Consumer Protection, Products Liability, and Mass Personal Injury Successes

For decades, consumers have trusted the attorneys of Keller Rohrback to protect them from harmful and unfair trade practices. Our team is a leader in representing consumers in class action lawsuits in diverse areas, including vehicles, children’s products, food contamination, drugs, mortgage modifications, identity theft, and data breaches. Keller Rohrback currently represents a wide range of consumers, such as vehicle owners and lessees, parents, environmentalists, shoremen, employees, professors, doctors, and nurses. Through decades of hard work, ingenuity, and creativity, Keller Rohrback has achieved meaningful results nationwide. These results impact not just our clients, but future consumers too; for example, homeowners now benefit from improved loan-modification practices at one of the country’s biggest banks as a result of our advocacy.

Representative Cases & Successes

Jabbari v. Wells Fargo & Co., No. 15-2159
(N.D. Cal.). Keller Rohrback filed a class action lawsuit against Wells Fargo alleging the bank victimized its customers by opening checking, savings and credit card accounts, and lines of credit without customers’ authorization. Keller Rohrback negotiated a $142 million settlement on behalf of consumers, which required Wells Fargo to refund fees charged to unauthorized accounts, compensate consumers for increased borrowing costs due to credit damage, and provide other substantial compensation.

In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation
(N.D. Cal.). Keller Rohrback filed the first multi-Plaintiff complaint against Volkswagen on September 20, 2015, two days after the defeat device scheme came to light. Keller Rohrback represented consumers nationwide who alleged they were damaged by Volkswagen’s fraudulent use of an emissions “defeat device” in over 500,000 vehicles in the United States. Keller Rohrback Managing Partner Lynn Sarko served on the Plaintiffs’ Steering Committee for this national litigation. Additionally, Lynn Sarko and Gretchen Freeman Cappio served on the negotiating team for the $15 billion class action settlement for 2.0-liter vehicles, the largest auto-related consumer class action in U.S history. Keller Rohrback attorneys also played a similar role in reaching and implementing similar settlements with Volkswagen and Bosch regarding approximately 100,000 3-liter vehicles.

In re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and Products Liability Litigation
(N.D. Cal.). From the outset, Keller Rohrback played a major role in this multidistrict litigation, representing consumers nationwide who alleged that Fiat Chrysler used an emissions defeat device in over 100,000 Ram 1500 and Jeep Grand Cherokee diesel trucks and SUVs. Keller Rohrback Managing Partner Lynn Sarko was appointed by the Court to the Plaintiffs’ Steering Committee leading this case, and Keller Rohrback attorneys took an active role in discovery and served on the negotiating team that achieved and implemented a settlement worth over $307 million. The settlement, involving both Fiat Chrysler and supplier Bosch, provided owners and lessees of the affected vehicles with substantial cash payments in addition to government-approved emissions repairs and valuable extended warranty protection.

In re JPMorgan Chase Mortgage Modification Litigation
(D. Mass.). Keller Rohrback served as co-lead counsel in this multi-district litigation (“MDL”), representing homeowners who attempted to obtain mortgage loan modifications from JPMorgan Chase and related entities. Plaintiffs alleged breach of contract and violations of consumer protection laws when defendants failed to timely evaluate or approve mortgage modification applications of homeowners who had completed identified prerequisites. We achieved a settlement for the class valued at over $500 million.

In re Mattel, Inc., Toy Lead Paint Products Liability Litigation
(C.D. Cal.). Keller Rohrback served as Chair of the Executive Committee in this nationwide MDL against Mattel and Fisher-Price on behalf of purchasers of toys recalled because they were manufactured using lead paint and/or dangerous magnets. On behalf of plaintiffs, we achieved a settlement valued at approximately $50 million.

Davis v. ExamSoft Worldwide, Inc.
(E.D. Wash.). Keller Rohrback filed multiple putative class actions against ExamSoft Worldwide, Inc. arising out of use of ExamSoft’s “SofTest” program in the summer 2014 bar exam. Plaintiffs alleged that software failures by ExamSoft prevented class members from uploading and submitting their bar exam responses, thereby failing to provide the services class members had purchased through use of the software. Keller Rohrback and co-lead counsel negotiated a substantial refund-based settlement.

Carlin v. DairyAmerica Inc.
(E.D. Cal.) In 2009, Plaintiffs brought suit alleging claims under federal and California state law. The class action complaint alleged that Defendants, DairyAmerica, Inc. and California Dairies, Inc., negligently and incorrectly reported dairy product prices to the National Agricultural Statistic Service, a division of the United States Department of Agriculture. As a result of this misreporting, prices for various grades of milk products were set lower than they should have been, inflating DairyAmerica’s profits and depriving dairy farmers of tens of millions of dollars in income. On May 9, 2019, U.S. District Court Judge Anthony W. Ishii granted final approval to a $40 million settlement.

In re Arizona Theranos, Inc. Litig., No. 16-2138
(D. Ariz.). In 2014, Theranos began pitching a revolutionary technology that it said could perform hundreds of health tests with a single pinprick of blood—and with fast, automated, and inexpensive results. Theranos teamed up with Walgreens to market the product and offer it in Walgreens stores. However, the vaunted technology did not work. Thousands of test results were invalidated or called into question. Theranos founder Elizabeth Holmes and COO Sunny Balwani have since been criminally convicted. The fraud received widespread media attention, including a popular book and documentary. The class here consists of an estimated 175,000 consumers in Arizona and California who were subject to the unreliable testing technology.
After nearly seven years of litigation, Keller Rohrback and co-lead counsel secured a $44 million settlement with defendants in this matter to resolve class claims arising from the Theranos blood testing scandal. The preliminary approval order, signed by U.S. District Judge David G. Campbell on October 10, 2023, establishes a nonreversionary $44 million common fund to provide consumers approximately double their out-of-pocket damages, and an additional $1,000 (approximate) for members of the subclass who participated in Walgreens tiny blood draws.

MultiCare Health System, Inc., No.18-2-08055-5
(Pierce Cnty. Wash. Super. Ct.). Keller Rohrback and co-counsel represent individuals in Washington against MultiCare Good Samaritan Hospital (“MultiCare”) in a lawsuit that alleges MultiCare negligently hired and inadequately supervised an emergency department nurse. The trial court certified two classes: the Weberg Treatment Class; and the General Treatment Class. MultiCare subsequently filed a Motion for Summary Judgment seeking the dismissal of all claims of the General Treatment Class, which the trial court granted. The trial court then denied Plaintiffs’ Motion for Reconsideration. Plaintiffs appealed the trial court’s decision, however the Washington Court of Appeals affirmed the dismissal. Plaintiffs petitioned the Washington Supreme Court to review the Court of Appeals’ decision. On April 5, 2023, the Washington Supreme Court granted Plaintiffs’ petition. The parties filed additional briefs in the Washington Supreme Court, which heard oral argument in the appeal and has taken the appeal under consideration and will issue a decision in due course.


In re Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation (W.D. Mo.) 
Keller Rohrback served on the Plaintiffs’ Steering Committee in this MDL on behalf of purchasers of plastic baby bottles and “sippy” cups which contained the chemical bisphenol-A (BPA). The action was favorably settled.

Brotherson v. Professional Basketball Club, L.L.C.
(W.D. Wash.). Keller Rohrback represented Seattle Sonics season ticket holders who renewed their season ticket packages for the 2007–2008 Sonics season before the team was relocated to Oklahoma City. After plaintiffs prevailed on summary judgment, the parties negotiated a significant settlement that returned substantial sums to the class.

Telephone Consumer Protection Act Cases
(King Cnty. Super. Ct., Wash.). Keller Rohrback prosecuted numerous class actions concerning the sending of unsolicited facsimiles in violation of the Washington Telephone Consumer Protection Act, resulting in the issuance of eleven permanent injunctions and the recovery of over $56 million on behalf of injured plaintiffs.

Herfert v. Crayola, LLC
(W.D. Wash.). Keller Rohrback represented consumers in pursuing false labeling and advertising claims against Crayola for its Washable Colored Bubbles. The action was favorably settled on behalf of the class. As part of the settlement, Crayola agreed to reimburse consumers or provide vouchers to purchasers and recipients of the 2011 Washable Colored Bubbles product. Crayola has now implemented significant product changes.

Ormond v. Anthem, Inc.
(S.D. Ind.). Anthem Insurance converted from a mutual company to a stock company on November 2, 2001. More than 700,000 former members of the mutual company sued Anthem, alleging that the cash compensation they received as a result of the demutualization was inadequate. After class certification and shortly before the start of trial, Keller Rohrback and co-counsel settled the action for $90 million.

Corona v. Sony Pictures Entertainment, Inc.
(C.D. Cal.). Keller Rohrback was appointed Class Counsel in this case against Sony Pictures Entertainment, Inc. on behalf of former and current Sony employees affected by the company’s highly publicized data breach. Plaintiffs alleged that Sony failed to secure and protect its computer systems, servers, and databases, resulting in the release of the named plaintiffs and other class members’ personal information. We obtained a significant settlement for the class in October 2015, which was approved by Judge Klausner in April 2016.

Iacovelli v., LLC
(Maricopa Cnty. Super. Ct., Ariz.). Keller Rohrback filed a class action in Arizona state court on behalf of individuals who paid for but did not receive tickets to the 2014 Super Bowl (Super Bowl XLIX) from the ticket broker SBTickets. Despite purchasing tickets and receiving numerous representations that their tickets were guaranteed, SBTickets customers were told just days before the game, and in some instances, just hours before kickoff, that their ticket orders would not be fulfilled. The case was settled on favorable terms for the class notwithstanding the defendant’s insolvency and bankruptcy proceedings.

Keithly v. Intelius, Inc.
(W.D. Wash). On October 19, 2009, Keller Rohrback filed a Class Action Complaint for Violations of the Washington Consumer Protection Act and for Declaratory Relief on behalf of Plaintiffs and a proposed class. The allegations included the violation of the Consumer Protection Act when individuals signed up for services with Intelius, they were unknowingly enrolling in a subscription-based service. The details of those subscription services were not made known to the individuals, however they were billed a significant monthly fee. The Plaintiffs brought claims against the Defendant based on the practice of collecting monies from consumers through the deceptive practice involving the promotion and delivery of unordered subscriptions in direct violation of the Washington State Consumer Protection Act. Settlements totaling $14.5 million were achieved in this case.

Fox v. Iowa Health Sys., No. 18-327
(W.D. Wis.). Plaintiffs filed this complaint against Iowa Health System (UnityPoint Health) on behalf of individuals in Wisconsin, Iowa, and Illinois whose protected health information was compromised as a result of data breaches that occurred on at least two separate occasions between November 2017 and March 2018. On July 25, 2019, the Court granted in part and denied in part Defendant’s motion to dismiss. The parties have since reached a settlement, providing for credit monitoring and insurance services, reimbursement for out-of-pocket costs, and payment for time incurred as a result of the data breaches. The Court granted final approval of the settlement on March 4, 2021.

Telephone Consumer Protection Act (TCPA) Cases
(Wash. Super. Ct., King Cnty.). Keller Rohrback prosecuted numerous class actions concerning the sending of unsolicited facsimiles in violation of the Telephone Consumer Protection Act and the Washington Consumer Protection Act, resulting in the issuance of eleven permanent injunctions and the recovery of over $56 million on behalf of injured Plaintiffs.

In re Apple Inc. Device Performance Litig., MDL No. 2827
(N.D. Cal.). Keller Rohrback served as Co-Chair of the Executive Committee for Offensive Discovery and also as the ESI Coordinator in this consolidated action concerning IOS software installed on certain Apple iPhone devices. The Plaintiffs asserted claims that this software diminished the performance of those devices. Numerous cases were consolidated before Judge Edward J. Davila in the Northern District of California in April 2018. After several years of vigorous litigation, the parties reached a settlement of up to $500 million in February 2020. The Court held a final approval hearing on December 4, 2020 and approved the settlement on March 3, 2023. Although the settlement was subsequently appealed, all appeals were dismissed as of September 2023.

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