Notable Cases
American Express Financial Advisors
Pearson, Simon & Warshaw attorneys served as class counsel in this
overtime class action on behalf of American Express Financial Advisors,
which resulted in an outstanding classwide settlement.
Associates First Financial Capital
Pearson, Simon & Warshaw attorneys served as class counsel in this
case arising from the wrongful sale of credit insurance in connection
with personal and real estate-secured loans.
Audi and Volkswagen Timing Belt Class Action
Pearson, Simon & Warshaw, LLP obtained a nationwide class settlement
in this action alleging that Audi and Volkswagen branded vehicles equipped
with a 1.8 liter turbo-charged engine suffered from premature timing belt failures.
Auto Paint Refinishing Cases
Pearson, Simon & Warshaw attorneys served as class counsel with other
law firms in this coordinated antitrust class action alleging a conspiracy
by defendants to fix the price of automotive refinishing products.
Carrows Overtime Case
Pearson, Simon & Warshaw attorneys settled a class action lawsuit against
Carrows Restaurants for non-payment of overtime wages to its assistant
managers and managers.
Central Sprinkler
Pearson, Simon & Warshaw attorneys served as class counsel in this
consumer class action arising from the sale of nine million defective
fire sprinkler heads. This case resulted in a nationwide class settlement.
Charles Schwab & Company, Inc., et al.
Pearson, Simon & Warshaw attorneys served as class counsel for investors
who were charged a fee for transferring out assets between June 1, 2002
and May 31, 2003. This case resulted in a nationwide class settlement.
CytoSport Muscle Milk and Monster Milk Class Action
Pearson, Simon & Warshaw, LLP is serving as class counsel on behalf
of a nationwide class of consumers who allege that CytoSport's popular
protein powders, ready to drink protein beverages and other "supplement"
products contain elevated amounts of lead in violation of consumer protection laws.
Credit Card Interchange Fees
Pearson, Simon & Warshaw attorneys represent several large, national
retailers who have opted out of a class action settlement in a multidistrict
case arising from anticompetitive conduct in the credit and debit card markets.
Denny's Overtime Case
Pearson, Simon & Warshaw attorneys settled a class action lawsuit against
Denny's for non-payment of overtime wages to its managers and general managers.
Digital Downloads Litigation
Pearson, Simon & Warshaw attorneys currently serve as interim co-lead
counsel in several putative nationwide class actions on behalf of recording
artists and producers who allege that they have been systematically underpaid
royalties by some of the largest record companies in the world.
DRAM Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as one of the
principal attorneys in this multidistrict litigation arising from the
price-fixing of DRAM, a form of computer memory. The total value of the
class settlements in this case were over $325 million.
Eel River Sawmills Employee Retirement Plan
Pearson, Simon & Warshaw attorneys George S. Trevor and Bruce L. Simon
served as lead trial counsel for a class of former employees of a timber
company whose retirement plan was lost through management's investment
of plan assets in an Employee Stock Ownership Plan.
Fasttrack
Pearson, Simon & Warshaw attorneys served as defense counsel in this
class action involving copyrighted music that was made available through
computer file sharing service without the publishers' permission.
First USA
Pearson, Simon & Warshaw attorneys served as class counsel on behalf
of approximately four million First USA credit card holders whose information
was sold to third party vendors without their consent. The case ultimately
settled for an extremely valuable permanent injunction plus disgorgement
of profits to worthy charities.
German Diesel Vehicle Antitrust Matter
Pearson, Simon & Warshaw has filed a nationwide class action lawsuit
alleging federal and state antitrust and consumer protection claims against
Audi, BMW, Mercedes-Benz, Porsche and Volkswagen, and related entities.
The complaint alleges that the defendants conspired to engage in anticompetitive
conduct that damaged United States purchasers of new diesel vehicles.
Home Video Profit Participant Litigation
Pearson, Simon & Warshaw attorneys currently serve as interim co-lead
counsel in a series of putative nationwide class actions on behalf of
actors, directors and producers who allege that they have been improperly
accounted to for contingent compensation derived from home video revenue
by some of the major movie studios.
Homestore.com Securities Litigation
Pearson, Simon & Warshaw attorneys served as liaison counsel and class
counsel for plaintiff CalSTRS in this securities class action, which resulted
in over $100 million in settlements to the class.
In Re Beer Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as primary counsel
in this antitrust class action brought on behalf of independent micro-breweries
against Anheuser-Busch, Inc., for its attempt to monopolize the beer industry
in the United States by denying access to distribution channels.
In Re Carrier IQ Consumer Privacy Litigation
Pearson, Simon & Warshaw, LLP currently serves as interim co-lead counsel
in this putative nationwide class action on behalf of consumers who allege
privacy violations arising from software installed on their mobile devices
that was logging text messages and other sensitive information.
In Re Citric Acid Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as class counsel
in antitrust class actions against Archer-Daniels Midland Co. and others
for their conspiracy to fix the prices of citric acid, a food additive
product. This proceeding resulted in over $80 million settlements for
the direct purchasers.
In Re Credit Default Swaps Antitrust Litigation
Pearson, Simon & Warshaw, LLP has been appointed as interim co-lead
counsel in this multidistrict class action arising from antitrust violations
in the trading market for credit default swaps (CDS). The case alleges
that some of the largest banks and financial institutions in the world
conspired to restrain trade and eliminate competition in the CDS market
in order to artificially inflate and maintain the transaction costs of
CDS trading.
In Re Digital Microwave Securities Litigation
Pearson, Simon & Warshaw attorney George S. Trevor was one of the principal
attorneys for a plaintiff class alleging fraud in the financial reporting
of a public company. Mr. Trevor negotiated a settlement of nearly $20
million despite the absence of any directors' or officers' liability
insurance.
In Re Hawaiian and Guamanian Cabotage Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as interim co-lead
counsel for the plaintiffs in this multidistrict litigation arising from
violations of the federal antitrust laws with respect to domestic ocean
shipping services between the continental United States and Hawaii and/or
between the continental United States and Guam.
In Re Ivan F. Boesky Securities Litigation
Pearson, Simon & Warshaw attorney George S. Trevor was one of the
principal attorneys representing a class of former shareholders of the
Pacific Lumber Company. The case was consolidated with numerous other
shareholder class actions and ultimately settled for $144 million, estimated
to be the fourth largest securities litigation settlement at the time.
In Re Lithium Ion Batteries Antitrust Litigation
Pearson, Simon & Warshaw, LLP currently serves as interim co-lead counsel
for direct purchaser plaintiffs in this multidistrict class action arising
from the price-fixing of lithium ion batteries, which are used in everything
from cellular phones to cameras, laptops and tablet computers.
In Re Methionine Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as co-lead counsel
in this nationwide antitrust class action involving a conspiracy to fix
prices of, and allocate the markets for, methionine. The case resulted
in over $100 million in settlement recovery for the class.
In Re Potash Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as interim co-lead
counsel for the plaintiffs in this multidistrict litigation arising from
the price-fixing of potash sold in the United States. Mr. Simon argued
before an
en banc panel of the Seventh Circuit Court of Appeals, which in a 8-0 decision
affirmed the district court's denial of the defendants' motion
to dismiss. The case resulted in a $90 million settlement on behalf of
the direct purchaser plaintiffs.
In Re Sodium Gluconate Antitrust Litigation
Pearson, Simon & Warshaw partner Bruce L. Simon served as class counsel
in this consolidated class action arising from the price-fixing of sodium
gluconate, and successfully led the case to class certification and settlement.
In Re Static Random Access Memory (SRAM)
Pearson, Simon & Warshaw attorneys represent plaintiffs in an antitrust
class action lawsuit against numerous Static Random Access Memory ("SRAM")
manufacturers.
In Re TFT-LCD (Flat Panel) Antitrust Litigation
Pearson, Simon & Warshaw, LLP (PSW) served as co-lead counsel for the
direct purchaser plaintiffs in this multidistrict litigation arising from
the price-fixing of TFT-LCD panels. After securing over $405 million in
settlements before trial, PSW went to trial against the sole remaining
defendant in the case, Toshiba Corporation and its related entities, and
obtained a jury verdict of $87 million before trebling. PSW later settled
with Toshiba and AU Optronics to bring the total to $473 million in settlements.
In Re Warner Music Group Corp. Digital Downloads Litigation
Pearson, Simon & Warshaw is currently serving as co-lead counsel on
behalf of a settlement class of digital download and mastertone royalty
recipients who have contracts with Warner Music Group Corp. ("WMG").
iPod Nano Scratch Class Action
Pearson, Simon & Warshaw attorneys served as co-lead counsel in this
class action brought on behalf of California Consumers who owned defective
iPod Nanos. The case resulted in a favorable settlement.
Metro-Goldwyn-Mayer, Inc. DVD Case
Pearson, Simon &Warshaw attorneys obtained a nationwide settlement
as class counsel on behalf a nationwide class of consumers who purchased
DVDs manufactured by defendants.
Morgan Keegan Closed-End Income Funds Class Action Lawsuit
Pearson Simon & Warshaw, LLP obtained a $62 million all-cash settlement
on behalf of a class of investors that invested in Morgan Keegan sponsored
mutual funds.
Mortgage Fund '08
Pearson, Simon & Warshaw, LLP represents a liquidating trustee in an
action arising out of a fraudulent financial scheme perpetrated by the
managers of real estate hard money lender Mortgage Fund '08.
MP3.Com, Inc.
Pearson, Simon & Warshaw, LLP attorneys served as defense counsel in
this class action involving alleged securities violations under Rule 10b-5.
Pepsi 4-Mei Class Action
On June 28, 2016, a Northern District of California Federal Court granted
preliminary settlement approval to a class action alleging that certain
PepsiCo soda products violated California’s Proposition 65. The
settlement class includes all individuals in the United States who purchased
Pepsi, Diet Pepsi, and Pepsi One (“Covered Products”) from
January 1, 2010, until June 28, 2016. As part of the injunctive relief
only settlement, PepsiCo agreed to lower its levels of 4-MEI (4-Methylimidazole)
in certain products sold nationwide.
Pizza Hut, Inc. Class Action
Pearson, Simon & Warshaw attorneys served as lead class counsel in
this California class action brought by delivery drivers who claimed they
were not adequately compensated for use of their personally owned vehicles.
The case resulted in a statewide settlement.
Schlumberger Water Meters
Pearson, Simon & Warshaw attorneys served as class counsel with other
law firms representing LADWP customers who had lead leaching water meters
installed on their property.
Self-Storage Facilities Class Action
Pearson, Simon & Warshaw, LLP attorneys currently serve as co-lead
class counsel on behalf of California consumers who entered into rental
agreements for the use of self-storage facilities, and allege they were
wrongfully denied access to their self-storage unit and/or charged excessive
pre-foreclosure fees.
Tripath Technology, Inc. Litigation
Pearson, Simon & Warshaw, LLP (PSW) brought an action for breach of
fiduciary duty owed to creditors and shareholders against the former officers
and directors of Tripath Technology Inc., a high-tech public company that
filed for bankruptcy in 2007. In 2011, PSW obtained a settlement that
resulted in Tripath's unsecured creditors receiving over 80% of their
allowed claims.