Class Action Litigation

Maher v. Microsoft Corporation, Case No. 17-cv-00753 (N.D. Ill. March 29, 2018). Counsel for Microsoft in a putative class action alleging violation of consumer protection laws in connection with Microsoft’s Xbox Live video gaming service. Succeeded a motion to compel arbitration, requiring the plaintiff to arbitrate his individual claims under the Master Services Agreement.

Sabo v. WellPet, LLC, Case No. 1:16-cv-08550 (N.D. Ill. April 21, 2017). Counsel to a gourmet pet food manufacturer in defense of consumer fraud claims alleging ingredients were not “made in the USA.” Putative class action dismissed with prejudice for failure to allege compensable damages.

DeMariav. Nissan North America, Inc., 2016 WL 374145 (N.D. Ill. Feb. 1, 2016). Counsel to Nissan North America in putative nationwide class action alleging concealment of design defects in Altima and Maxima vehicles. Case dismissed with prejudice on jurisdictional grounds and for failure to state a claim.

Phoenix International Company, et al v. Infinity Contact, Inc., Case No 5:13-cv-05905 (N.D. Cal.). Represented call center vendor against TCPA class action claims and related coverage dispute. Coverage over several policies, over several years, was at issue.

Daniels, et al. v. Credit Bureau Enterprises, Inc., Case No. LACV115468 (Iowa District Court for Black Hawk County, 2013). Successfully resisted the certification of a class action in an employment discrimination case.

Koresko v. RealNetworks, Inc., 291 F. Supp. 2d 1157 (E.D. Cal. 2003). Lead counsel for RealNetworks in defense of consumer class actions relating to the RealOne online subscription service. Obtained dismissal of the case pursuant to end-user license agreement forum selection clause.

In re RealNetworks, Inc. Privacy Litigation, 2000 WL 631341 (N.D. Ill. 2000). National coordinating counsel for streaming media pioneer RealNetworks in multidistrict privacy class-action litigation relating to RealPlayer and RealJukebox software.