Class Action Cases

Examples of Class Action Defense Cases

Flores v. Chevron Corp. (California Superior Court, Los Angeles).  Zelle Hofmann is defending ConocoPhillips in a class action case involving claimed violations of California's Song-Beverly Credit Card Act, arising from the practice of requesting cardholders' zip codes in connection with pay-at-the-pump credit card transactions.

Leeseberg v. Converted Organics Inc. (D. Del.).  Zelle Hofmann is defending a manufacturer of organic fertilizers in a class action lawsuit for breach of contract and other common law claims pending in federal court in Delaware.  Plaintiff alleges that Converted Organics breached a Financing Terms Agreement, and that investors were damaged because they were precluded from selling securities of the company as a result.  Converted Organics successfully defeated plaintiff's motion for class certification.

Motor Fuel Temperature Sales Practices Litigation (MDL No. 1840, D. Kan.).  Zelle Hofmann is defending ConocoPhillips in this consumer class action involving claimed violations of consumer protection statutes and various common law claims under the laws of 25 states.  In this multidistrict litigation pending in federal court in Kansas, plaintiffs allege that it is deceptive to sell motor fuel at retail in uniform volumetric gallons without adjusting for the effect of temperature on the energy content of the fuel.

Chinese Vitamin C Antitrust Litigation (MDL No. 1738, E.D.N.Y.).  Zelle Hofmann represents a major Chinese manufacturer of Vitamin C in this multidistrict litigation pending in federal court in New York.  The case involves antitrust actions filed on behalf of putative classes of direct and indirect purchasers of Vitamin C.  The federal direct purchaser case was filed in the Eastern District of New York.  Indirect purchaser cases have been filed in California and Massachusetts.  All of the complaints allege a price-fixing conspiracy among four Chinese manufacturers.

Alvarez v. Chevron Corp. (C.D. Cal., Ninth Circuit Court of Appeals).  Zelle Hofmann is defending ConocoPhillips in this case involving claimed violations of California's Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law, as well as common law claims.  These claims arise from dispensing practices at retail service stations involving multi-grade, single hose dispensers.
 
Smith v. Kellogg Company (Superior Court of California, Orange County).  Zelle Hofmann defended Kellogg Company in this class action case involving claimed violations of California's Consumers Legal Remedies Act and Unfair Competition Law arising from alleged misleading or deceptive statements in connection with a video game promotion.