.
Colorado State University,
B.A., 1989 Karen frequently publishes and presents on issues involving drug safety, mass tort litigation,
FDA reform and federal preemption for both legal organizations (plaintiff and defense) and
Admissions medical groups.
California
Awards & Honors
AV Preeminent® Peer Review Rated by Martindale-Hubbell
Best Lawyers in America, Personal Injury Litigation (2013, 2018, 2021-2023)
Individual Recognition Chambers USA: Product Liability Plaintiffs (2020)
Southern California Super Lawyer (2004-2023)
Lawyer of the Year by Lawyer’s Weekly USA (2004)
California Lawyer of the Year by California Lawyer magazine (2005)
Consumer Attorney of the Year Finalist by CAOC (2006)
Professional Affiliations
American Association for Justice, Co-Chair, Taxotere Litigation Group
Consumer Attorneys of California
Consumer Attorneys of Los Angeles
American Bar Association (appointed member of the Plaintiffs’ Task Force)
Women En Mass
The Sedona Conference (WG1, Electronic Document Retention and Production)
The National Trial Lawyers
National Women Trial Lawyers Association
LA County Bar Association
Women Lawyers Association of Los Angeles
Public Justice
Select Publications & Presentations
Author, “Prepping for the Prescriber Deposition,” Trial Magazine, American Association for
Justice, January 2020.
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Presenter, “Deposing the Treating/ Prescribing Physician, Learned Intermediary, the One
Potentially Fatal Fact Witness,” American Association for Justice Convention: Discovery
and Litigation Strategies for Drug and Device Cases, February 2019.
Presenter, “A Funny Thing Did Happen on the Way to the Forum: Navigating the New
Landscape of Personal Jurisdiction Challenges,” ABA Section of Litigaiton 2019
Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint
CLE Seminar, March 2018.
Presenter, “Federal and State Court Coordination of Mass Tort Litigation: Navigating State
Court vs. Multidistrict Litigation, Mass Torts Made Perfect Conference, October 2018.
Presenter, “Taxotere Litigation: Federal MDL 2740, New Orleans and State Court
Jurisdictions, Mass Torts Made Perfect Conference, October 2018.
Presenter, “505(b)(2) Defendants – The Non-Generic Alternative; Social Media and Support
Groups; Settlement Committees,” AAJ Section on Torts, Environmental and Product
Liability (STEP): On the Cutting Edge of Torts Litigation, July 2018.
Presenter, “Location, Location, Location Part II: State Court Consolidations,” AAJ Mass
Torts Best Practices Seminar, July 2017.
Presenter, “Personal Jurisdiction in Mass Torts and Class Actions: Bristol-Myers Squibb Co.
v. Superior Court (Cal. 2016),” Mass Torts Judicial Forum with Judge Corodemus and
JAMS, April 2017.
Author, “Bringing the Remote Office Closer,” Trial Magazine, American Association for
Justice, March 2017.
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Geoffrey Munroe | Partner
Geoffrey Munroe represents plaintiffs in high-profile class action and mass tort cases in both
federal and state courts throughout the United States. He was selected as a Rising Star by
Northern California Super Lawyers (2010-2014), recognizing him as one of the best young
attorneys practicing in Northern California, and as a Northern California Super Lawyer every
year from 2015-2020. He is the co-author of "Consumer Class Actions in the Wake of Daugherty v.
American Honda Motor Company," CAOC's Forum Magazine, January/February 2009, and a
frequent contributor to the Class Action Litigation Group Newsletter of the American
Association for Justice.
Mr. Munroe is a 2003 graduate of the University of California at Berkeley School of Law
1111 Broadway (Berkeley Law), where he was the recipient of the American Jurisprudence Award in Torts,
Suite 2100 Business Law & Policy and Computer Law. He received his undergraduate degree in
Oakland, CA 94607 chemistry from the University of California at Berkeley in 2000. Mr. Munroe is a member of
T 510.350.9700
the Public Justice Class Action Preservation Project Committee, the Class Action Litigation
F 510.350.9701
Group of the American Association for Justice and the Consumer Attorneys of California.
gam@classlawgroup.com
He is a member of the California Bar and is admitted to practice before the United States
Practice Emphasis Court of Appeals for the Ninth Circuit, as well as the United States District Courts for the
Class Actions Northern, Central and Southern Districts of California.
Consumer Protection
Mass Personal Injury Litigation Highlights
Whistleblower
Skold v. Intel Corp. – Key member of the briefing team in this decade-long litigation that
achieved a nationwide class action settlement on behalf of approximately 5 million
Education consumers of Intel Pentium 4 processors. The lawsuit changed Intel’s benchmarking
University of California, practices and Intel agreed to a cash settlement for the class, along with $4 million in
Berkeley School of Law, J.D.,
charitable donations.
2003
In re Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation – Key member of
University of California at
the litigation team in this multidistrict case alleging that Chase Bank wronged consumers by
Berkeley, B.A., 2000
offering long-term fixed-rate loans, only to later more-than-double the required loan
Admissions payments. The litigation resulted in a $100 million settlement with Chase eight weeks prior
California to trial.
In re Mercedes-Benz Tele Aid Contract Litigation – Key member of the litigation team
in this multi-district litigation alleging that Mercedes-Benz failed to disclose to its customers
that the "Tele Aid" equipment installed in their vehicles would soon be obsolete and require
an expensive replacement to keep working. Resulted in a class settlement providing for cash
reimbursements of $650, or new vehicle credits for up to $1,300.
Parkinson v. H yundai Motor America – key member of the briefing team that achieved
certification of a nationwide class alleging Hyundai sold vehicles with defective flywheel
systems, before ultimately reaching a favorable settlement for the class.
Awards & Honors
Northern California Super Lawyers (2015-2022)
Northern California Super Lawyers, Rising Star (2010-2014)
Professional Affiliations
Consumer Attorneys of California
American Association for Justice- Class Action Litigation Group
Public Justice- Class Action Preservation Project
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 28 of 66
Andre M. Mura | Partner
Andre M. Mura represents plaintiffs in class actions and mass torts including in the areas of
consumer protection, privacy, and products liability. Before joining Gibbs Law Group,
Andre was senior litigation counsel at the Center for Constitutional Litigation PC, where he
represented plaintiffs in high-stakes appeals in state supreme courts and federal appellate
courts.
Andre was named among the Top Plaintiff Lawyers in California for 2021 by Daily Journal,
and he received a 2019 California Lawyer Attorney of the Year Award for his work in the
California Supreme Court in De La Torre v. CashCall. He is on the Board of the Civil Justice
Research Initiative of Berkeley Law, a Fellow of the American Bar Foundation, a member of
1111 Broadway the Lawyers Committee of the National Center for State Courts, a Trustee of the National
Suite 2100 Civil Justice Institute, past Chair of the American Association for Justice’s LGBT Caucus,
Oakland, CA 94607
past Trustee of the National College of Advocacy, and a member of Williams College’s
T 510.350.9700
F 510.350.9701
Latino/a and BiGLATA Alumni Network.
amm@classlawgroup.com
Practice Emphasis
Litigation Highlights
Class Actions In re: 3M Combat Arms Earplug Products Liability Litigation Andre was court-
Consumer Protection appointed to the plaintiffs’ law-and-briefing committee in this multi-district litigation on
Privacy behalf of military servicemembers and veterans who suffered injuries due to defective 3M
Mass Personal Injury
earplugs, which were standard-issue for U.S. military members for more than a decade.
Andre also served on several bellwether trial teams, securing multiple favorable jury verdicts.
Education In re: Taxotere (Docetaxel) Products Liability Litigation Andre was a member of the
The George Washington trial team in a two-week federal jury trial and is member of Plaintiffs’ Steering Committee
University Law School, J.D., and co-chair of Law and Briefing in this multi-district litigation on behalf of breast cancer
2004 survivors who suffered permanent hair loss after using the Taxotere chemotherapy drug. He
recently obtained a unanimous decision granting a bellwether plaintiff a new trial. See 26
Williams College, B.A., 2000
F.4th 256 (5th Cir. 2022)
Admissions In re: Vizio, Inc. Consumer Privacy Litigation Andre is co-lead counsel for the
California settlement class in this multi-district lawsuit alleging that Vizio collected and sold data about
District of Columbia consumers' television viewing habits and their digital identities to advertisers without
consumers' knowledge or consent. He negotiated a settlement providing for class-wide
injunctive relief transforming the company’s data collection practices, as well as a $17 million
fund to compensate consumers who were affected.
De La Torre v. CashCall Andre played a key role in briefing before the California
Supreme Court, resulting in a unanimous decision in the plaintiffs’ favor. The decision
changed decades-old assumptions that lenders in California had a virtual “safe harbor” from
unconscionability challenges to loan interest rate terms.
In re: Lenovo Adware Litigation Andre briefed and argued a motion to dismiss and
motion to certify a nationwide litigation class for monetary damages. The court approved a
$8.3 million class action settlement to resolve allegations that Lenovo preinstalled software
on laptops that caused performance, privacy and security issues for consumers.
Beaver et. al. v. Tarsadia H otels, Inc. Andre contributed to briefing before the Ninth
Circuit Court of Appeals resulting in a unanimous decision affirming the lower court’s ruling
that the UCL’s four-year statute of limitations (and its accrual rule) applied in claims alleging
violations of the Interstate Land Sales Full Disclosure Act (ILSA) even though ILSA has a
shorter statute of limitations.
Watts v. Lester E. Cox Medical Centers , 376 S.W.3d 633 (Mo. 2012) Andre successfully
argued that a state law limiting compensatory damages in medical malpractice cases violated
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 29 of 66
his client’s right to trial by jury. In ruling for Andre’s client, the Missouri high court agreed
to overturn a 20-year-old precedent.
U.S. Supreme Court Advocacy
Trump v. Mazars USA, LLP , 140 S. Ct. 2019 (2020) Andre represented a bipartisan group
of former members of the U.S. Senate and House of Representatives appearing as amici in
support of Congress’s broad investigatory power.
Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019) Before the U.S.
Supreme Court, in a case concerning the scope of federal immunity for brand-name drug
manufacturers, Andre represented medical doctors appearing as amici curiae. His amicus
brief was discussed at oral argument, with Supreme Court counsel for Albrecht telling the
Justices, “It’s a beautifully done amicus brief to explain what the scientists knew and when
they knew it….”
Mutual Pharmaceutical Co., Inc. v. Bartlett, 133 S. Ct. 2466 (2013) Andre was the lead
author of an amicus curiae brief for the American Association for Justice and Public Justice
in case examining whether federal drug safety law preempts state-law liability for defectively
designed generic drugs.
J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011) Andre was a lead author
of merits briefing addressing personal jurisdiction over a foreign manufacturer.
Awards & Honors
Top Plaintiff Lawyers in California, Daily Journal (2021)
California Lawyer Attorney of the Year (CLAY) Award, Daily Journal (2019)
Top Cybersecurity & Privacy Attorneys Under 40, Law360 Rising Stars (2017)
Northern California Super Lawyers (2019-2022); Rising Star (2016-2018)
Professional Affiliations
American Association for Justice- Class Action Litigation Group, Legal Affairs Group,
LGBT Caucus
American Bar Foundation, Fellow
Consumer Attorneys of California, Member
Civil Justice Research Initiative of Berkeley Law, Board Member
National Center for State Courts, Lawyers Committee
National Civil Justice Institute, Trustee
Select Publications & Presentations
Presenter, “Consumer Advocates Speak,” Practicing Law Institute, 24th Annual Consumer
Financial Services Institute.
Author, “Staying on Track After Bristol-Myers,” Trial Magazine, American Association for
Justice, April 2019.
Presenter, “Personal Jurisdiction, Choice of Law & Hyundai,” Class Action Mastery Forum,
January 2019.
Panelist, “State Court Protection of Individual Constitutional Rights,” Pound Civil Justice
Institute 2018 Forum for State Appellate Court Judges, July 2018.
Author, Buckman Stops Here! Limits on Preemption of State Tort Claims Involving Allegations of Fraud
on the PTO or the FDA, 41 Rutgers L.J. 309, 2010.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 30 of 66
Rosemary Rivas | Partner
Rosemary has dedicated her legal career to representing consumers in complex class action
litigation involving a wide variety of claims, from false advertising and defective products to
privacy violations. She is committed to obtaining justice for consumers and has recovered
billions of dollars for her clients and the classes they represent.
Rosemary serves in leadership positions in a number of large-scale complex class action
cases and multi-district litigation. In a highly competitive appointment process, the
Honorable Charles R. Breyer appointed Rosemary to the Plaintiffs’ Steering Committee in
the Volkswagen Clean Diesel Litigation, which resulted in a record-breaking settlement
totaling more than $14 billion. The Recorder, a San Francisco legal newspaper, named the
1111 Broadway lawyers selected by Judge Breyer as a class action “dream team.” For her work in the
Suite 2100 Volkswagen case, Rosemary received the 2018 California Lawyer Attorney of the Year
Oakland, CA 94607 (CLAY) Award, which is given to outstanding California lawyers “whose extraordinary work
T 510.350.9700 and cases had a major impact on the law.”
F 510.350.9701
rmr@classlawgroup.com
In 2022, Rosemary was appointed to serve as Plaintiffs’ Interim Co-Lead Counsel in the In
Practice Emphasis re: Gerber Heavy Metals Baby Food Litigation, which involves allegations that Gerber
Class Actions marketed and sold baby foods containing dangerous levels of heavy metals such as lead and
Consumer Protection inorganic arsenic. In his order appointing Rosemary as Interim Co-Lead Counsel, Judge
Michael S. Nachmanoff wrote that Rosemary has “significant experience and knowledge
Education
litigating class action cases involving food mislabeling consumer fraud.”
University of California,
Hastings College of Law, J.D.,
She has received numerous awards and honors for the quality of her legal work, including
2000 the Bay Area Legal Aid Guardian of Justice Award for her achievements in the law and her
role in helping direct cy pres (remaining settlement) funds to promote equal access to the legal
San Francisco State system. She was also recognized as a Northern California Super Lawyer and previously was
University, B.A., 1997 named a Rising Star by Super Lawyers Magazine.
Admissions
Rosemary is a fluent Spanish-speaker and previously served on the Board and as Diversity
California
Director of the Barristers Club of the San Francisco Bar Association. She frequently presents
at legal conferences on developments in consumer protection and class action litigation.
Litigation Highlights
Porsche Gasoline Litigation – As part of the Plaintiffs’ Steering Committee and as Class
Counsel, Rosemary represented consumers alleging that Porsche engaged in practices that
skewed emissions and fuel economy test results for certain Porsche vehicles. The Honorable
Charles R. Breyer recently granted preliminary approval of a proposed nationwide class
action settlement providing a non-reversionary common fund of $80 million.
Lash Boost Cases – As Class Counsel, Rosemary Rivas represented consumers who alleged
that Rodan + Fields failed to disclose material information relating to its Lash Boost
product, namely, the potential side effects and risks of adverse reactions presented by the
ingredient Isopropyl Cloprostenate. The Honorable Ethan Schulman recently granted
preliminary approval of a proposed nationwide class action settlement providing a non-
reversion common fund of $30 million in cash and $8 million in credits.
In re: Apple Inc. Device Performance Litigation – The Honorable Edward J. Davila
appointed Rosemary to the Plaintiffs’ Executive Committee in this nationwide class action
alleging that Apple intentionally slowed down consumers’ iPhones. The case settled for $310
million.
In re: H ill’s Pet Nutrition, Inc., Dog Food Products Liability Litigation –
Rosemary represented consumers alleging that Hill’s sold dog food with excessive Vitamin
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 31 of 66
D that was harmful to pets. Chief Judge Julie A. Robinson granted final approval of a
nationwide class action settlement providing for a common fund of $12.5 million.
Awards & Honors
California Lawyer Attorney of the Year (CLAY) Award (2018)
Northern California Super Lawyers (2019-2022)
Northern California Super Lawyers, Rising Star (2009-2011)
Guardian of Justice Award, Bay Area Legal Aid (2015)
Professional Affiliations
Consumer Attorneys of California
American Association for Justice- Class Action Litigation Group
Pound Civil Justice Institute- Fellow
Public Justice- Class Action Preservation Project
Publications and Presentations
Presenter, “Consumer Class Actions,” Western Alliance Bank Class Action Law Forum,
2021 and 2022.
Presenter, “Nationwide Settlement Classes: The Impact of the Hyundai/ Kia Litigation,”
National Consumer Law Center’s Consumer Rights Litigation Conference and Class Action
Symposium, 2018.
Presenter, “One Class or 50? Choice of Law Considerations as Potential Impediment to
Nationwide Class Action Settlements,” 5th Annual Western CLE Program on Class Actions
and Mass Torts, 2018.
Presenter, “The Right Approach to Effective Claims,” Beard Group- Class Action Money &
Ethics, 2018.
Presenter, “False Advertising Class Actions: A Practitioner’s Guide to Class Certification,
Damages and Trial,” The Bar Association of San Francisco, 2017.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 32 of 66
Michael Schrag | Partner
Michael Schrag has 25 years of experience representing individual and small business
plaintiffs in a broad range of complex class actions against large corporations in the banking,
credit card, telecommunications, and real estate sectors. He has recovered hundreds of
millions of dollars on behalf of his clients and his class action practice covers a broad range
of legal areas including, breach of contract, consumer protection, antitrust, and civil RICO
cases. Michael also represents individuals and large groups of plaintiffs in breach of
fiduciary duty product liability, personal injury and medical malpractice cases.
He currently serves as court-appointed Co-Lead class counsel in Hernandez v. Wells Fargo
Bank, representing a certified class of over one thousand borrowers who lost their homes
after Wells Fargo wrongfully denied them mortgage modifications. Michael, helped craft an
1111 Broadway
Suite 2100
innovative damages theory to help borrowers recover losses, and achieved a $40 million
Oakland, CA 94607 settlement, which was praised for bringing “significant” relief to the class. Michael was also
T 510.350.9700 appointed Co-Lead class counsel in a related case that settled for $12 million.
F 510.350.9701
mls@classlawgroup.com Michael is also on the Expert Committee and trial team in the In re: Disposable Contact Lens
Practice Emphasis
Antitrust Litigation, a nationwide class action lawsuit alleging that manufacturers and
distributors conspired to fix prices of contact lenses being sold to consumers. The court
Antitrust
certified a nationwide class, and plaintiffs have obtained partial settlements from three
Class Actions
defendants totaling $45 million. Michael was also appointed by a federal judge to serve on
Consumer Protection
the Plaintiffs’ Executive Committee in the In Re Cattle Antitrust Litigation and is prosecuting
Mass Personal Injury an antitrust class action against Jiffy Lube, which accuses the company of suppressing
Securities and Financial Fraud employees’ wages by prohibiting them from transferring from one Jiffy Lube franchise to
Whistleblower another. He is also representing victims of a real estate Ponzi scheme in Camenisch v. Umpqua
Bank, an action against a bank for allegedly aiding and abetting a fraudulent investment
Education scheme that caused California investors to lose hundreds of millions of dollars.
University of California,
Berkeley School of Law, J.D., A Bay Area native, Michael began his career prosecuting securities class actions and serving
1996 as a law clerk to the Honorable Judith N. Keep, U.S. District Judge, Southern District of
California. Before joining Gibbs Law Group, Michael was a partner and co-founder of
Columbia College at Columbia
Meade & Schrag, LLP, where he prosecuted class actions and also litigated personal injury,
University, B.A., 1989
medical malpractice, breach of contract, and business litigation matters.
Admissions
California Litigation Highlights
H ernandez v. Wells Fargo Bank, N.A. - Michael serves as court-appointed co-lead
Awards & Honors
counsel representing a certified class of more than 1,200 home mortgage borrowers who lost
Northern California Super their homes to foreclosure after Wells Fargo Bank erroneously denied their home loan
Lawyers, 2019-2020
modification requests. The case settled in two phases for a total of $40.3 million. Class
Best Lawyers in America, 2020- members have received significant compensation payments.
2023 Edition
Ryder v. Wells Fargo - Michael was appointed co-lead class counsel in a lawsuit related to
Hernandez on behalf of Wells Fargo borrowers who were erroneously denied trial
modifications but didn’t lose their homes. In August 2021, the Court granted preliminary
approval of a $12 million settlement and set the final approval hearing for January 2022.
In re: Wells Fargo Collateral Protection Insurance Litigation - Michael served on the
court-appointed, three-firm Plaintiffs’ Steering Committee in this multi-district litigation on
behalf of consumers who took out car loans from Wells Fargo and were charged for auto
insurance they did not need. The parties agreed to a settlement of $393.5 million for
affected consumers and the Court granted final approval in November 2019.
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In re: Disposable Contact Lens Antitrust Litigation-(MDL. No. 2626) Michael is
currently a member of the expert committee in this antitrust class action challenging the
minimum resale pricing policies of the dominant disposable contact lens manufacturers.
After a two-day hearing the Court certified the class and trial is set for later this year.
Beaver v. Tarsadia H otels- Michael served as co-lead counsel on behalf of consumers in
this unfair competition class action against real estate developers selling hotel-condominium
units. Lawsuit alleged that sellers concealed certain Congressionally-mandated protections in
the sales contracts, including a statutory rescission right. After six years of litigation
including a win in the Ninth Circuit that established favorable law for consumers, the lawsuit
settled for $51.15 million. In granting final approval, Judge Curiel concluded that the
settlement was "an excellent result,” and noted "Class Counsel overcame several hurdles that
reflect their skill and experience." Beaver v. Tarsadia Hotels, 816 F. 3d1170 (9th Cir. 2016)
In re Currency Conversion Fee Antitrust Litigation (MDL No. 1409)– This action
alleged that Visa, MasterCard and their then member banks, including Bank of America and
Chase, fixed the price of foreign currency conversion fees on international credit and debit
card transactions. Michael was part of the team that prevailed at trial in a related state court
action, and then obtained a $336 million global settlement for the class in this multidistrict
antitrust litigation against the country’s largest credit card issuers and networks.
Asokan et. al. v. American General Ins. Co.- Member of the trial team in this insurance
and investment fraud case against American General Insurance Co, an AIG subsidiary.
Michael and his team represented six plaintiffs who were marketed an investment involving a
specialized whole life policy that would supposedly provide tax benefits. American General
knew but concealed from plaintiffs that the plans no longer complied with the law. Plaintiffs
suffered losses as a result of this fraud by concealment. Among other tasks, Michael had
primary responsibility for working with plaintiffs’ damages expert and conducted the direct
and re-direct examination of this expert at trial. The case settled for a confidential sum 8
days into the jury trial.
Smith et. al. v. American General Ins. Co. - Michael was a key member of the litigation
team that represented nine high net worth plaintiffs in this RICO action alleging that
American General and the other members of the enterprise falsely marketed and sold our
clients a whole life policy that would supposedly provide a multitude of tax benefits, but
concealed the fact that the IRS had changed its regulations, rendering these plans no longer
compliant with the law. Among other tasks, Michael had primary responsibility for working
with plaintiffs’ damages expert and deposing the defendants’ damages expert. The case
settled for a confidential sum.
Ammari v. Pacific Bell Directory – Represented consumers who overpaid an AT&T
subsidiary for advertising in Yellow Pages directories. Plaintiffs prevailed at trial and on two
appeals to obtain a $27 million judgment for class members, a result the National Law
Journal deemed as one of the top 100 verdicts in 2009.
In Re Sulzer H ip Prosthesis and Knee Prosthesis Liability Litigation – recovered over
$10 million on behalf of his clients in this multidistrict litigation that awarded a total of $1
billion to patients who received defective hip implants.
Awards & Honors
Best Lawyers in America, 2020-2021 Edition
Northern California Super Lawyers, 2019-2022
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 34 of 66
Dave Stein | Partner
Dave Stein represents clients in federal and state cases nationwide, ranging from securities
and financial fraud class actions, to product liability, privacy, and data breach suits. Courts
have appointed Dave as lead counsel in a number of these cases and he has been praised by
Law360 as a tenacious litigator with a “reputation as one of the best consumer advocates
around.”
The Daily Journal recognized Dave as one of the Top 40 attorneys in the state of California
under the age of 40, and he was also honored in Law360’s nationwide list of “Top Class
Action Attorneys Under 40.” For the last seven years, he has been rated by his colleagues as
a Northern California Super Lawyers Rising Star.
1111 Broadway Dave is frequently called upon to discuss emerging issues in complex litigation. He currently
Suite 2100 serves on Law360’s Product Liability Editorial Advisory Board, advising on emerging trends
Oakland, CA 94607
impacting product liability cases.
T 510.350.9700
F 510.350.9701 Before entering private practice, Dave served as judicial law clerk to U.S. District Court
ds@classlawgroup.com
Judge Keith Starrett and U.S. Magistrate Judge Karen L. Hayes.
Practice Emphasis
Class Actions Reputation and Recognition by the Courts
Consumer Protection Dave has built a reputation for the quality of his representation and tenacious advocacy on
Financial Fraud behalf of the clients and classes he represents:
Securities Litigation
“[T]his is an extraordinarily complex case and an extraordinarily creative solution… I
[want to] thank you and compliment you gentlemen. It's been a real pleasure to work
Education with you.” - Hon. D. Carter, Glenn v. Hyundai Motor America (C.D. Cal.)
Emory University School of
Law, J.D., 2007 “You made it very easy to deal with this case and clearly your years of expertise have
carried the day here. Nice work. Thank you.” -Hon. M. Watson, In re Am. Honda Motor CR-
University of California at V Vibration Litig. (S.D. Ohio)
Santa Barbara, B.A., 2003
“Exceedingly well argued on both sides. …. Sometimes people really know their stuff on
Admissions
both sides which is what happened today so thank you.” -Hon. J. Tigar, In re General Motors
California
CP4 Fuel Pump Litig. (N.D. Cal.)
Litigation Highlights
In re: Peregrine PFG Best Customer Accounts Litigation - Represented investors in a
lawsuit against U.S. Bank and JPMorgan Chase arising from the collapse of Peregrine
Financial Group, Inc. The former Peregrine customers were seeking to recover the millions
of dollars that was stolen from them out of segregated funds accounts. Plaintiffs’ efforts led
to settlements with JPMorgan Chase and U.S. Bank worth over $75 million.
Deora v. NantH ealth –Lead Counsel for certified classes of investors in litigation alleging
violations of federal securities laws related to the healthcare technology company’s initial
public offering in 2016. In September 2020, the Court granted final approval to a $16.5
million class action settlement.
LLE One v. Facebook – Represented small businesses who alleged that Facebook
overstated, for over a year, how long users were watching video ads on Facebook’s platform.
After years of litigation, the federal court approved a $40 million settlement for the class.
Paeste v. Government of Guam – Secured a judgment against the Government of Guam
and several of its highest-ranking officials in a suit involving the government’s unlawful
administration of income tax refunds. Mr. Stein defended the judgment in an oral argument
before the U.S. Court of Appeals for the Ninth Circuit, leading to a complete victory for the
taxpayers in the published decision, Paeste v. Government of Guam, 798 F.3d 1228 (9th Cir.
2015)
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 35 of 66
Edwards v. Ford Motor Co. – In a class action alleging that Ford sold vehicles despite a
known safety defect, Mr. Stein twice argued plaintiff’s position before the U.S. Court of
Appeals for the Ninth Circuit. In the first appeal, Mr. Stein succeeded in obtaining a reversal
of the trial court’s denial of class certification. In the second, plaintiff again prevailed, with
the Ninth Circuit affirming the conclusion that the lawsuit had driven Ford to offer free
repairs, reimbursements, and extended warranties to the class.
In re: H yundai Sonata Engine Litigation – Mr. Stein served as court-appointed co-lead
counsel in this nationwide suit involving engine seizures at high speeds. The litigation led to
a settlement that included nationwide vehicle recalls, extended warranties, and payments that
averaged over three thousand dollars per class member.
Browne v. American H onda Motor Co., Inc. – Represented consumers who alleged that
750,000 Honda Accord and Acura TSX vehicles were sold with brake pads that wore out
prematurely. A settlement ensued worth approximately $25 million, with hundreds of
thousands of class members electing to participate.
Awards & Honors
“2017 Top 40 Under 40,” Daily Journal
Top Class Action Attorneys Under 40, Law360 Rising Stars (2017)
Northern California Super Lawyers Rising Star (2013-2021)
Professional Affiliations
American Association for Justice
Consumer Attorneys of California
Federal Bar Association
Public Justice Foundation
Publications & Presentations
Moderator, “A View from the Bench II: Judicial Insights on Managing Complex Litigation
and the Pandemic’s Lasting Impact,” ABA Tort Trial & Insurance Practice Section, 2022 Motor
Vehicle Product Liability Litigation Conference, April 2022.
Presenter, “Class Damages,” AAJ Class Action Litigation Group, June 2020.
Co-Author, “Recent Decision Highlights the Importance of Early Discovery in Arbitration,”
Daily Journal, May 2019.
Presenter, “Article III Standing in Data Breach Litigation,” AAJ Class Action Seminar,
December 2018.
Presenter, “Determining Damages in Class Actions,” Class Action Mastery Conference, HB
Litigation, May 2018.
Presenter, "Mass Torts and Class Actions: The Latest and Greatest, Update on Class Action
Standing" 56th Annual Consumer Attorneys of California Convention, November 2017.
Author, Third Circuit Crystallizes Post-Spokeo Standard, Impact Fund Practitioner Blog, July
2017.
Presenter, “Class Certification,” “Class Remedies,” HB Litigation Conferences, Mass Tort Med
School + Class Actions, March 2017.
Co-Author, “Beware Intended Consequences of Class Action Reform, Too,” Law360
Expert Analysis, March 14, 2017.
Author, Wrong Problem, Wrong Solution: How Congress Failed the American Consumer, 23 Emory
Bankr. Dev. J. 619 (2007).
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Steven Tindall | Partner
Steven Tindall represents employees seeking fair pay and just treatment in individual and
class action lawsuits against employers. His cases involve allegations of misclassification,
sexual harassment, discrimination, wrongful termination, retaliation, WARN Act, and
ERISA violations. He has more than 20 years of experience representing employees in a
variety of industries, including tech, gig economy, financial services, construction,
transportation, and private education. Steven also represents consumers in individual and
mass tort personal injury lawsuits and class action litigation. In 2019, he won a California
Lawyer Attorney of the Year Award, which honors outstanding California lawyers “whose
extraordinary work and cases had a major impact on the law.”
1111 Broadway
Suite 2100 Steven clerked for Hon. Judith N. Keep of the United States District Court for the Southern
Oakland, CA 94607 District of California and for Hon. Claudia Wilken of the U.S. District Court for the
T 510.350.9700 Northern District of California. Prior to joining Gibbs Law Group, he was a partner at
F 510.350.9701 Rukin Hyland Doria & Tindall, and at Lieff Cabraser Heimann & Bernstein. At Rukin
smt@classlawgroup.com Hyland and Lieff Cabraser, he focused on plaintiffs’ class action litigation in the fields of
wage and hour law, antitrust, and consumer protection. Steven also litigated a number of
Practice Emphasis mass tort personal injury and toxic tort cases.
Class Actions
Employment Litigation He received his B.A. degree in English Literature from Yale University, graduating summa
cum laude, Phi Beta Kappa, and with distinction in his major. He earned his J.D. degree from
Education the University of California at Berkeley School of Law in 1996. While at Berkeley Law,
University of California, Steven co-directed the East Bay Workers’ Rights Clinic.
Berkeley School of Law, J.D.,
magna cum laude, 1996. Litigation Highlights
Yale University, B.A., summa Breach of Contract – As co-lead counsel, Steven helped recover over $29 million on behalf
cum laude, Phi Beta Kappa. of hundreds of employees in a class action lawsuit involving breach of contract claims
Admissions
against a global consulting company.
California Retirement Benefits – Represented retirees whose retirement benefits were slashed after a
corporate spinoff. The litigation resulted in a $9 million recovery paid out to class members.
Gig Economy – Represents thousands of individual clients in multiple gig economy cases
alleging that they were misclassified as independent contractors and should be entitled to
minimum wage, overtime pay, and expense reimbursement under California and other state
labor laws.
Consumer Loans – Represents over 100,000 borrowers in a certified class action lawsuit
against online lender, CashCall, alleging that they preyed on low-income borrowers through
high interest rate loans. Steven was a key member of the litigation team that achieved a
unanimous ruling from the CA Supreme Court regarding unconscionability of contracts.
Awards & Honors
California Lawyer Attorney of the Year (CLAY) Award (2019)
Northern California Super Lawyers (2009-2022)
Publications & Presentations
Co-Author, “DoorDash: Quick Food, Slow Justice,” Daily Journal, March 24, 2020.
Presenter, “Damages & Penalties in Exemption and Misclassification Cases,” Bridgeport
Independent Contractor, Joint Employment Misclassification Litigation Conference, July 26,
2019.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 37 of 66
Contributor, “Can Interest Rates be Unconscionable?” Daily Journal Appellate Report
Podcast, July 6, 2018.
Co-Author, “Epic Systems and the Erosion of Federal Class Actions,” Law360 Expert
Analysis, July 5, 2018.
Co-Author, “Senate Should Reject Choice Act and Its Payday Free Pass,” Law360 Expert
Analysis, July 12, 2017.
Presenter, “Understanding and Litigating PAGA Claims,” Bridgeport Continuing Legal
Education, March 3, 2017.
Contributing Author, California Class Actions Practice and Procedure, Matthew Bender &
Co., Inc., 2006
Author, Do as She Does, Not as She Says: The Shortcomings of Justice O’Connor’s Direct Evidence
Requirement in Price Waterhouse v. Hopkins, Berkeley Journal of Employment and Labor Law,
17, No. 2, 1996
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 38 of 66
Amy Zeman | Partner
Amy has built a reputation in the plaintiffs’ bar for delivering results and justice to
consumers and sexual assault survivors in class action and mass tort litigation. She secured a
$73 million settlement in 2021 from UCLA on behalf of sexual assault survivors who
brought claims against gynecologist Dr. James Heaps and achieved an historic $14.975
million dollar jury verdict as co-lead trial counsel on behalf of Pacific Fertility Center patients
whose genetic material was destroyed in a catastrophic cryo-preservation tank failure. Media
throughout the country have hailed the verdict as groundbreaking, and the Washington Post
noted it as “a historic verdict that could have far-reaching consequences for the loosely
regulated U.S. fertility industry.”
1111 Broadway The Daily Journal recognized Amy among the Top Women Lawyers in California for 2021
Suite 2100 and the Top Plaintiff Lawyers in California for 2021, and Northern California Super Lawyers
Oakland, CA 94607 named her a 2021 Super Lawyer. Law360 honored Amy as an MVP in Product Liability for
T 510.350.9700
2021, and the National Law Journal named her a 2021 Winning Litigators finalist. In 2020,
F 510.350.9701
amz@classlawgroup.com Amy was elected co-chair of the American Association for Justice’s Class Action Litigation
Group.
Practice Emphasis
Class Actions Amy currently represents clients in a variety of mass injury matters, including additional
Consumer Protection families in the Pacific Fertility Center matter, individuals harmed by the chemotherapy drug
Mass Personal Injury
Taxotere (docetaxel), and individuals affected by the Porter Ranch/Aliso Canyon gas leak.
She serves in a court-appointed leadership role in a mass action coordinating claims on
Whistleblower/ Qui Tam
behalf of 18,000 boys who suffered irreversible male breast growth after being prescribed
the antipsychotic medication Risperdal. Amy has previously represented clients injured by
Education transvaginal mesh, the birth control medications Yaz and Yasmin, and the diabetes drug
University of California, Actos.
Hastings College of Law,
J.D., magna cum laude,
2010.
Prior to attending law school, Amy pursued a career in the financial sector, acting as the
Accounting and Compliance Manager for the Marin County Federal Credit Union for almost
University of Missouri, B.A., seven years. Amy was a spring 2010 extern for the Honorable Marilyn Hall Patel of the
summa cum laude, 1998. United States District Court, Northern District of California.
Admissions
California
Florida
Litigation Highlights
Mass Tort Litigation
Pacific Fertility Center Litigation – Amy served as co-lead trial counsel in a three-week
trial on behalf of several patients who tragically lost eggs and embryos in a catastrophic cryo-
preservation tank failure at San Francisco’s Pacific Fertility Center in 2018. The jury found
the cryogenic tank manufacturer, Chart Inc., liable on all claims, and awarded $14.975
million in aggregate damages to the five plaintiffs. Amy leads the Gibbs Law Group team,
which first filed the lawsuit in March 2018 with co-counsel, and represents dozens of PFC
patients whose frozen eggs and embryos were harmed or destroyed as a result of the tank
failure. This was the first trial in the consolidated litigation, and five additional trials against
Chart are scheduled for 2022 and 2023.
In re Risperdal and Invega Product Liability Cases – appointed by a California judge to
serve as liaison counsel, responsible for coordinating and overseeing the lawsuits filed on
behalf of thousands of male children who took the popular antipsychotic drug Risperdal and
suffered irreversible gynecomastia, or male breast growth.
Taxotere (Docetaxel) Products Liability Litigation – selected to serve on the discovery
committee in this multi-district litigation on behalf of breast cancer survivors who suffered
permanent, disfiguring hair loss after using the Taxotere chemotherapy drug.
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Yaz & Yasmin Birth Control Litigation – represented women throughout the country
who suffered serious side effects after taking Yaz, Yasmin and Ocella birth control. The
federal litigation resulted in settlements worth approximately $1.6 billion.
Defective Product and Consumer Protection Litigation
Sanborn, et al. v. Nissan North America, Inc . – appointed as class counsel with Eric
Gibbs and others. Obtained a settlement 11 days before trial was set to begin on claims that
the dashboards in certain Nissan vehicles were melting into a shiny, sticky surface that
produced a dangerous glare. The settlement allowed class members to obtain a $1500-$2000
dashboard replacement for just $250, or equivalent reimbursement for prior replacements.
Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation – key member of the
litigation team in this multidistrict case alleging that Chase Bank wronged consumers by
offering long-term fixed-rate loans, only to later more-than-double the required loan
payments. The litigation resulted in a $100 million settlement eight weeks prior to trial.
Sugarman v. Ducati North America, Inc. , - represented Ducati motorcycle owners whose
fuel tanks on their motorcycles degraded and deformed due to incompatibility with the
motorcycles’ fuel. In January 2012, the Court approved a settlement that provided an
extended warranty and repairs, writing, “The Court recognizes that class counsel assumed
substantial risks and burdens in this litigation. Representation was professional and
competent; in the Court’s opinion, counsel obtained an excellent result for the class.”
Awards & Honors
Winning Litigators Finalist, National Law Journal (2021)
Product Liability MVP, Law360 (2021)
Top Plaintiff Lawyers in California, Daily Journal (2021)
Top Women Lawyers in California, Daily Journal (2021)
Northern California Super Lawyer (2021-2022); Rising Star (2013-2020)
Professional Affiliations
American Association for Justice - Co-Vice Chair of the Class Action Litigation Group; Past
Co-Chair of the Qui Tam Litigation Group; Member of the Women Trial Lawyers Caucus
Consumer Attorneys of California
Publications & Presentations
Co-author, “Tips on Client Contact and Case Management in Mass Torts Part I: Client
Intake and Gathering Relevant Information,” American Association for Justice, Women
Trial Lawyers Caucus Connections Count Newsletter, 2013.
Co-author, “Tips on Client Contact and Case Management in Mass Torts Part II: Organizing
and Working with Client Information,” American Association for Justice, Women Trial
Lawyers Caucus Connections Count Newsletter, 2013.
Presenter, “Fees in Class Action Cases,” and “Qui Tam Case Strategies,” Mass Tort Med
School and Class Action Conference, March 2017.
Presenter, “Claims-processing in Large and Mass-Tort MDLs,” Emerging Issues in Mass-
Tort MDLs Conference, Duke University, October 2016.
Presenter, “Best Practices in Law Firm Management,” American Association for Justice 2016
Winter Convention, Women’s Trial Lawyers Caucus Leadership Summit, February 2016.
Presenter, “Lumber Liquidators Litigation,” American Association for Justice 2015 Annual
Convention, July 2015.
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Josh Bloomfield | Counsel
Josh Bloomfield represents plaintiffs in class and other complex litigation, with particular
experience in antitrust, consumer protection and data breach matters. He is a member of the
California Bar and is admitted to practice before the United States District Courts for the
Northern, Central and Southern Districts of California.
At Gibbs Law Group, Josh has been an advocate for borrowers who lost their homes to
foreclosure during the financial crisis, individuals harmed by corporate misconduct related to
the COVID-19 pandemic, and consumers and employees who have suffered the
consequences of antitrust conspiracies.
1111 Broadway During more than 20 years of practice, Josh has represented clients in a variety of civil,
Suite 2100 criminal and administrative matters - from a distinguished professor of aeronautics and
Oakland, CA 94607 astronautics in a National Science Foundation research misconduct investigation, to several
T 510.350.9700 Major League Baseball teams in player arbitrations. Josh also served as vice president and
F 510.350.9701 general counsel to an innovative business venture in the second-home alternative
jjb@classlawgroup.com
marketplace, offering investors direct participation in ownership of a portfolio of luxury
vacation properties.
Practice Emphasis
Antitrust
Class Actions
Litigation Highlights
Consumer Protection H ernandez v. Wells Fargo Bank, N.A.
Represents a certified class of more than 1,200 home mortgage borrowers who lost their
Education homes to foreclosure after Wells Fargo erroneously denied them trial mortgage
UCLA School of Law, J.D.,
modifications. The case settled in two phases for a total of $40.3 million, resulting in
2000 significant compensation payments to each class member.
University of Pennsylvania,
B.A., with honors, 1996 Disposable Contact Lens Antitrust Litigation
Represents a class of consumers in the Disposable Contact Lens Antitrust Litigation, which
Admissions challenges a series of “minimum pricing” policies imposed by contact lens manufacturers.
California The suit alleges that consumers paid supracompetitive prices as a result of a conspiracy
among optometrists, manufacturers and a distributor of disposable contact lenses.
In re Anthem, Inc. Data Breach Privacy Litigation
Represented interests of plaintiffs and putative class members following massive data breach
of approximately 80 million personal records, including names, dates of birth, Social Security
numbers, health care ID numbers, email and physical addresses, employment information,
and income data.
Jiffy Lube Antitrust Litigation
Represents Jiffy Lube workers who were harmed by a “no-poach” policy whereby Jiffy Lube
required its franchisees to agree not to solicit or hire current or former employees of other
franchisees. The suit alleges that workers’ wages were suppressed by this restraint on the
market for their labor.
Airbnb H ost Class Action Lawsuit
Represents Airbnb hosts – in federal court and in individual arbitrations - who allege that
Airbnb took advantage of the COVID-19 pandemic and seized funds that belonged to hosts
while claiming that the money would be refunded to guests.
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Parker Hutchinson | Counsel
Parker Hutchinson represents plaintiffs in class actions and other complex litigation, with
extensive practice in the field of prescription drug product liability. Parker currently
represents clients in multi district litigation including servicemembers who suffered hearing
loss or tinnitus from defective 3M ear plugs and cancer survivors who suffered permanent
disfiguring hair loss from the chemotherapy drug Taxotere. Prior to joining Gibbs Law
Group, Parker wrote extensive briefing In re Taxotere as a member of the Plaintiffs' Law &
Briefing Committee. In his appellate advocacy work, Parker has also achieved an expansion
of the definition of "adverse employment action" under Title VII in an issue of first
impression.
T 510.350.9254
pnh@classlawgroup.com Parker is a 2009 graduate of Columbia Law School, where he was a leader at the Columbia
Journal of European Law. During law school, Parker was a judicial extern with the
Education
Honorable Stanwood Duval, Jr. of the Eastern District of Louisiana. Before law school,
Columbia Law School, J.D.,
Parker worked as a congressional staffer, a musician, and a writer. He involved himself
2009
closely in New Orleans’s recovery following Hurricane Katrina, including the resurrection of
Tulane University, B.A., cum progressive community radio station WTUL. He received his undergraduate degree, cum
laude, 2004 laude, from Tulane University in 2004.
Admissions
New York
Louisiana
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 42 of 66
Shawn Judge | Counsel
Shawn Judge focuses on class actions, mass torts, and other complex litigation matters.
Shawn has been appointed Chair by a federal court to two pipeline compensation
commissions, and he currently serves as Special Counsel for the Ohio Attorney General
litigating claims against the five of the country’s largest pharmaceutical companies alleging
misrepresentations and deceptive marketing that caused the nation’s current devastating
current opioid crisis. He routinely serves as an invited speaker on civil litigation and
mediation and is a former Ohio Bar Examiner.
Shawn is also an experienced mediator offering private mediation services for civil disputes.
For over a decade, Shawn mediated cases for the U.S. District Court for the Southern
T 510-340-4217 District of Ohio as a judicial clerk. He received mediation training at the Harvard
skj@classlawgroup.com Negotiation Institute at Harvard Law School and the Straus Institute for Dispute Resolution
at the Pepperdine University School of Law.
Practice Emphasis
Class Actions Previously, Shawn has served as a judicial clerk for the U.S. District Court for the Southern
Consumer Protection District of Ohio, the Supreme Court of Ohio, and Ohio’s Ninth District Court of Appeals.
He has previously served as adjunct professor at The Ohio State Second University Moritz
Education
College of Law, Ohio Northern University Pettit College of Law, and Capital University Law
The Ohio State University
School. Shawn received his B.A. with honors from The College of Wooster, holds an M.A.
Moritz College of Law, J.D., in English from Wright State University, and received his J.D. with honors from The Ohio
1998 State University Moritz College of Law.
Wright State University, M.A,
1995 Awards & Honors
The College of Wooster, B.A., Ohio Super Lawyer (2021)
with honors, 1993
Admissions
Professional Affiliations
Ohio Co-Chair, Class Actions/Consumer Law, Central Ohio Association for Justice
Ohio Mediation Association
Ohio Association for Justice
National Civil Justice Institute
American Association for Justice
Columbus Bar Association
Ohio State Bar Association
Federal Bar Association
American Bar Association
Litigation Highlights
State of Ohio ex rel. Dave Yost, Ohio Attorney General v. Purdue Pharma L.P. :
Represents the State of Ohio in litigation alleging that the six major manufacturers of
prescription opioids created a public nuisance, which caused billions of dollars in damages to
the state and its citizens. The litigation is ongoing.
Eaton v. Ascent Resources – Utica, LLC : Represents a class and sub-classes of oil and
gas lessors with leases with Ascent Resources – Utica, LLC. Plaintiffs claim that Ascent
takes improper post-production deductions from their royalty payments that are either not
allowed under their contracts or are unreasonable in amount. On August 4, 2021, the Court
granted class certification in the case, which marks one of the first cases of a court certifying
an Ohio class action regarding the underpayment of oil and gas royalties.. The lawsuit is
ongoing.
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 43 of 66
Micha Star Liberty | Of Counsel
Micha Star Liberty is a nationally recognized trial attorney dedicated to representing
individuals who have been injured or abused, including survivors of sexual abuse. With more
than twenty years of experience, Micha has been widely recognized for her achievements,
receiving numerous awards including Top 100 Women Lawyers in California, Top 100 High
Stakes Litigators, and Top Plaintiff Lawyers in California. In 2018, Micha was honored with
the Woman Advocate of the Year award for her work on legislation and prosecuting
numerous cases in support of the #MeToo movement. In 2015, the Consumer Attorneys of
California recognized Micha as Street Fighter of the Year for holding the Contra Costa
County School District accountable in a child sexual abuse case.
T 510.350.9700 Micha also contributes to the legal profession in leadership and has served as past president
msl@classlawgroup.com of Consumer Attorneys of California, Western Trial Lawyers, and Alameda-Contra Costa
Trial Lawyers, as well as past vice president of the State Bar of California. Micha is a
Practice Emphasis
frequent lecturer and published author on legal topics, focusing much of her public speaking
Sexual Assault on trial practice, discovery techniques, the importance of mentoring, and best practices for
opening a law office and law office management. Micha is also a certified mediator with over
Education 40 hours of training, and she has performed private mediations as well as mediations for the
University of Hastings, Contra Costa Superior Court with a trauma-informed perspective.
College of the Law, J.D.,
2001 Micha has worked at the White House (Clinton Administration) and for two Members of
University of California at Los Congress: for U.S. Representative Mel Watt, from North Carolina, and for U.S.
Angeles, B.A., 1995 Representative Anna Eshoo. While in law school, Micha served as a judicial extern to Senior
United States District Court Judge Thelton E. Henderson.
Admissions
California
Professional Affiliations
Alameda-Contra Costa Trial Lawyers Association, Past President
American Association for Justice, Board of Governors, Co-Chair Sexual Assault Litigation
Group
Consumer Attorneys of California, Past President, Past Diversity Committee Co-Chair, Past
Chair New Lawyers Caucus
Continuing Education of the Bar
Western Trial Lawyers Association, Past President
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Rosanne Mah | Counsel
Rosanne Mah represents consumers in complex class action litigation involving deceptive or
misleading practices, false advertising, and data/privacy issues. She is a member of the
California Bar and is admitted to practice before the United States Court of Appeals for the
Ninth Circuit and the United States District Courts for the Northern, Central, Eastern, and
Southern Districts of California.
Rosanne is integrally involved in the discovery and client outreach process for the Boy
Scouts of America Lawsuits, where she represents sexual abuse survivors who were abused
by leaders and other affiliates within the organization. She is also involved in communicating
with potential class representatives and clients for both the Toxic Baby Food lawsuit,
1111 Broadway
Suite 2100
alleging that certain baby food manufacturers were selling products containing poisonous
Oakland, CA 94607
heavy metals, and the Midwestern Pet Food lawsuit alleging that over 70 dogs have died
T 510.350.9700 after eating food contaminated with dangerous levels of aflatoxin, a mold toxin.
rlmj@classlawgroup.com
Rosanne has 15 years of experience in providing the highest level of legal representation to
Practice Emphasis individuals and businesses in a wide variety of cases. Throughout her career she has
Class Actions specialized in consumer protection, defective products, cybersecurity, data privacy, and
Consumer Protection employment law at several law firms, all while running her own practice. Rosanne attended
the University of San Francisco, School of Law, during which she was a judicial extern with
Education the Honorable Anne Bouliane of the San Francisco Superior Court.
University of San Francisco
School of Law, J.D., 2005
University of California at
Santa Cruz, B.A., 1995
Admissions
California
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George Sampson | Of Counsel
George Sampson brings 35 years of experience prosecuting complex antitrust cases on
behalf of consumers and small businesses. George began his career in antitrust enforcement
in 1984, when he joined the New York Attorney General’s Antitrust Bureau. He served as an
Assistant Attorney General for 10 years – the last two years (1992-1994) as Chief of the
Antitrust Bureau. George was the lead trial attorney in a civil bid-rigging action in which he
won the state’s first ever bid-rigging jury trial, recovering $7.8 million for the state.
George’s principal experience has been to assist expert witnesses in antitrust cases. He has
either taken or defended the deposition of nearly every leading antitrust economist, whether
at the class certification stage or the liability and damages phases of complex antitrust class
T 209.369.3962 actions. He is conversant with complex economic analyses, econometric damages models,
gws@classlawgroup.com
and equally important, translating expert economic analysis into language judges and juries
can readily grasp.
Practice Emphasis
Antitrust Litigation
Currently George serves as Trial Counsel in the Disposable Contact Lens Antitrust
Class Actions Litigation, a class action lawsuit filed 14 years after the original Contact Lens case was tried
in 2001. Along with Michael Schrag, he has been principally responsible for all of the expert
Education economics work on the case, including presenting evidence at the two-day class certification
New York University School hearing. The court’s 178 page order granting class certification has been appealed by
of Law, J.D. defendants.
Cornell University, B.A.
George Sampson is Of Counsel to Gibbs Law Group and the founding partner of Sampson
Admissions
Dunlap LLP.
Washington
Litigation Highlights
In re Disposable Contact Lens Antitrust Litigation
George served as co-lead counsel where he was principally responsible for all expert
economic testimony. He successfully settled the case after five weeks of trial for a total
recovery in excess of $90 million.
In re Visa Check/MasterMoney Antitrust Litigation
George was appointed co-lead counsel to the litigation team. His team achieved settlement
on the eve of trial for $3 billion, at the time the largest antitrust class settlement ever
achieved.
McDonough v. Toys R Us
George took on a “hub-and-spoke” case against Toys R Us for forcing baby product
manufacturers to raise prices at competing retailers. Again, George was principally
responsible for all expert economic testimony. After extensive discovery and a two-day class
certification hearing, the case settled for $35 million.
Professional Affiliations
American Antitrust Institute, Advisory Board Member
American Bar Association, Antitrust Law Section
Washington State Bar Association, Antitrust and Consumer Protection Committee
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Mark Troutman | Counsel
Mark Troutman is dedicated to protecting consumers against corporate misdeeds and has led
class action efforts across the country. Mark has been appointed to leadership roles in many
of his complex litigation cases, and he currently serves as Special Counsel for the Ohio
Attorney General in bringing claims against five of the country’s largest pharmaceutical
companies alleging misrepresentations and deceptive marketing that have caused the nation’s
current devastating opioid crisis.
As lead counsel in a consumer class action against Porsche, Mark achieved a $45 million
settlement for the class. Previously, Mark has been lead counsel in a consumer class action
against a fitness chain, and co-lead counsel in a class action claiming improper deductions
T 510-350-4214 from royalty payments to lessors of a major oil and gas operator.
mht@classlawgroup.com
Before joining Gibbs Law Group, Mark co-led the class action practice group of a leading
Practice Emphasis Ohio firm. Mark has been honored as a top plaintiff-side Class Action Litigator by the Best
Class Actions Lawyers in America and as a Rising Star by Ohio Super Lawyers. He has co-authored the
Consumer Protection leading guide on Ohio Consumer Law for more than 10 years and he continues to help
advance the Ohio plaintiffs’ bar as a member of the Ohio Association for Justice.
Education
The Ohio State University Litigation Highlights
Moritz College of Law, J.D.,
2003
State of Ohio ex rel. Dave Yost, Ohio Attorney General v. Purdue Pharma L.P. :
The Ohio State University,
Represents the State of Ohio in litigation alleging that the six major manufacturers of
B.A, summa cum laude, prescription opioids created a public nuisance, which caused billions of dollars in damages to
2000 the state and its citizens. The litigation is ongoing.
Admissions In re Porsche Cars North America, Inc. Coolant Tubes Product Liability Litigation:
Ohio Represented a class of nearly 50,000 Porsche Cayenne vehicle owners alleging that Porsche
defectively designed its 2003-2010 model year vehicles with plastic coolant tubes, which due
to their positioning, would prematurely wear them down from the vehicle’s heat and require
costly repairs. The settlement compensated class members for a significant portion of the
repair costs, with an estimated settlement value of more than $40 million.
Gascho v. Global Fitness H oldings : Represented a class and sub-classes of current and
former gym members alleging that the Urban Active gym chain took excessive and/or
unauthorized fees from gym members, which were not included in class members’ contracts
or in violation of state law. The settlement reimbursed class members for the improper
charges to their accounts.
Eaton v. Ascent Resources – Utica, LLC : Represents a class and sub-classes of oil and
gas lessors with leases with Ascent Resources – Utica, LLC. Plaintiffs claim that Ascent
takes improper post-production deductions from their royalty payments that are either not
allowed under their contracts or are unreasonable in amount. On August 4, 2021, the Court
granted class certification in the case, which marks one of the first cases of a court certifying
an Ohio class action regarding the underpayment of oil and gas royalties.. The lawsuit is
ongoing.
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Brian Bailey | Associate
Brian represents clients who have been harmed by corporate misconduct in complex
litigation including employment discrimination, personal injury, data breach and consumer
protection cases. He represents people who were injured and lost homes or businesses in our
PG&E wildfire cases.
Prior to Gibbs Law Group, Brian worked at the Federal Labor Relations Authority in Dallas,
Texas where he conducted investigations on federal unfair labor practices and coordinated
federal union elections. Previously, Brian represented a high volume of disabled individuals
in administrative hearings.
T 510.956.5256
bwb@classlawgroup.com
Brian is a 2016 graduate of Texas A&M University School of Law, where he served as the
Education president of the TAMU Black Law Student Association. During law school, he interned for
Texas A&M University the Honorable Justice Ken Molberg when he was District Judge at the 95th Texas Civil
School of Law, J.D., 2016
District Court and served as a research assistant for Professors Michael Z. Green and Sahar
Colorado Technical Aziz. Prior to law school, Brian worked as an international flight attendant at United Airlines
University, B.S., with honors and volunteered as an Occupational Injury Representative at the Association of Flight
Attendants, Local Council 11 in Washington D.C. Brian holds a B.S. with honors in business
Admissions administration from Colorado Technical University.
Texas
Professional Affiliations
L. Clifford Davis Legal Association
The International Legal Honor Society of Phi Delta Phi
The American Constitution Society for Law & Policy
Texas Young Lawyers Association
State Bar of Texas, member of the following Sections:
African-American Lawyers (AALS)
Consumer and Commercial Law
Labor and Employment Law
LGBT Law
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Case 3:21-cv-01418-EMC Document 130-3 Filed 11/09/22 Page 48 of 66
Erin Barlow | Associate
Erin is a zealous advocate for survivors of sexual assault as well as consumers who have
been harmed by corporate wrongdoing. She also has experience advocating for California
wildfire victims, as well as fighting for individuals who suffered injuries from using defective
drug and medical devices.
Erin is a 2021 graduate, cum laude, of the University of California Hastings College of the
Law. In law school, she served as Senior Acquisitions Editor for Hastings Environmental
Law Journal. She also was a Certified Law Student in the Individual Representation Clinic
where she successfully appealed an adverse Social Security determination and got an
individual's prior criminal convictions expunged. Erin received CALI awards for receiving
1111 Broadway the highest grade in Legal Research and Writing and in Environmental Justice and the Law.
Suite 2100 She received her undergraduate degrees in Politics and Marine Biology from the University
Oakland, CA 94607 of California Santa Cruz in 2014.
T 510.350.9700
F 510.350.9701
eab@classlawgroup.com Presentations and Articles
Education Author, “Unprecedented Marine Biodiversity Shifts Necessitate Innovation: The Case for
University of California, Dynamic Ocean Management in the UN High-Seas Conservation Agreement the Presenter,
Hastings College of Law, J.D., “Unpacking Public Interest Law,” Hastings Environmental Law Journal, 27 Hastings Envt'l
cum laude, 2021 L.J. 121, 2021
University of California at Santa
Cruz, B.A. and B.S., 2014
Admissions
California
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Emily Beale | Associate
Emily Beale is an advocate for consumers and employees, fighting unfair business practices
by corporations.
Prior to joining Gibbs Law Group, Emily worked for two years as a law clerk to the
Honorable Benjamin H. Settle in the Western District of Washington.
Emily is a 2020 graduate, summa cum laude, of Seattle University School of Law, where she
graduated first in her class. During law school, Emily advocated for incarcerated and accused
individuals at the Fred T. Korematsu Center for Law and Equity in its Civil Rights Clinic.
T 510.340.4732
Emily aided in the Korematsu Center’s amicus brief to the Washington State Supreme Court
eb@classlawgroup.com
on the unconscious bias associated with the use of restraints on incarcerated criminal
Education defendants, which resulted in a unanimous decision prohibiting such practices in
Seattle University School of Washington state. See State v. Jackson, 195 Wash.2d 841 (2020).
Law, J.D., summa cum laude,
2020 While in law school, Emily served as Managing Editor for the Seattle University Law Review
University of Washington,
and on the Moot Court Board. She represented Seattle University at a regional National
B.A., 2015 Moot Court Competition and received eight CALI awards for highest grade. Emily received
her undergraduate degree in Law, Societies, and Justice with a minor in French from the
Admissions University of Washington in 2015.
Washington
Presentations and Articles
Author, “Unfair-but-not-Deceptive: Confronting the Ambiguity in Washington State’s
Consumer Protection Act,” 43 Seattle U. L. R. 1011 (2020)
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Aaron Blumenthal | Associate
Aaron Blumenthal represents employees, whistleblowers, and consumers in complex and
class action litigation. He is a member of our California whistleblower attorney practice
group.
Aaron attended law school at the University of California at Berkeley, where he graduated
Order of the Coif, the highest level of distinction. While in law school, Aaron wrote an article
about class action waivers that was published by the California Law Review, one of the top
law reviews in the country. He also served as a research assistant to Professor Franklin
Zimring, who described Aaron in the acknowledgements section of one of his books as a
1111 Broadway “statistical jack-of-all-trades.”
Suite 2100
Oakland, CA 94607 Litigation Highlights
T 510.350.9714
ab@classlawgroup.com
In Re Anthem, Inc. Data Breach Litigation - represented consumers whose personal
Education
information was impacted by the Anthem data breach, which was announced in 2015 as
University of California, affecting nearly 80 million insurance customers. The case resulted in a $115 million
Berkeley Law, J.D., Order of
the Coif, 2015
settlement, which offered extended credit monitoring to affected consumers.
University of California at LLE One v. Facebook – key member of the litigation team representing video advertisers
Berkeley, B.A., Phi Beta in a putative class action against Facebook alleging that the company inflated its metrics for
Kappa, 2008 the average time users spent watching video ads, causing the plaintiffs to spend more for
Admissions
video advertising on Facebook than they otherwise would have.
California
JPMorgan Chase Litigation - represented a class of mortgage borrowers against JPMorgan
Chase, alleging that the bank charged them invalid "post-payment interest" when they paid
off their loans. The case resulted in an $11 million settlement.
Neilson Mass Layoff Lawsuit - represents a putative class of former employees of Neilson
Financial Services, who allege they were laid off in violation of the California WARN Act.
Awards & Honors
Rising Star, Northern California Super Lawyers, 2018-2022
Presentations and Articles
Author, “Why Justices’ PAGA Ruling May Not Be Real Win For Cos.,” Law360
Employment Authority, July 2022
Co-author, “DoorDash: Quick Food, Slow Justice,” Daily Journal, March 2020
Co-author, “In the Breach,” Trial Magazine, American Association for Justice, September
2017
Author, “Winning Strategies in Privacy and Data Security Class Actions: The Plaintiffs’
Perspective,” Berkeley Center for Law & Technology, January 2017
Author, “Circumventing Concepcion: Conceptualizing Innovative Strategies to Ensure the
Enforcement of Consumer Protection Laws in the Age of the Inviolable Class Action
Waiver,” 103 Calif. L. Review 699, 2015
Author, “Religiosity and Same-Sex Marriage in the United States and Europe,” 32 Berkeley J.
Int’l. L 195, 2014.
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Kyla Gibboney | Associate
Kyla represents consumers, employees, investors, and others who have been harmed by
corporate misconduct. She prosecutes a wide range of complex class action cases, including
antitrust, securities, consumer protection, financial fraud, and product defect across a variety
of industries.
Kyla is a vital member of the team prosecuting the firm’s financial fraud lawsuits against
GreenSky, a financial technology company that facilitates consumer loans for construction
projects and medical procedures. As part of her work on that case, she helped defeat
GreenSky’s motions to dismiss borrowers’ complaints that GreenSky charges unlawful fees
1111 Broadway
and attempts to force borrowers to pursue their claims in arbitration instead of in court.
Suite 2100 Kyla also has extensive experience litigating antitrust class actions. She currently represents
Oakland, CA 94607 cattle ranchers in In re Cattle Antitrust Litigation, a lawsuit challenging the country’s largest
T 510.350.9709 beef purchasers’ method for setting prices for fed cattle, and has worked on several
kjg@classlawgroup.com pharmaceutical lawsuits that challenged reverse payment patent settlements, a practice in
Education
which brand pharmaceutical companies pay generic would-be competitors to stay out of the
market, resulting in higher drug prices.
University of California,
Hastings College of Law, J.D.,
cum laude, 2014 Kyla is a 2014 graduate of the University of California Hastings School of Law, where she
was an extern with the United States Department of Justice’s Antitrust Division and for
University of California at Magistrate Judge Kandis A. Westmore and California Court of Appeal Justice Sandra
Berkeley, B.A., 2009
Margulies. During law school, Kyla was also a law clerk for the Anti-Predatory Lending
Admissions group of Community Legal Services in East Palo Alto, where she fought for economic
California
justice for low-income borrowers and homeowners in East Palo Alto, and volunteered with
the General Assistance Advocacy Project in San Francisco.
Litigation Highlights
Bowen v. Porsche Cars North America, Inc. – Represents a proposed class of Porsche
owners who allege a faulty software update has caused permanent damage to their cars’ radio
and infotainment system, including a “near-continuous reboot cycle,” constant static noise,
and drainage to the car battery. A Georgia federal judge allowed the case’s innovative digital
trespass claims to proceed after partially denying Porsche’s motion to dismiss.
GreenSky Litigation – Key member of the team representing consumers who took out
loans for home maintenance repairs and were charged hidden fees by GreenSky, Inc.
Deora v. NantH ealth – Represented investors who alleged that NantHealth’s founder
violated federal securities law and artificially inflated stock prices by structuring a purportedly
philanthropic donation to the University of Utah to require the University to pay
NantHealth $10 million for research services. Kyla gathered the evidence necessary to come
to a settlement in the case, which included interrogating several key fact witnesses.
LLE One v. Facebook – Part of the team representing advertisers who accused Facebook
of inflating its viewership metrics by as much as 900% when selling its ad services. The
lawsuit resulted in a $40 million settlement for the class, and Kyla helped to oversee
settlement distribution to over 1 million individuals and entities.
Awards & Honors
Rising Star, Northern California Super Lawyers, (2018-2022)
Professional Affiliations
American Association for Justice
National Civil Justice Institute
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Julia Gonzalez | Associate
Julia works with employees who have faced discrimination, misclassification, wage and hour
violations, and other workplace injustices, advocating for their rights in individual and class
cases. She is also a member of the litigation team in our Washington State Voter
Discrimination lawsuit, working to combat voter suppression and to ensure equal access to
the democratic process.
Julia is a 2021 graduate of the University of California, Berkeley, School of Law. In law
school, she was an Articles Editor and Executive Editor for the Berkeley Journal of
Employment and Labor Law, the leading law review for employment and labor law
scholarship. She twice competed in the Traynor Moot Court competition, where her team
1111 Broadway received the award for Best Brief in 2020. Julia was a member of the Consumer Advocacy
Suite 2100 and Protection Society and received the American Jurisprudence Award in Consumer
Oakland, CA 94607 Protection Law. She also provided direct legal services through the Workers’ Rights Clinic
T 510.350.9700 and the Tenants’ Rights Workshop. Julia received her undergraduate degree, cum laude, in
F 510.350.9701
Sociology from Yale University in 2013, and spent the year between college and law school
jlg@classlawgroup.com
as a full-time volunteer at the St. Francis Center, a multi-service non-profit in the North Fair
Education Oaks neighborhood of Redwood City.
University of California at
Berkeley, J.D., 2021
Litigation Highlights
Yale University, B.A., cum
laude, 2013 Postmates Driver Misclassification – Represents hundreds of gig economy workers in
legal actions alleging that they were misclassified as independent contractors and should be
Admissions entitled to minimum wage, overtime pay, and expense reimbursement under California and
California other state labor laws.
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1111 Broadway Hanne Jensen | Associate
Suite 2100
Oakland, CA 94607
Hanne Jensen represents plaintiffs in class action and complex litigation involving consumer
T 510.350.9244
hj@classlawgroup.com
protection, workers’ rights, products liability, privacy law, and constitutional law.
Education Hanne graduated from the University of California, Berkeley, School of Law in 2020. While
University of California at in law school, Hanne served as the Senior Notes editor for the California Law Review, an
Berkeley (Berkeley Law), J.D., executive editor for the Berkeley Journal of Employment and Labor Law, and a co-Editor-
2020 in-Chief of the Berkeley Journal of Gender, Law, and Justice. As a member of the Consumer
Whitman College, magna cum
Advocacy and Protection Society, Hanne contributed public comments to the Federal Trade
laude, B.A., 2014 Commission and Federal Deposit Investment Corporation concerning rules that affect
consumers’ financial rights, and helped draft an amicus brief for the Berkeley Center of
Admissions Consumer and Economic Justice supporting mortgage applicants who had been wrongfully
California denied loans by an error in an AI underwriting servicer. Hanne also served as a research
assistant for Professor Catherine Fisk’s work on teachers’ strikes and Professor Andrew
Bradt’s work on personal jurisdiction in complex litigation, as well as an oral advocacy
teaching assistant for Professor Cheryl Berg. Prior to joining Gibbs Law Group, Hanne
clerked for the Honorable Chief Judge Miranda M. Du in the District of Nevada in her
beautiful hometown of Reno, Nevada.
Hanne received her undergraduate degree with majors in English and Philosophy from
Whitman College, magna cum laude. At Whitman, Hanne was a member of Phi Beta Kappa
and served as the co-Editor-in-Chief of the literary magazine blue moon. Prior to law school,
Hanne was a Fulbright English Teaching Assistant in Germany.
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Jeff Kosbie | Associate
Jeff Kosbie represents plaintiffs in class actions and other complex lawsuits involving
consumer protection, securities fraud and employment law. He previously worked as a staff
attorney in the United States Court of Appeals for the Ninth Circuit (2017-2018) and served
as a Multidistrict Litigation Law Clerk to the Judges Lucy Koh, Beth Freeman, and Edward
Davila of the Northern District of California (2018-2019).
Jeff serves as Co-chair of Bay Area Lawyers for Individual Freedom (“BALIF”), the nation’s
oldest and largest association of lesbian, gay, bisexual and transgender (LGBTQI) persons in
the field of law, and he is on the board of the BALIF Foundation. He was also selected to
serve on the California Lawyers Association Litigation Section Executive Committee. He
1111 Broadway has published multiple articles in law reviews related to the history of LGBTQ rights. Jeff is
Suite 2100 a 2015 graduate, magna cum laude, of Northwestern University School of Law and
Oakland, CA 94607 Northwestern University Graduate School where he received a J.D. and a Ph.D. in
T 510.350.9711
Sociology. While in law school, Jeff served as an Articles Editor of the Northwestern Journal
jbk@classlawgroup.com
of Law and Social Policy. He received his undergraduate degree, summa cum laude, Phi Beta
Education Kappa, in Sociology from Brandeis University in 2006.
Northwestern University School
of Law, J.D., magna cum laude,
2015
Awards & Honors
Best Lawyers in America: Ones to Watch, 2023
Northwestern University
Rising Star, Northern California Super Lawyers, 2021-2022
Graduate School, Ph.D., 2015
Best LGBTQ+ Lawyers Under 40, LGBT Bar Association, 2021
Brandeis University, B.A., Unity Award, Minority Bar Coalition, 2019
summa cum laude, Phi Beta
Kappa, 2006 Professional Affiliations
Admissions American Association for Justice
California Bay Area Lawyers for Individual Freedom, Co-chair
BALIF Foundation, Board
California Lawyers Association, Litigation Section Executive Committee
Consumer Attorneys of California
Presentations and Articles
• Presenter, “An Important Discussion re Civil Rights: Racism, Diversity, Equity, and
Inclusion while Surviving COVID-19,” California Lawyers Association Litigation and
Appellate Summit, May 2021
• Presenter, “LGBTQ+ Employment Discrimination Claims in Practice,” BALIF CLE
Series, February 2021
• Author, “Overdue Protection for LGTBQ Workers,” Trial Magazine, American
Association for Justice, September 2020
• Author, “How the Right to be Sexual Shaped the Emergence of LGBT Rights,” 22 U. Pa.
J. Const. L. 1389, August 2020
• Presenter, “LGBTQ+ Employment Rights Webinar,” American Association for Justice,
June 2020
• Presenter, “Free Speech & LGBTQ+ Advocacy,” Annual Symposium, William & Mary
Journal of Race, Gender, and Social Justice, February 2020
• Presenter, “Wage and Hour Litigation & Enforcement Webinar,” HB Litigation, February
2020
• Author, “Donor Preferences and the Crisis in Public Interest Law,” 57 Santa Clara L. Rev.
43, 2017
• Author, “(No) State Interests in Regulating Gender: How Suppression of Gender
Nonconformity Violates Freedom of Speech,” 19 Wm. & Mary J. Women & L. 187, 2013
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Ashleigh Musser | Associate
Ashleigh represents consumers and employees in class actions and mass arbitration involving
consumer protection and employment law. She litigates complex cases involving
misclassification, discrimination, and wage and hour claims brought under state law,
including under the Private Attorneys General Act (PAGA). She currently represents
thousands of gig economy workers in legal actions alleging that they were misclassified as
independent contractors and should be entitled to minimum wage, overtime pay, and
expense reimbursement under California and other state labor laws. Ashleigh is a proficient
Spanish speaker and has experience representing and working with Spanish-speaking clients.
Ashleigh previously worked at a litigation firm in San Francisco, representing clients in
1111 Broadway criminal and civil proceedings, with an emphasis in personal injury, real estate, and wrongful
Suite 2100 death claims. More recently, she counseled and represented plaintiffs in individual and
Oakland, CA 94607 representative labor and employment matters at a boutique law firm in San Francisco. She
T 510.350.9708 has extensive experience protecting the rights of employees in cases involving California
aam@classlawgroup.com Labor Code violations, California Family Rights Act violations, and violations of the
Education California Fair Employment and Housing Act, which includes representing plaintiffs with
Seattle University School of sexual harassment, disability and pregnancy discrimination, and retaliation claims.
Law, J.D., 2014
Ashleigh is a 2014 graduate of Seattle University School of Law, where she served as the
Bates College, B.A., 2010 treasurer of the Moot Court Board, and as a chair of the International Law Society. During
Admissions
her time in law school, Ashleigh externed at the AIDS Legal Referral Panel of San Francisco,
and subsequently volunteered as a licensed lawyer, where she represented clients facing
California
eviction, and researched issues including the impact lump sum payments have on Section 8,
the Housing Choice Voucher Program. As a law student, Ashleigh studied abroad at the
University of Witwatersrand in Johannesburg, South Africa, focusing on how businesses
adversely impact human rights, primarily in African countries. Ashleigh further diversified
her legal experience by becoming a licensed to practice intern in Washington State, allowing
her to practice law as a law student for the City Prosecutor’s Office. In this role, she had to
balance defending the City with the rights of the individuals that came before her in court.
Awards & Honors
Rising Star, Northern California Super Lawyers, 2021-2022
Professional Affiliations
California Employment Lawyers Association
San Francisco Trial Lawyers Association
Presentations and Articles
Author, “The Estrada decision on review: What to do with “unmanageable” PAGA claims?”
Daily Journal, July 2022
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Zeke Wald | Associate
Zeke is dedicated to representing plaintiffs in class action and complex litigation concerning
consumers’ and workers’ rights, products liability, privacy law, and constitutional law.
Zeke graduated from the University of California, Berkeley School of Law in 2021, where he
was an Articles editor for the California Law Review, a research assistant for Professor Sean
Farhang’s work on complex litigation, and an advocate with the East Bay Community Law
Center’s Community Economic Justice clinic. Zeke also co-founded the Law and Political
Economy society, which focuses on bringing students deeper into critical legal theory, and
served as a leader of Berkeley’s Gun Violence Prevention Project, an organization that
supported the Giffords Law Center and the Brady Center’s national, state, and local litigation
1111 Broadway efforts and policy advocacy on behalf of survivors of gun violence.
Suite 2100
Oakland, CA 94607 Zeke received his undergraduate dual degrees in Economics and Psychology from the
T 510.350.9700 University of California, Santa Barbara with highest honors. Prior to law school, Zeke
F 510.350.9701
worked for a tech startup dedicated to providing consumers with access to objective,
zsw@classlawgroup.com
unbiased information about products and services, and as a legal secretary at a family law
Education firm focusing on complex parentage and custody cases and assisted reproduction law.
University of California at
Berkeley, Berkeley Law, J.D.,
2021 Litigation Highlights
University of California at Santa In re: 3M Combat Arms Earplug Products Liability Litigation – This multi-district
Barbara, B.A., highest honors, litigation concerns allegations that 3M’s dual-ended Combat Arms earplugs were defective
2016
and caused servicemembers and civilians to develop hearing loss or tinnitus. Zeke is a
Admissions member of the team supporting the Law, Briefing, and Legal Drafting Committee.
California
Presentations and Articles
• Author, “Election Law’s Efficiency-Convergence Dilemma,” October 2020
• Author, “Driving in the Rearview: Looking Forward by Looking Back,” The Law and
Political Economy Society at Berkeley Law Blog, March 2020
• Author, “The Efficient Administration of Elections: How Competing Economic
Principles Have Overtaken the Law of Democracy,” The Law and Political Economy
Society at Berkeley Law Blog, November 2019
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Tayler Walters | Associate
Tayler Walters works with consumers in class actions to combat unfair business practices by
corporations, including investors who have been victimized in financial fraud schemes and
people whose personal information has been compromised in large-scale data/privacy
breaches. She previously worked in a plaintiff’s law firm advocating for consumers in a range
of areas, including personal injury, product liability, premises liability, employment law, and
elder abuse.
Tayler is a 2020 graduate, magna cum laude, of the University of San Francisco School of Law.
In law school, she served as a Development Director on the Moot Court Board where she
1111 Broadway
coached her fellow students and competed in the National Appellate Advocacy Competition.
Suite 2100
Oakland, CA 94607
Tayler received a Merit Scholarship, earned CALI awards for receiving the highest grade in
T 510.350.9247 Professional Responsibility and in Contracts Law, and externed for California Supreme
tlw@classlawgroup.com Court Chief Justice Tani Cantil-Sakauye. Tayler received her undergraduate degree in
Political Science and Government from the University of Colorado Boulder in 2017.
Education
University of San Francisco
School of Law, J.D., magna
cum laude, 2020
University of Colorado
Boulder, B.A., 2017
Admissions
California
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SIGNIFICANT RECOVERIES
Some examples of the cases in which our lawyers played a significant role are described below:
Privacy and Data Breach
In re: Vizio, Inc. Consumer Privacy Litigation , MDL No. 8:16-ml-02963 (C.D. Cal.).
Gibbs Law Group attorneys are co-lead counsel in this multi-district lawsuit alleging that Vizio collected and
sold data about consumers' television viewing habits and their digital identities to advertisers without
consumers' knowledge or consent. Counsel achieved an important ruling on the application of the Video
Privacy Protection Act (VPPA), a 1988 federal privacy law, which had never been extended to television
manufacturers. The firm negotiated a settlement providing for class-wide injunctive relief transforming the
company’s data collection practices, as well as a $17 million fund to compensate consumers who were
affected. In granting preliminary approval, Judge Josephine Staton stated, “I'm glad I appointed all of you
as lead counsel, because -- it probably is the best set of papers I've had on preliminary approval.” She also
noted "[E]very class member will benefit from the injunctive relief." On July 31, 2019, the Court granted
final approval of the settlement.
In re: Lenovo Adware Litig., No. 4:15-md-02624 (N.D. Cal.) Gibbs Law Group attorneys
represented consumers in a nationwide class action lawsuit alleging that Lenovo preinstalled software on
laptops that caused performance, privacy and security issues for consumers. On April 24, 2019, the Court
granted final approval to a $8.3 million class action settlement.
In re Equifax, Inc. Customer Data Security Breach Litig. , MDL No. 2800, No. 1:17-md-2800
(N.D. Ga.) Gibbs Law Group attorneys serve on the Plaintiffs’ Executive Committee in this nationwide
class action stemming from a 2017 data breach that exposed social security numbers, birth dates, addresses,
and in some cases, credit card numbers of more than 147 million consumers. On January 13, 2020, the
Court granted final approval to a settlement valued at $1.5 billion. Gibbs Law Group attorneys played an
integral role in negotiating key business practice changes, including overhauling Equifax’s handling of
consumers’ personal information and data security.
In re Anthem, Inc. Data Breach Litig ., MDL No. 2617, No. 15-md-02617 (N.D. Cal.). Gibbs
Law Group attorneys serve as part of the four-firm leadership team in this nationwide class action stemming
from the largest healthcare data breach in history affecting approximately 80 million people. On August 15,
2018, the Court granted final approval to a $115 million cash settlement.
In re Adobe Systems Inc. Privacy Litig. , No. 13-cv-05226 (N.D. Cal.). In this nationwide class
action stemming from a 2013 data breach, attorneys from Gibbs Law Group served as lead counsel on
behalf of the millions of potentially affected consumers. Counsel achieved a landmark ruling on Article III
standing (which has since been relied upon by the Seventh Circuit Court of Appeals and other courts) and
then went on to negotiate a settlement requiring Adobe to provide enhanced security relief—including the
implementation and maintenance of enhanced intrusion detection, network segmentation, and encryption.
Whitaker v. Health Net of Cal., Inc., et al. , No. 11-cv-00910 (E.D. Cal.); Shurtleff v. Health
Net of Cal., Inc. , No. 34-2012-00121600 (Cal. Super Ct. Sacramento Cty). Gibbs Law Group attorneys
served as co-lead counsel in this patient privacy case. On June 24, 2014, the court granted final approval of a
settlement that provided class members with credit monitoring, established a $2 million fund to reimburse
consumers for related identity theft incidents, and instituted material upgrades to and monitoring of Health
Net’s information security protocols.
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Smith v. Regents of the University of California, San Francisco, No. RG-08-410004 (Cal. Super
Ct. Alameda Cty). Gibbs Law Group attorneys represented a patient who alleged that UCSF’s disclosure of
its patients’ medical data to outside vendors violated California medical privacy law. The firm succeeded in
negotiating improvements to UCSF’s privacy procedures on behalf of a certified class of patients of the
UCSF medical center. In approving the stipulated permanent injunction, Judge Stephen Brick found that
“plaintiff Smith has achieved a substantial benefit to the entire class and the public at large.”
Deceptive Marketing
Hyundai and Kia Fuel Economy Litigation , No. 2:13-md-2424 (C.D. Cal.). In a lawsuit alleging
false advertising of vehicle fuel efficiency, the court appointed Eric Gibbs as liaison counsel. Mr. Gibbs
regularly reported to the Court, coordinated a wide-ranging discovery process, and advanced the view of
plaintiffs seeking relief under the laws of over twenty states. Ultimately Mr. Gibbs helped negotiate a revised
nationwide class action settlement with an estimated value of up to $210 million. The Honorable George H.
Wu wrote that Mr. Gibbs had “efficiently managed the requests from well over 20 different law firms and
effectively represented the interests of Non-Settling Plaintiffs throughout this litigation. This included
actively participating in revisions to the proposed settlement in a manner that addressed many weaknesses in
the original proposed settlement.”
In Re Mercedes-Benz Tele Aid Contract Litigation , MDL No. 1914, No. 07-cv-02720 (D.N.J.).
Gibbs Law Group attorneys and co-counsel served as co-lead class counsel on behalf of consumers who
were not told their vehicles’ navigation systems were on the verge of becoming obsolete. Counsel
successfully certified a nationwide litigation class, before negotiating a settlement valued between
approximately $25 million and $50 million. In approving the settlement, the court acknowledged that the
case “involved years of difficult and hard-fought litigation by able counsel on both sides” and that “the
attorneys who handled the case were particularly skilled by virtue of their ability and experience.”
In re Providian Credit Card Cases , JCCP No. 4085 (Cal. Super. Ct. San Francisco Cty). Mr. Gibbs
played a prominent role in this nationwide class action suit brought on behalf of Providian credit card
holders. The lawsuit alleged that Providian engaged in unlawful, unfair and fraudulent business practices in
connection with the marketing and fee assessments for its credit cards. The Honorable Stuart Pollack
approved a $105 million settlement, plus injunctive relief—one of the largest class action recoveries in the
United States arising out of consumer credit card litigation.
In re Hyundai and Kia Horsepower Litigation , No. 02CC00287 (Cal. Super. Ct. Orange Cty). In
a class action on behalf of U.S. Hyundai and Kia owners and lessees, contending that Hyundai advertised
false horsepower ratings in the United States, attorneys from Gibbs Law Group negotiated a class action
settlement valued at between $75 million and $125 million which provided owners nationwide with cash
payments and dealer credits.
Skold v. Intel Corp. , No. 1-05-cv-039231 (Cal. Super. Ct. Santa Clara Cty.). Gibbs Law Group
attorneys represented Intel consumers through a decade of hard-fought litigation, ultimately
certifying a nationwide class under an innovative “price inflation” theory and negotiating a
settlement that provided refunds and $4 million in cy pres donations. In approving the settlement, Judge
Peter Kirwan wrote: “It is abundantly clear that Class Counsel invested an incredible amount of time and
costs in a case which lasted approximately 10 years with no guarantee that they would prevail…. Simply put,
Class Counsel earned their fees in this case.”
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Steff v. United Online, Inc. , No. BC265953 (Cal. Super. Ct. Los Angeles Cty.). Mr. Gibbs served
as lead counsel in this nationwide class action suit brought against NetZero, Inc. and its parent, United
Online, Inc., by former NetZero customers. Plaintiffs alleged that defendants falsely advertised their internet
service as unlimited and guaranteed for a specific period of time. The Honorable Victoria G. Chaney of the
Los Angeles Superior Court granted final approval of a settlement that provided full refunds to customers
whose services were cancelled and which placed restrictions on Defendants’ advertising.
Khaliki v. Helzberg’s Diamond Shops, Inc. , No. 11-cv-00010 (W.D. Mo.). Gibbs Law Group
attorneys and co-counsel represented consumers who alleged deceptive marketing in connection with the
sale of princess-cut diamonds. The firms achieved a positive settlement, which the court approved,
recognizing “that Class Counsel provided excellent representation” and achieved “a favorable result
relatively early in the case, which benefits the Class while preserving judicial resources.” The court went on
to recognize that “Class Counsel faced considerable risk in pursuing this litigation on a contingent basis, and
obtained a favorable result for the class given the legal and factual complexities and challenges presented.”
Defective Products
In re Pacific Fertility Center Litigation , Case No. 3:18-cv-01586 (N.D. Cal). Gibbs Law Group
attorneys served as co-lead trial counsel in a three-week trial on behalf of several patients who tragically lost
eggs and embryos in a catastrophic cryo-preservation tank failure at San Francisco’s Pacific Fertility Center
in 2018. The jury found cryogenic tank manufacturer, Chart Inc., liable on all claims, determining that the
tank contained manufacturing and design defects, and that Chart had negligently failed to recall or retrofit
the tank’s controller, despite having known for years that the controller model was prone to malfunction.
For each claim, the jury found that the deficiency was a substantial factor in causing harm to the plaintiffs,
and awarded $14.975 million in aggregate damages. This was the first trial in the consolidated litigation, and
five additional trials against Chart are scheduled for 2022 and 2023.
In re: American Honda Motor Co., Inc., CR-V Vibration Marketing and Sales Practices
Litigation , No. 2:15-md-02661 (S.D. Ohio) Gibbs Law Group attorneys served as co-lead counsel in this
multidistrict litigation on behalf of Honda CR-V owners who complained that their vehicles were vibrating
excessively. After several lawsuits had been filed, Honda began issuing repair bulletins, setting forth repairs
to address the vibration. Honda did not publicize the repairs well and as a result, Plaintiffs’ alleged many
CR-V owners and lessees—including those who had previously been told that repairs were unavailable—
continued to experience the vibration. In early 2018, the parties negotiated a comprehensive settlement to
resolve the multidistrict litigation on a class-wide basis. The settlement ensured that all affected vehicle
owners were made aware of the free warranty repairs, including requiring Honda to proactively reach out to
CR-V owners and dealers in several ways to publicize the repair options available.
In re General Motors Cases , No. JCCP 4396 (Cal. Super. Ct. L.A. Cty) - certified California state
court class action against General Motors alleging violations of California’s “Secret Warranty” law,
California Civil Code § 1794.90 et seq.
Glenn v. Hyundai Motor America , Case No. 8:15-cv-02052 (C.D. Cal.). Gibbs Law Group
attorneys represented drivers from six states who alleged their vehicles came with defective sunroofs that
could shatter without warning. The case persisted through several years of fiercely contested litigation
before resolving for a package of class-wide benefits conservatively valued at over $30 million. In approving
the settlement, U.S. District Court Judge David O. Carter praised the resolution: “[T]his is an extraordinarily
complex case and an extraordinarily creative solution.
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Amborn et al. v. Behr Process Corp ., No. 17-cv-4464 (N.D. Ill.) Gibbs Law Group served as co-
lead counsel in this coordinated lawsuit against Behr and Home Depot alleging that Behr's DeckOver deck
resurfacing product is prone to peeling, chipping, bubbling, and degrading soon after application. The team
negotiated a class-wide settlement, which provided class members who submitted claims with 1) a refund
for their purchase; and 2) substantial compensation for money spent removing DeckOver or repairing their
deck. The settlement was granted final approval on December 19, 2018.
In re Hyundai Sonata Engine Litigation , Case No. 5:15-cv-01685 (N.D. Cal.). Gibbs Law
Group attorneys served as court-appointed co-lead class counsel on behalf of plaintiffs who alleged their
2011-2014 Hyundai Sonatas suffered premature and catastrophic engine failures due to defective rotating
assemblies. We negotiated a comprehensive settlement providing for nationwide recalls, warranty
extensions, repair reimbursements, and compensation for class members who had already traded-in or sold
their vehicles at a loss. The average payment to class members exceeded $3,000.
Sugarman v. Ducati North America, Inc. , No. 10-cv-05246 (N.D. Cal.). Gibbs Law Group
attorneys served as class counsel on behalf of Ducati motorcycle owners whose fuel tanks on their
motorcycles degraded and deformed due to incompatibility with the motorcycles’ fuel. In January 2012, the
Court approved a settlement that provided an extended warranty and repairs, writing, “The Court
recognizes that class counsel assumed substantial risks and burdens in this litigation. Representation was
professional and competent; in the Court’s opinion, counsel obtained an excellent result for the class.”
Parkinson v. Hyundai Motor America , No. 06-cv-00345 (C.D. Cal.). Gibbs Law Group attorneys
served as class counsel in this class action featuring allegations that the flywheel and clutch system in certain
Hyundai vehicles was defective. After achieving nationwide class certification, our lawyers negotiated a
settlement that provided for reimbursements to class members for their repairs, depending on their vehicle’s
mileage at time of repair, from 50% to 100% reimbursement. The settlement also provided full
reimbursement for rental vehicle expenses for class members who rented a vehicle while flywheel or clutch
repairs were being performed. After the settlement was approved, the court wrote, “Perhaps the best
barometer of … the benefit obtained for the class … is the perception of class members themselves.
Counsel submitted dozens of letters from class members sharing their joy, appreciation, and relief that
someone finally did something to help them.”
Browne v. Am. Honda Motor Co., Inc. , No. 09-cv-06750 (C.D. Cal.). Gibbs Law Group
attorneys and co-counsel represented plaintiffs who alleged that about 750,000 Honda Accord and Acura
TSX vehicles were sold with brake pads that wore out prematurely. We negotiated a settlement in which
improved brake pads were made available and class members who had them installed could be reimbursed.
The settlement received final court approval in July 2010 and provided an estimated value of $25 million.
In Re General Motors Dex-Cool Cases. , No. HG03093843 (Cal. Super Ct. Alameda Cty). Gibbs
Law Group attorneys served as co-lead counsel in these class action lawsuits filed throughout the country,
where plaintiffs alleged that General Motors’ Dex-Cool engine coolant damaged certain vehicles’ engines,
and that in other vehicles, Dex-Cool formed a rusty sludge that caused vehicles to overheat. After consumer
classes were certified in both Missouri and California, General Motors agreed to cash payments to class
members nationwide. On October 27, 2008, the California court granted final approval to the settlement.
In re iPod Cases , JCCP No. 4355 (Cal. Super. Ct. San Mateo Cty). Mr. Gibbs, as court appointed
co-lead counsel, negotiated a settlement that provided warranty extensions, battery replacements, cash
payments, and store credits for class members who experienced battery failure. In approving the settlement,
the Hon. Beth L. Freeman said that the class was represented by “extremely well qualified” counsel who
negotiated a “significant and substantial benefit” for the class members.
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Roy v. Hyundai Motor America , No. 05-cv-00483 (C.D. Cal.). Gibbs Law Group attorneys served
as co-lead counsel in this nationwide class action suit brought on behalf of Hyundai Elantra owners and
lessees, alleging that an air bag system in vehicles was defective. Our attorneys helped negotiate a settlement
whereby Hyundai agreed to repair the air bag systems, provide reimbursement for transportation expenses,
and administer an alternative dispute resolution program for trade-ins and buy-backs. In approving the
settlement, the Honorable Alicemarie H. Stotler presiding, described the settlement as “pragmatic” and a
“win-win” for all involved.
Velasco v. Chrysler Group LLC (n/k/a FCA US LLC) , No. 2:13-cv-08080 (C.D. Cal.). In this
class action, consumers alleged they were sold and leased vehicles with defective power control modules
that caused vehicle stalling. Gibbs Law Group attorneys and their co-counsel defeated the majority of
Chrysler’s motion to dismiss and engaged in extensive deposition and document discovery. In 2015, the
parties reached a settlement contingent on Chrysler initiating a recall of hundreds of thousands of vehicles,
reimbursing owners for past repairs, and extending its warranty for the repairs conducted through the recall.
When he granted final settlement approval, the Honorable Dean D. Pregerson acknowledged that the case
had been “hard fought” and “well-litigated by both sides.”
Edwards v. Ford Motor Co. , No. 11-cv-1058 (S.D. Cal.). This lawsuit alleged that Ford sold
vehicles despite a known safety defect that caused them to surge into intersections, through crosswalks, and
up on to curbs. The litigation twice went to the U.S. Court of Appeals for the Ninth Circuit, with plaintiff
prevailing in both instances. In the first instance, the appellate court reversed the trial court’s denial of class
certification. In the second, the Ninth Circuit affirmed the ruling below that plaintiff’s efforts had generated
free repairs, reimbursements, and extended warranties for the class.
Sanborn, et al. v. Nissan North America, Inc ., No. 00:14-cv-62567 (S.D. Fla.). Gibbs Law
Group litigated this action against a vigorous defense for two years, seeking relief for Nissan Altima owners
whose dashboards were melting into a sticky, shiny, gooey surface that they alleged caused a substantial and
dangerous glare. After largely prevailing on a motion to dismiss, Gibbs Law Group attorneys and their co-
counsel prepared the case to the brink of trial, reaching a settlement just ten days before the scheduled trial
start. The settlement allowed class members to obtain steeply discounted dashboard replacements and
reimbursement toward prior replacement costs.
Bacca v. BMW of N. Am ., No. 2:06-cv-6753 (C.D. Cal.) In a class action alleging that BMW
vehicles suffered from defective sub-frames, we negotiated a settlement with BMW in which class members
nationwide received full reimbursement for prior sub-frame repair costs as well as free nationwide
inspections and program.
Antitrust and Unfair Business Practices
In re: Wells Fargo Collateral Protection Insurance Litigation , MDL Case No.: 8:17-ML-2797
(C.D. Cal.). Eric Gibbs and Michael Schrag were appointed to the three-firm Plaintiffs’ Steering Committee
in this multi-district litigation on behalf of consumers who took out car loans from Wells Fargo and were
charged for auto insurance they did not need. The parties announced a proposed settlement of at least
$393.5 million for affected consumers and the Court granted final approval in November 2019.
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In re Currency Conversion Fee Antitrust Litigation , MDL No. 1409 (S.D.N.Y.); Schwartz v.
Visa, et. al., No. 822404-4 (Cal. Super. Ct., Alameda Cty). Mr. Schrag helped initiate and prosecute several
class actions against Visa, MasterCard, and other major U.S. banks, such as Chase and Bank of America, for
failing to disclose their price fixing of currency conversion fees charged to cardholders. After prevailing at
trial in Schwartz v. Visa, et. al., plaintiffs were successful in obtaining a $336 million global settlement for the
class.
In re TFT-LCD (Flat Panel) Antitrust Litigation, MDL 1827 (N.D. Cal.). Gibbs Law Group
attorneys were among the team serving as liaison counsel in this multi-district antitrust litigation against
numerous TFT-LCD (Flat Panel) manufacturers alleging a conspiracy to fix prices, which has achieved
settlements of more than $400 million to date.
In re Natural Gas Antitrust Cases I, II, III and IV, JCCP No. 4221 (Cal. Super. Ct. San Diego
Cty). Gibbs Law Group attorneys served in a leadership capacity in this coordinated antitrust litigation
against numerous natural gas companies for manipulating the California natural gas market, which has
achieved settlements of nearly $160 million.
Beaver v. Tarsadia Hotels , No. 11-cv-1842 (S.D. Cal.); Gibbs Law Group attorneys served as co-
lead counsel representing buyers of San Diego Hard Rock Hotel condominium units in this class action
lawsuit against real estate developers concerning unfair competition claims. The lawsuit settled for $51.15
million.
LLE One, LLC et al. v. Facebook, Inc., No. 4:16-cv-6232 (N.D. Cal.); Gibbs Law Group
attorneys represent small businesses and other advertisers in a class action lawsuit alleging that Facebook
overstated its metrics for the average time spent watching video ads on its platform. The Court granted
final approval to a $40 million class action settlement on June 26, 2020.
Hernandez v. Wells Fargo Bank, N.A., No. 3:18-cv-07354 (N.D. Cal.); Gibbs Law Group
attorneys serve as court-appointed co-lead counsel representing a certified class of more than 1,200 home
mortgage borrowers who lost their homes to foreclosure after Wells Fargo erroneously denied them trial
mortgage modifications. The case settled in two phases for a total of $40.3 million. Class members have
received significant compensation payments of up to $120,000.
Ammari Electronics, et al. v. Pacific Bell Directory , No. RG05198014 (Cal. Super. Ct. Alameda
Cty.). Mr. Schrag obtained a $27 million judgment against an AT&T subsidiary after a jury trial and two
successful appeals in this breach of contract class action on behalf of thousands of California businesses that
advertised in Pacific Bell yellow pages directories. The National Law Journal featured this win in its “Top
100 Verdicts of 2009.”
In re LookSmart Litigation , No. 02-407778 (Cal. Super. Ct. San Francisco Cty). This nationwide
class action suit was brought against LookSmart, Ltd. on behalf of LookSmart’s customers who paid an
advertised “one time payment” to have their web sites listed in LookSmart’s directory, only to be later
charged additional payments to continue service. Plaintiffs’ claims included breach of contract and violation
of California’s consumer protection laws. On October 31, 2003, the Honorable Ronald M. Quidachay
granted final approval of a nationwide class action settlement providing cash and benefits valued at
approximately $20 million.
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Lehman v. Blue Shield of California , No. CGC-03-419349 (Cal. Super. Ct. S.F. Cty.). In this class
action lawsuit alleging that Blue Shield engaged in unlawful, unfair and fraudulent business practices when it
modified the risk tier structure of its individual and family health care plans, Gibbs Law Group attorneys
helped negotiate a $6.5 million settlement on behalf of former and current Blue Shield subscribers residing
in California. The Honorable James L. Warren granted final approval of the settlement in March 2006.
Wixon v. Wyndham Resort Development Corp ., No. 07-cv-02361 (N.D. Cal.). Gibbs Law
Group attorneys served as class and derivative counsel in this litigation brought against a timeshare
developer and the directors of a timeshare corporation for violations of California state law. Plaintiffs
alleged that the defendants violated their fiduciary duties as directors by taking actions for the financial
benefit of the timeshare developer to the detriment of the owners of timeshare interests. On September 14,
2010, Judge White granted approval of a settlement of the plaintiffs’ derivative claims.
Berrien, et al. v. New Raintree Resorts, LLC, et al. , No. 10-cv-03125 (N.D. Cal.). Gibbs Law
Group attorneys filed this class action on behalf of timeshare owners, challenging the imposition of
unauthorized special assessment fees. On November 15, 2011, the parties reached a proposed settlement of
the claims asserted by the plaintiffs on behalf of all class members who were charged the special assessment.
On March 13, 2012, the Court issued its Final Class Action Settlement Approval Order and Judgment,
approving the proposed settlement.
Benedict, et al. v. Diamond Resorts Corporation, et al. , No. 12-cv-00183 (D. Hawaii). In this
class action on behalf of timeshare owners, Gibbs Law Group attorneys represented plaintiffs challenging
the imposition of an unauthorized special assessment fee. On November 6, 2012, the parties reached a
proposed settlement of the claims asserted by the plaintiffs on behalf of all class members who were
charged the special assessment. On June 6, 2013, the Court approved the settlement.
Allen Lund Co., Inc. v. AT&T Corp. , No. 98-cv-1500 (C.D. Cal.). This class action lawsuit was
brought on behalf of small businesses whose long-distance service was switched to Business Discount Plan,
Inc. Gibbs Law Group attorneys served as class counsel and helped negotiate a settlement that provided full
cash refunds and free long-distance telephone service.
Mackouse v. The Good Guys - California, Inc. , No. 2002-049656 (Cal. Super Ct. Alameda Cty).
This nationwide class action lawsuit was brought against The Good Guys and its affiliates alleging violations
of the Song-Beverly Warranty Act and other California consumer statutes. The Plaintiff alleged that The
Good Guys failed to honor its service contracts, which were offered for sale to customers and designed to
protect a customer’s purchase after the manufacturer’s warranty expired. In May 9, 2003, the Honorable
Ronald M. Sabraw granted final approval of a settlement that provides cash refunds or services at the
customer’s election.
Mitchell v. Acosta Sales, LLC , No. 11-cv-01796 (C.D. Cal. 2011). Gibbs Law Group attorneys
and co-counsel served as class counsel representing Acosta employees who alleged that they were required
to work off-the-clock and were not reimbursed for required employment expenses. We helped negotiate a
$9.9 million settlement for merchandiser employees who were not paid for all the hours they worked. The
Court granted final approval of the settlement in September 2013.
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Rubaker v. Spansion, LLC , No. 09-cv-00842 (N.D. Cal. 2009). Gibbs Law Group attorneys and
co-counsel filed a class action lawsuit on behalf of former Spansion employees that alleged that the
company had failed to provide terminated employees from California and Texas with advance notice of the
layoff, as required by the Workers Adjustment and Retraining Notification Act (WARN Act). The
bankruptcy court approved the class action settlement we and co-counsel negotiated in 2010. The settlement
was valued at $8.6 million and resulted in cash payments to the former employees.
Securities and Financial Fraud
Deora v. NantHealth , No. 2:17-cv-1825 (C.D. Cal.) – Gibbs Law Group serves as Co-lead
Counsel for certified classes of investors in litigation alleging violations of federal securities laws related to
the healthcare technology company’s statements in connections with its initial public offering in 2016 and
afterward. In September 2020, the Court granted final approval to a $16.5 million class action settlement.
Roth v. Aon Corp. , No. 04-cv-06835 (N.D. Ill.). This securities fraud class action alleged that Aon
Corporation and its key executives made misstatements and failed to disclose important information to
investors about Aon’s role in and reliance on contingent commission kickbacks and steering arrangements
with insurers. Mr. Schrag helped prosecute this securities fraud class action against Aon Corporation which
resulted in a $30 million settlement for the plaintiff class.
In re Peregrine Financial Group Customer Litigation , No. 12-cv-5546 (N.D. Ill.). Mr. Stein was
among the attorneys serving as co-lead counsel for futures and commodities investors who lost millions of
dollars in the collapse of Peregrine Financial Group, Inc. Through several years of litigation, counsel helped
deliver settlements worth more than $75 million from U.S. Bank, N.A., and JPMorgan Chase Bank, N.A.
In re Chase Bank USA, N.A. " Check Loan" Contract Litigation , No. 09-2032 (N.D. Cal.).
Gibbs Law Group attorneys and counsel from several firms led this nationwide class action lawsuit alleging
deceptive marketing and loan practices by Chase Bank USA, N.A. After a nationwide class was certified,
U.S. District Court Judge Maxine M. Chesney granted final approval of a $100 million settlement on behalf
of Chase cardholders.
Mitchell v. American Fair Credit Association , No. 785811-2 (Cal. Super. Ct. Alameda Cty);
Mitchell v. Bankfirst, N.A. , No. 97-cv-01421 (N.D. Cal.). This class action lawsuit was brought on behalf
of California members of the American Fair Credit Association (AFCA). Plaintiffs alleged that AFCA
operated an illegal credit repair scheme. The Honorable James Richman certified the class and appointed the
firm as class counsel. In February 2003, Judge Ronald Sabraw of the Alameda County Superior Court and
Judge Maxine Chesney of the U.S. District Court for the Northern District of California granted final
approval of settlements valued at over $40 million.
Mass Tort
In re Actos Pioglitazone-Products Liability Litigation , No. 6:11-md-2299 (W.D. La.). Gibbs Law
Group partners represented individuals who were diagnosed with bladder cancer after taking the oral
diabetic drug Actos. The federal litigation resulted in a $2.37 billion settlement.
In re Yasmin and Yaz (Drospirenone) Marketing, Sales, Practices and Products Liability
Litigation , MDL No. 2385, No. 3:09- md-02100 (S.D. Ill.). Gibbs Law Group attorneys represented
women throughout the country who suffered serious side effects after taking Yaz, Yasmin and Ocella birth
control. The federal litigation resulted in settlements worth approximately $1.6 billion.
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In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation , MDL No. 2385, No. 3:12-
md-02385 (S.D. Ill.), Gibbs Law Group attorneys represented patients who suffered irreversible internal
bleeding after taking Pradaxa blood thinners. Lawsuit resolved for settlements of approximately $650
million.
In re: Sulzer Hip Prosthesis And Knew Prosthesis Liability Litigation , MDL No. 1401 (N.D.
Ohio); Cal. JCCP No. 4165 (Cal. Super. Court, Alameda Cty). Mr. Schrag helped recover over $10 million
on behalf of his clients in this multidistrict litigation.
Sexual Assault Litigation
A.B. v. Regents of the University of California No. 2:20-cv-9555 (C.D. Cal.) – Gibbs Law Group
represents former patients of UCLA OB-GYN Dr. James Heaps in a class action lawsuit alleging assault,
abuse and harassment violations, and accusing UCLA of failing to protect patients after first becoming
aware of the doctor’s misconduct. In November 2020, the parties announced a settlement, which will
provide $73 million in compensation to former patients of Dr. Heaps, as well as requiring a series of
business practice reforms by UCLA for better handling of sexual assault investigations and practices going
forward. Settlement approval is pending.
Government Reform
Paeste v. Government of Guam , No. 11-cv-0008 (D. Guam); Gibbs Law Group attorneys and co-
counsel served as Class Counsel in litigation alleging the Government of Guam had a longstanding practice
of delaying tax refunds for years on end, with the Government owing over $200 million in past due refunds.
After certifying a litigation class, Plaintiffs prevailed on both of their claims at the summary judgment stage,
obtaining a permanent injunction that reformed the government’s administration of tax refunds. The
judgment and injunction were upheld on appeal in a published decision by the Ninth Circuit. Paeste v. Gov’t
of Guam, 798 F.3d 1228 (9th Cir. 2015).
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