Defended the nation’s largest supplier of business products and management systems in a putative nationwide class action alleging unlawful delivery and service charges in violation of the consumer protection statutes of 34 states, including California. The plaintiffs sought restitution of $1 billion in ill-gotten profits. While the plaintiffs’ motion for class certification was pending, Willenken’s
May 1, 2017
Represented a nationwide pharmacy chain in a suit by a landowner for breach of contract for failing to open a store in a retail development. The landowner sought damages in the high seven-figures, claiming that the absence of an anchor store at the locale resulted in overall business losses across the entire development. The contract
October 1, 2016
Engaged by a leading alternative energy company to take over its defense less than 30 days before trial. The company was facing allegations of fraud and breach of fiduciary duty leveled by a former co-owner. Discovery had closed, which was a particular challenge, and prior counsel had not conducted any affirmative discovery. They had also
January 31, 2016
Retained by the nation’s largest investor-owned natural gas utilities to complete trial preparations for its defense in a wrongful death case brought by the families of four decedents approximately 45 days before trial. Based on our strategic assessment of the case, it became clear that the singular, dispositive issue in the case involved a crucial
May 22, 2015
In a class action lawsuit alleging violation of the Song-Beverly Credit Card Act, filed a demurrer on behalf of Jinon Corporation which was sustained with prejudice. The trial court’s opinion was later affirmed on appeal before the California Court of Appeal.
January 13, 2015
Defended the nation’s largest gas utility in a five-week major personal injury trial. Paul Loh, Eileen Ahern, and Jason Wilson staved off punitive damages in the case involving a residential gas fire and explosion in which the plaintiff suffered severe second-degree burns throughout his body and allegedly sustained traumatic brain injury. Although an admitted liability
January 1, 2015
Defended KeyBank, N.A. against claims of fraud, breach of contract, and negligence. The firm prevailed on behalf of KeyBank on a demurrer, resulting in all of the claims being dismissed with prejudice.
April 1, 2013
Represented a leading public utilities company in a lawsuit arising out of a leak in a gas pipeline. The firm’s aggressive discovery tactics ultimately drove the plaintiffs to settle for a small fraction of their original demand.
March 15, 2013
Defended against a local municipality’s suit that placed a $2 billion electrical transmission project in grave jeopardy. A fortune 250 investor-owned utility was upgrading 173 miles of its electrical power lines to transmit to Southern California electricity produced by renewable power sources, such as wind, from the central valley of California. The $2 billion project,
December 31, 2012
On behalf of a national retailer, obtained a seven-figure settlement from a gaming conglomerate in a breach of contract dispute. The national retailer retained Willenken to pursue a breach of contract action for an unpaid, seven-figure licensing fee. Willenken devised a two-step summary adjudication strategy aimed at gutting the gaming conglomerate’s case before it reached
September 12, 2012
