Class Actions

Moscone, Emblidge & Quadra has been involved in a wide variety of class actions representing consumers, employees, public entities and the general public victimized by wage and hour violations, price fixing, false advertising and other unfair business practices. The class action lawsuits include:

ADT Security Services Commission Cases, J.C.C.P. 4404 (Kelly v. ADT Security Services, Inc.). MEQ was class counsel along with another firm for a class of about 900 employees who filed suit for an alleged improper policy of recouping commissions previously paid to class members violated the California Labor Code. The case settled in 2006 for $965,000.

California Indirect Purchaser Microsoft I-V Cases, J.C.C.P. 4106; AO/NET v. Microsoft. MEQ represented indirect purchasers of Microsoft software who allege violations of the Cartwright Act and unfair competition laws; class obtained settlement worth over $1 billion for California purchasers; MEQ was class counsel and a member of the plaintiffs' steering committee.

California Methionine II Litigation, J.C.C.P. Nos. 4096 and 4090; Hunt & Behrens v. Degussa-Huls AG, et al. MEQ represented indirect purchasers of animal feed supplements who allege violations of the Cartwright and Unfair Competition Acts; MEQ served on the Executive Committee and is class counsel; class obtained a $3,600,000 settlement.

California Microcrystalline Cases I, II and II, J.C.C.P. Nos. 4173, 4178 and 4181; Vignoles v. FMC Corporation, et al. MEQ was class counsel representing a class of indirect purchasers of synthetic additives to food products who alleged violations of the Cartwright and Unfair Competition Acts. The San Francisco Superior Court granted final approval of the settlement of the action.

California 3M Transparent Tape Cases, J.C.C.P. 4338. MEQ was class counsel representing a class of indirect purchasers of adhesive tape products who alleged violations of the Cartwright and Unfair Competition Acts by manufacturers of adhesive tape products. Matter settled.

California Vitamin Cases, J.C.C.P. 4076; Vignoles v. Lonza A.G, et al. MEQ represents a class of California indirect vitamin purchasers in every level of the chain of distribution alleging violations of Cartwright Act and unfair competition laws by manufacturers of vitamins; class members secured a nationwide settlement of close to $1 billion.

Create-A-Card, Inc., et al. v. Intuit, USDC No. C06452-WHA. MEQ represents a proposed national class of users of the 2006 versions of QuickBooks for Macintosh making claims for restitution and damages associated with data deleted from computer desktops as a result of defective software. The action is in litigation before the United States District Court for the Northern District of California. MEQ is litigating the matter with co-counsel.

Degelmann v. Advanced Medical Optics, Inc., USDC No. C073107 PJH. MEQ represents a putative class of consumers throughout the nation who purchased AMO's Complete Moisture Plus contact lens solution, alleging violations of California's Unfair Competition Law (Cal. Bus. & Prof. Code section 17200 et seq.) and False Advertising Act (Cal. Bus. & Prof. Code section 17500 et seq.). The action is currently in litigation before the United States District Court for the Northern District of California.

Doe vs. Darkside Productions, Inc, SF Superior Court No. 05-439667. MEQ is class counsel for a class of approximately 2000 advertisers that were charged more for web advertising based on gender. The case is proceeding in San Francisco. The Court approved a claims made settlement with a value of approximately $1 million.

Doe v. Gold Club, SF Superior Court No. 04-431683. MEQ is class counsel representing a class of approximately 300 performers who allege that their employer violated provisions of the California Labor and Business & Professions Codes. The San Francisco Superior Court granted final approval of a settlement in the amount of $3,260,000 and the case is currently in the claims process.

Electronical Carbon Product Cases; JCCP 4294. MEQ, along with other firms, was counsel for a class of individuals and entities throughout California that purchased electricalcarbon products allegedly at artificially inflated prices. The matter settled with all defendants in the amount of $1,935.000..

In re Flash Memory Antitrust Litigation, USDC No. C0700086. MEQ is co-counsel for the nationwide class of direct and indirect purchasers in an antitrust action against the manufacturers, sellers and distributors of NAND flash memory products in the United States. (Flash memory is a type of integrated circuit that can be electronically erased and reprogrammed.)

In re International Air Transportation Surcharge Antitrust Litigation, USDC No. C0601793. MEQ was class counsel along with other firms representing a class of purchasers of international air transportation services who alleged antitrust injuries and violations of the Sherman Act by sellers of the international air transportation services. MEQ did not take a lead roll. Matter settled for $203 million.

In Re Municipal Derivatives Antitrust Litigation, MDL No. 1950, Master Docket No. 08-cv-2516 (VM) (GWG): MEQ is serving as co-counsel for the City of Oakland, City of Fresno, County of Alameda, and the Fresno County Financing Authority in a federal antitrust lawsuit alleging that financial companies, insurance companies, and brokers engaged in widespread price-fixing and bid-rigging in the multi-billion dollar municipal derivatives industry dating back to 1992. Plaintiffs allege that as a result of this conspiracy, they were deprived of additional money that they otherwise would have received from their bond investments, and that they could have otherwise spent on projects, like roads, buildings, and mass transit.

In re: TFT LCD (Flat Panel) Antitrust Litigation, MDL No. 1872. MEQ represents a class of indirect purchasers of flat computer screens, alleging anti-trust violations of the Sherman Act and Clayton Act against computer screen manufacturers. The action is currently in litigation before the United States District Court for the Northern District of California.

Jefferson v. Chase Home Finance Group, USDC No. C0606510. MEQ represented a class of borrowers throughout California who made mid-monthly prepayments of principal after Chase represented that it would apply such payments promptly to mortgage accounts. Plaintiff alleged violations of the Consumer Legal Remedies Act, False Advertising Law, Unfair Competition Law, and Conversion. The lawsuit settled, with Chase agreeing to stop making misrepresentations about the application of prepayments to mortgage accounts and to provide monetary relief representing the total amount of loss resulting from its practice.

Old Republic Title Company Cases, J.C.C.P. No. 4111; Wisper v. Old Republic Title Company, et al. MEQ represents a class comprised of customers of escrow services throughout California who were charged reconveyance fees for services not provided and who did not receive interest on escrow funds. The class settled a portion of the case for more than $3 million. The trial regarding the remaining claims resulted in judgment for customers of escrow services throughout California of $14 million; MEQ was a member of the plaintiffs' Executive Committee.

Vienna Hall, et al., v. Cinema 7, Inc., et al, SF Superior Court No. 02-409105. MEQ is class counsel representing a class of approximately 400 current and former performers who allege that their employer violated provisions of the California Labor and Business & Professions Codes. The liability phase of the trial proceeded to trial in 2007. MEQ obtained a judgment in favor of the class regarding liability. The parties have entered into a settlement that is subject to court approval.