Andrew B. Bloomer, P.C.

Representative Class Action Matters

• Frank Richmond, et al. v. Home Partners Holdings LLC, et al., 2024 WL 3276576 (W.D. Wash. July 2, 2024); 2024 WL 3460901 (W.D. Wash. July 18, 2024); Order on Motion for Class Certification and Motion to Exclude (W.D. Wash. Aug. 13, 2024). Represent Home Partners Holdings LLC, Pathlight Property Management, and related defendants in putative state-wide class action alleging violations of Washington’s Residential Landlord-Tenant Act and common law; defendants’ partial motion to dismiss granted; defendants’ motion for summary judgment granted in part, dismissing most of plaintiffs’ remaining claims; plaintiffs’ motion for class certification denied without prejudice.
• Barry Sewall, et al. v. Home Partners Holdings LLC, et al., No. 27-cv-22-10389 (Minn. Fourth Jud. Dist. Crt., Hennepin Cty.). Represent Home Partners Holdings LLC, Pathlight Property Management, and related defendant in state-wide class action alleging violations of Minnesota’s Covenants of Landlord Act, consumer fraud statutes, and common law. Motions for class decertification, summary judgment, and to exclude plaintiffs’ experts pending.
• George Powell, et al. v. Shiseido Americas Corp, et al., No. 2:21-cv-02295 (C.D. Ill. 2021). Represent Shiseido Americas Corporation in putative state-wide class action alleging violations of Illinois Biometric Information Privacy Act.
• Christine McGoveran, et al. v. Pindrop Security, Inc., et al., 2023 WL 2683553 (D. Del. March 29, 2023); 488 F.Supp.3d 714 (S.D. Ill. 2020). Represent Pindrop Security in putative state-wide class action alleging violations of Illinois Biometric Information Privacy Act; motion to dismiss Illinois federal court action on jurisdictional grounds granted for Pindrop; plaintiffs subsequently filed same action in Delaware District Court, which granted Pindrop’s motion to dismiss plaintiffs’ claims on the merits.
• Jeremy Albright v. Polaris Industries Inc., et al., No. 30-2022-01292667 (Cal. Super. Crt., Orange Cty.). Represent Polaris in putative state-wide class action alleging violations of California’s Unfair Competition Law.
• Springfield v. General Motors Fin. Co., Inc., No. 2:21-cv-09180-SB-MAA (C.D. Cal. Jan. 14, 2022). Obtained voluntarily dismissal, following filing of motion to dismiss, of putative nationwide and California state class action alleging that client’s vehicle protection coverage practices violated state consumer protection laws.
• Paul Guzman, et al. v. Polaris Industries Inc., et al., 2021 WL 2021454 (C.D. Cal. May 12, 2021), appeal pending, No. 21-55520 (9th Cir.). Represent Polaris in putative state-wide class action alleging violations of California consumer protection statutes. Summary judgment for Polaris.
• In re Polaris Marketing, Sales Practices and Products Liability Litigation, 364 F.Supp.3d 976 (D. Minn. 2019); 2020 WL 919259 (D. Minn. Feb. 26, 2020), appeal pending, No. 20-2518 (8th Cir.). Represent Polaris in consolidated putative nationwide and multi-state class actions alleging thermal defects in Polaris off-road recreational vehicles; motions to dismiss for Polaris granted in large part; plaintiffs voluntarily dismissed remaining claims.
• Riley Johannessohn, et al. v. Polaris Industries Inc., 450 F.Supp.3d 931 (D. Minn. 2020), appeal pending, No. 20-2347 (8th Cir.). Represent Polaris in putative nationwide and multi-state class actions alleging thermal defects in Polaris all-terrain vehicles; class certification denied.
• MDL 2543: In re General Motors LLC Ignition Switch Litigation, 407 F.Supp.3d 212 (S.D.N.Y. 2019); 427 F.Supp.3d 374 (S.D.N.Y. 2019); 2020 WL 7480323 (S.D.N.Y Dec. 18, 2020). Represent GM in federal multidistrict litigation, including nationwide and multi-state class actions, arising from GM’s voluntary recall of vehicles in 2014; summary judgment for New GM against bellwether class plaintiffs’ economic loss benefit-of-the-bargain damages claims; plaintiffs’ motion for reconsideration denied; class settlement approved.
  
• International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) v. Visteon Corp., et al., 2015 WL 4126742 (D. Del. July 9, 2015). Represented Visteon in putative class action filed in Eastern District of Michigan; obtained transfer of case to District of Delaware where court granted judgment on the pleadings for Visteon.
  
• Duchene v. OnStar, LLC, 2016 WL 3997031 (E.D. Mich. July 26, 2016). Represented OnStar in putative nationwide class action alleging violations of the Telephone Consumer Protection Act; case settled on individual basis.
  
• City of Neodesha, Kansas, et al. v. BP Corp. North America Inc., et al., 295 Kan. 298, 287 P.3d 214 (Kan. 2012); 50 Kan.App.2d 731 (Kan. Ct. App. 2014). Represented BP parties on appeal from an adverse strict liability class judgment in environmental remediation and cleanup case; Kansas Supreme Court reversed liability judgment and directed entry of judgment for BP. On remand, Kansas Court of Appeals affirmed trial court’s denial of plaintiffs’ motion for a new trial.
• MDL 2179: In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, 295 F.R.D. 112 (E.D. La. 2013); 910 F.Supp.2d 891 (E.D. La. 2012). Class counsel for BP in federal multidistrict litigation.
• Flanagan v. Allstate Insurance Co., 581 F.Supp.2d 920 (N.D. Ill. 2008) (Summary judgment opinion against Rule 23(b)(3) class); see also Rule 23(b)(2) class decision reported at 400 F.3d 505 (7th Cir. 2005). Represented insurance company in putative class action alleging ERISA and constructive discharge claims; additional trial court opinions reported at 223 F.R.D. 489 (N.D. Ill. 2004); 225 F.R.D. 569 (N.D. Ill. 2004); 228 F.R.D. 617 (N.D. Ill. 2005); 2006 WL 1444919 (N.D. Ill. Jan. 11, 2006); 242 F.R.D. 421 (N.D. Ill. 2007); 242 F.R.D. 434 (N.D. 2007); 2007 WL 1381524 (N.D. Ill. May 3, 2007); 2007 WL 2317178 (N.D. Ill. July 20, 2007); 2007 WL 2410076 (N.D. Ill. Aug. 17, 2007); 2007 WL 3085903 (N.D. Ill. Oct. 18, 2007); 2008 WL 4344952 (N.D. Ill. March 19, 2008); 580 F.Supp.2d 663 (N.D. Ill. 2008); 2008 WL 4561543 (N.D. Ill. May 21, 2008).
  
• Autry Petroleum Co., Inc. v. BP Products N. Am. Inc., 2008 WL 360628 (M.D. Ga. Feb. 8, 2008), motion for reconsideration denied, 2008 WL 693800 (M.D. Ga. Mar. 12, 2008), aff’d, 334 Fed. Appx. 982 (11th Cir. June 26, 2009); 2010 WL 3239010 (M.D. Ga. Aug. 16, 2010). Represented BP in putative nationwide class action brought by jobbers alleging violations of the UCC and breach of contract over gasoline prices; summary judgment for BP; court of appeals affirmed for BP.
• J&J Oil Co., Inc. v. BP Products N. Am. Inc., No. 03-01392 (N.D. Ala.) and No. 04-CH-1587 (Ill.). Represented BP in putative nationwide class action brought in federal and then state court by jobbers alleging violations of the UCC and breach of contract over gasoline prices; motion to dismiss for BP granted.
• IUE-CWA v. General Motors Corp., 238 F.R.D. 583 (E.D. Mich. 2006). Represented GM in nationwide class action case involving retiree health care benefits; class settlement resulted in restructuring of union retiree health care benefits.
• UAW v. General Motors Corp., 2005 WL 5416766 (E.D. Mich. Dec. 22, 2005), settled approved by, 235 F.R.D. 383 (E.D. Mich. 2006), aff’d, 497 F.3d 615 (6th Cir. 2007). Represented GM in nationwide class action case involving retiree health care benefits; class settlement resulted in restructuring of union retiree health care benefits; additional trial court opinions reported at 2005 WL 5418989 (E.D. Mich. Dec. 22, 2005); 2006 WL 334283 (E.D. Mich. Feb. 13, 2006); 2006 WL 416192 (E.D. Mich. Feb. 22, 2006); 2006 WL 891151 (E.D. Mich. March 31, 2006); 2008 WL 2968408 (E.D. Mich. July 31, 2008).
• MDL 1510: In re Daewoo Motor Co., Ltd. Dealerships Litigation and Daewoo Motor America, Inc. v. General Motors Corp., 315 B.R. 148 (M.D. Fla. 2004), aff’d, 459 F.3d 1249 (11th Cir. 2006), cert. denied, 549 U.S. 1362 (2007). Represented GM in multidistrict class litigation arising out of the sale of Korean automobile manufacturer’s assets; class certification denied; motions to dismiss for GM granted; court of appeals affirmed for GM.
• Richard Waterfill, et al. v. General Motors Corp., et al. (D. Mass.). Represented GM in putative nationwide class action in federal court, alleging claims for fraud, RICO conspiracy, and violation of state consumer fraud laws. Briefed and won dismissal with prejudice; plaintiffs did not appeal.
• Jespersen d/b/a/ Trim-Line Of Chicago, Inc., et al. v. The Minnesota, Mining and Manufacturing Company (“3M”), 681 N.E.2d 67, 288 Ill. App. 3d 889 (1st Dist. Ill. 1997), aff’d, 183 Ill. 2d 290, 700 N.E.2d 1014 (Ill. 1998). Represented 3M in putative class action brought by terminated distributors; won case on motion to dismiss; Illinois Appellate Court and Supreme Court affirmed.
• Cox v. Amoco Oil Company (Ill.). Represented Amoco in putative nationwide class action of credit card customers; class certification denied; summary judgment entered for Amoco; plaintiff’s appeal dismissed.
• Tishel v. Amoco Oil Co., et al. (Ill.). Represented Amoco in putative class action alleging that Amoco’s gasoline prices violated Illinois consumer fraud statutes; briefed and won dismissal in 2000; plaintiff did not appeal.
• MDL 1098: In re Masonite Corp. Hardboard Siding Products Liability Litigation. Represented Masonite in nationwide products liability class action alleging claims for negligence, breach of express and implied warranty, strict liability, and fraud; class certification denied. 170 F.R.D. 417 (E.D. La. 1997).
• Naef, et al. v. Masonite Corp. Represented Masonite in nationwide products liability class action in Alabama; class certification granted and issue of strict liability tried to Alabama jury, resulting in split verdict by state; case settled. See 681 So.2d 1068 (1996).

Other Representative Matters

• In re: Motors Liquidation Co., et al., Benjamin Pillars v. General Motors LLC, 957 F.3d 357 (2d Cir. 2020). Represent GM in appeal of judgment holding that plaintiffs’ personal injury claims were not assumed by GM in connection with Old GM bankruptcy sale; court of appeals affirmed for GM. 
• In re Visteon Corp., 579 Fed. Appx. 121 (3d Cir. 2014); 612 F.3d 210 (3d Cir. 2010). Represented Visteon in Chapter 11 litigation and appeals relating to retiree health care benefits. Court of Appeals affirmed district court’s rulings that Visteon had the right to end provision of benefits.
• Dedon GmbH v. Janus et Cie, 2010 WL 4227309 (S.D.N.Y. Oct. 19, 2010), aff’d, 411 Fed.Appx. 361 (2d Cir. Jan. 6, 2011). Represented DEDON in federal case involving termination of U.S. distributorship; court ruled for DEDON on defendant’s motion to compel international arbitration; court of appeals affirmed for DEDON; case settled.
• Metavante Corp. v. Emigrant Savings Bank, 2009 WL 2058449 (E.D. Wis. July 14, 2009) and 2009 WL 4556121 (E.D. Wis. Nov. 27, 2009), aff’d, 619 F.3d 748 (7th Cir. 2010), cert. denied, 131 S. Ct. 1784 (2011). Trial and appellate counsel for Metavante Corporation in breach of contract and fraud case; trial court ruled for Metavante; court of appeals affirmed for Metavante.
• Guillermo Alvarez, et al. v. BP Products North America Inc., No. 05-19587 CA 02 (11th Jud. Cir. Miami-Dade County, Fla.). Represented BP in wrongful death case alleging negligence and agency claims; case settled.
• DAG Petroleum Suppliers, L.L.C. v. BP p.l.c. and BP Products N. Am. Inc., 452 F. Supp. 2d 641 (E.D. Va. 2006) and 2006 WL 2938721 (E.D. Va. Sept. 15, 2006), aff’d, 268 Fed. Appx. 236, 2008 WL 193193 (4th Cir. Jan. 23, 2008), petition re rehearing and rehearing en banc denied (4th Cir. Feb. 19, 2008). Represented BP parties in case alleging business conspiracy and discrimination; summary judgment for BP; court of appeals affirmed for BP; additional trial court opinion reported at 2006 WL 2345908 (E.D. Va. Aug. 9, 2006).
• Charles H. Harrell, Sr. v. General Motors Corp. (N.D. Ill.). Represented GM in federal court action challenging GM’s Minority Dealer Development Program and alleging claims for breach of contract, fraud and statutory violations; won case for GM on summary judgment; case subsequently settled on appeal. 2003 WL 22159026 (N.D. Ill. 2003); 2004 WL 1745758 (N.D. Ill. 2004).
• Bonneville Sports, Inc. v. Polaris Sales Inc. and Polaris Industries Inc. Represented Polaris in confidential AAA arbitration trial; arbitrator ruled for Polaris on complainant’s claims.
• Motor Werks Partners, L. P. v. BMW of North America, Inc. Represented BMW in confidential AAA arbitration trial that began in May 2001 and concluded in November 2001; arbitration panel ruled for BMW.
• Motor Werks Partners, L.P. v. BMW of North America LLC (N.D. Ill.). Represented BMW in federal court case for alleged breach of contract and statutory violations, challenging BMW’s establishment of a distribution system for the MINI and MINI Cooper vehicles; preliminary injunction trial won by BMW; appeal dismissed. 2001 WL 1607503 (N.D. Ill. 2001).
• Book Chevrolet, Inc. v. General Motors Corp., 979 S.W.2d 918 (Ky. 1998). Represented GM in case alleging breach of contract and statutory violations for alleged illegal allocation of vehicles; won dismissal in trial court; argued and won appeal in Kentucky Supreme Court.
• Olympic Chevrolet, Inc. v. General Motors Corp. (N.D. Ill.). Represented GM in federal court case alleging breach of contract and state and federal statutory violations over vehicle distribution system. Summary judgment entered for GM. See 959 F.Supp. 918 (N.D. Ill. 1997).
• Ormsby Motors, Inc. v. General Motors Corp. Represented GM in a federal court dealer termination case; preliminary injunction trial won by GM. 842 F. Supp. 344 (N.D. Ill. 1994), appeal dismissed, 32 F.3d 240 (7th Cir. 1994).
• Carney v. General Motors Corp., 23 F.3d 1154 (7th Cir. 1994). Represented GM in federal court action alleging breach of contract and fraud; summary judgment entered for GM; court of appeals affirmed.
• Frank J. Lynch Motors, Inc. v. General Motors Corp. (Ill.). Represented GM in case for alleged breach of contract and statutory violations relating to dealer relocation; preliminary injunction trial won by GM; plaintiff voluntarily dismissed case.