Robyn E. Bladow

Consumer and Other Class Actions

• In Re: Oral Phenylephrine Marketing and Sales Practices Litigation, MDL 3089: Representing Haleon US Holdings LLC in industry-wide multi-district litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds.
• Arroyo et al. v. Pfizer Inc. (N.D. Cal.): Represented Pfizer in its defense against this putative class action alleging that Pfizer made false claims about the health benefits of its Centrum ProNutrients Probiotic product. Successfully moved to dismiss complaint in its entirety for failure to state a claim.
• Lloyd et al. v. The Ergobaby Carrier, Inc. (Los Angeles Superior Court): Represented juvenile products maker in consumer class action claiming false advertising of baby carrier products. Successfully moved to strike all class allegations from the pleadings.
• Dean, et al. v. Colgate-Palmolive Co. (C.D. Cal.); Willis, et al. v. Colgate-Palmolive Co. (C.D. Cal.); Canale et al. v. Colgate Palmolive Co. (S.D.N.Y.): Represented Colgate-Palmolive Company in putative class actions alleging deceptive advertising of Colgate’s Optic White Toothpaste. Successfully defeated motion for class certification in Dean, argued and defeated Ninth Circuit appeal, secured stipulated decertification and dismissal in Willis and dismissal of Canale.
• Painter, et al. v. Woodstream (N.D.Ohio); Maroney, et al. v. Woodstream (S.D.N.Y.): Won exclusion of merits expert and summary judgment in putative nationwide class action alleging false advertising of rodent repeller; Maroney litigation ongoing.
• Moody, et al. v. Hot Topic, Inc. (C.D. Cal.): Won motion to dismiss all claims in putative consumer class action alleging retailer Hot Topic falsely represents discount pricing.
• Potts, et al. v. SYFS Intermediate Holdings, LLC (Del. Chancery): Won complete dismissal of putative shareholder class action alleging breach of contract, good faith and fair dealing, and civil conspiracy claims.
• Imburgia v. DIRECTV (Los Angeles Superior Court, California Court of Appeal, United States Supreme Court): Represent DIRECTV in its defense of consumer class action challenging early cancellation fees. Won appeal to Supreme Court, resulting in order compelling individual arbitration of plaintiffs’ claims. Argued and won second appeal to Court of Appeal.
• Melgar et al. v. Zicam LLC and Matrixx Initiatives, Inc. (E.D. Cal.); Gulkis et al. v. Zicam LLC et al. (S.D.N.Y.): Represented Zicam and Matrixx in class actions challenging efficacy of Zicam cold remedy products. Secured dismissal of Gulkis case and negotiated nationwide settlement and release in Melgar case.
• Levy et al. v. Pfizer Inc. (E.D. Mo., Eighth Circuit Court of Appeals): Represented Pfizer in its defense against this putative Missouri statewide class action alleging that the expiration dates on Advil labels are misleading. Won appeal to Eighth Circuit pursuant to Class Action Fairness Act of district court’s remand order. Successfully moved to strike all class allegations from complaint.
• Zaman et al. v. Liquibox Corporation (California Superior Court, Sacramento): Negotiated favorable class settlement of this wage and hour class action.
• Eike, et al. v. Allergan, et al. (Seventh Circuit Court of Appeals; N.D. Ill.); Gustavsen, et al. v. Alcon, et al. (First Circuit Court of Appeals; D. Mass.): Represented Pfizer in its defense against these putative multi-state class actions alleging that the eye drop dispenser for Pfizer’s prescription Xalatan product emits drops that are too large and create waste. Won motions to dismiss and appeals on Article III standing grounds and on preemption grounds.
• In re DIRECTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D. Cal.): Represented DIRECTV in its defense against multi-district litigation challenging early cancellation fees. Successfully moved to compel individual arbitration with named plaintiffs and won appeal to Ninth Circuit, resulting in dismissal of class actions. Successfully moved to decertify and strike Arkansas class in action removed and transferred from Arkansas state court.
• Murphy and Masters v. DIRECTV, Inc. et al. (C.D. Cal., Ninth Circuit Court of Appeals; JAMS): Represented DIRECTV in its defense against this putative nationwide class action alleging false advertising and violation of Consumers Legal Remedies Act related to the lease of DIRECTV receiving equipment. Successfully moved to compel individual arbitration with named plaintiffs, defeated appeal to the Ninth Circuit of arbitration decision, and won dismissal of arbitration.
• Gianino et al. v. Alacer Corp. (C.D. Cal.): Represented Alacer Corp. in its defense against this putative class action alleging false claims about the health effects of Emergen-C products. After class certification was denied, negotiated and obtained approval of favorable nationwide settlement and release.
• Bess v. DIRECTV, Inc. (St. Clair County, Illinois Circuit Court; Illinois Appellate Court; AAA Arbitration): Represented DIRECTV in this putative nationwide class action in which plaintiff alleged unfair business practices related to late fee charges. Illinois Appellate Court reversed itself after Kirkland’s petition for rehearing and enforced plaintiff’s arbitration agreement. Kirkland’s petition for rehearing and enforced the plaintiff’s agreement to arbitrate. Kirkland then convinced the Arbitrator to dismiss all class claims, which sought more than $300 million in damages.
• Lee et. al. v. Goldline International LLC (C.D. Cal.; JAMS arbitration): Represented Goldline in its defense against this putative nationwide class action alleging false advertising and unfair business practices related to transactions for precious metal products. Successfully moved to compel arbitration, requiring the plaintiff to pursue her individual claim in arbitration, rather than in court on behalf of a proposed class.
• Lupian et al. v. Goldline International LLC (C.D. Cal.): Represented Goldline in its defense against this putative nationwide class action alleging RICO violations and unfair business practices. Secured full dismissal of complaint.
• Cappuccitti v. DIRECTV, Inc. (N.D. Ga.; Eleventh Circuit Court of Appeals): Represented DIRECTV in this putative class action challenging early cancellation fees. After the district court denied DIRECTV’s motion to compel arbitration, secured reversal of that decision by the Eleventh Circuit.

Business Torts and Contract Disputes

• Comcast Cable Communications v. DIRECTV, Inc. (N.D. Ill.) Represented DIRECTV in its defense against Comcast’s challenge to DIRECTV’s NFL Sunday Ticket advertising campaign. Defeated Comcast’s attempt to secure a temporary restraining order prohibiting advertising claims during critical pre-NFL-season time period. Comcast dismissed litigation.
• Jones v. Mutual Credit Corporation (Orange County, Cal. Superior Court): Represented MCC in this multi-hundred million dollar matter, in which client claimed theft of trade secrets and breach of contract, and defended against fraud and other tort claims. Won TRO and preliminary injunction against plaintiffs.
• Bendetti et al. v. Kinderhook Industries et al. (Los Angeles County, Cal. Superior Court): Represented private equity firm Kinderhook against plaintiff’s attempt to prevent purchase of the Mastro’s chain of restaurants, resulting in the successful purchase of the restaurants and dismissal of the action.
• Darlene Investments v. The DIRECTV Group (S.D.N.Y., JAMS Arbitration): Obtained dismissal of Darlene’s billion dollar fraud claim against DIRECTV related to the restructuring of businesses in South America and Mexico. Also represented DIRECTV in related JAMS arbitration involving various contract and fraud claims, resulting in DIRECTV’s eventual buy-out of Darlene Investments under favorable terms.
• Mahler and Lex Corp. v. Fanfare Media Works, Inc. and Aquarius Promotional Enterprises, Inc. (AAA arbitration): Represented buyer against seller in post-acquisition arbitration. Won fraud claim against seller for misrepresentations about value of company, and defeated counterclaim for wrongful discharge of executive. Examined primary client witnesses.
• McCormack et al. v. PG&E Dispersed Power Corporation (S.D. Cal.): Represented Dispersed Power in this contract dispute and indemnification action. Won dismissal of most of the plaintiff’s claims, and a favorable settlement of the remaining few.
• Reliable Waste, Inc. v. Peak Power Generating Co. (San Diego County, Cal. Superior Court): Represented Peak Power in this multi-million dollar environmental action, resulting in client’s dismissal from the case.
• In Re Loral Space & Communications Ltd. (Bankr. S.D.N.Y.): Prepared successful brief on behalf of DIRECTV in support of Debtor’s Motion to Assume Contract for manufacture of satellite in spite of competitor EchoStar’s attempt to bid for satellite in bankruptcy proceeding.
• Allflex USA v. Avid Identification Systems, Inc. (Riverside County, Cal. Superior Court): Represented manufacturer of radio frequency identification devices used in domestic animals and livestock in contract dispute against competitor.
• National Rural Telecommunications Cooperative v. DIRECTV, Inc. (C.D. Cal.): Represented DIRECTV in its defense against this action seeking to enjoin DIRECTV from terminating certain distribution rights, resulting in a favorable settlement for DIRECTV under which the distribution relationship ended.
• Pegasus Satellite Communications v. DIRECTV, Inc.; North Central Telephone Cooperative et al. v. DIRECTV, Inc. (C.D. Cal.): Defended DIRECTV against multiple complex contract and business tort claims by Pegasus and a certified class, resulting in the dismissal of most claims and a favorable settlement of the remaining few, and the successful defense against Pegasus’ appellate challenge to the lower court's rulings.
• DIRECTV, Inc. v. Paydos (C.D. Cal.), DIRECTV, Inc. v. Graves et al. (C.D. Cal.): Represented DIRECTV in multiple actions against manufacturers of illegal access cards that “pirated” DIRECTV’s satellite signals.
• Republic of the Marshall Islands v. American Tobacco et al. (High Court, Republic of the Marshall Islands): Represented Brown & Williamson Tobacco Co. in this product liability action by the Marshall Islands government, resulting in a complete dismissal that was upheld on appeal.

Sanders v. Correctional Officer De Los Santos et al. (C.D. Cal.): Led team in this pro bono federal civil rights case that culminated in a two-week jury trial resulting in judgments against eight correctional officers for violating the Eighth Amendment cruel and unusual punishment clause when they were deliberately indifferent to our client’s basic human rights.

Immigration Equality cases: Supervised various successful applications and arguments for asylum by individuals who were persecuted in their home countries on account of their sexual orientation.

Ivan Nemecio Salmeron Mendoza v. Geremias Brito Miranda (C.D. Cal.; 9th Cir.): Supervised bench trial, and successful appeal to the 9th Circuit, which determined that the trial court erred when it concluded that a child is not “settled” for the purposes of Article 12 of the Hague Convention for the reason that she does not have lawful immigration status.

Long Beach Council of Parents and Teachers, Inc. v. City of Long Beach: Supervised briefing and administrative and appellate hearings related to CEQA claims.