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Case Summaries

Antitrust

Automotive Parts Antitrust Litigation (E.D. Mich.)

Gustafson Gluek represents plaintiffs alleging a sprawling price fixing conspiracies for a number of automobile components. To date, the court has finally approved settlements with some defendants totaling approximately $224.68 million. In September 2016, the court preliminarily approved several additional settlements totaling approximately $379 million.

Cathode Ray Tube (CRT) Antitrust Litigation (N.D. Cal.)

Gustafson Gluek represents plaintiffs and the class of direct purchasers alleging that the CRT manufacturers conspired to fix the prices of CRT screens used for computer monitors and televisions. Gustafson Gluek has had a significant discovery role in the prosecution of this antitrust class action, which resulted in settlements totaling $225 million.

DRAM Antitrust Litigation (N.D. Cal. and multiple state court actions)

Gustafson Gluek was appointed co-lead counsel for the indirect purchasers in this nationwide class action against both national and international memory-chip manufacturers. This case dealt with the conspiracy surrounding the pricing of the memory chips commonly known as Dynamic Random Access Memory (or DRAM). DRAM is used in thousands of devices on a daily basis, and Gustafson Gluek has been integral in achieving a settlement of over $350 million for the calss.

Containerboard Antitrust Litigation (N.D. Ill.)

Gustafson Gluek is a defendant team leader in an on-going price fixing case against containerboard manufacturers. As team leader, Gustafson Gluek handled all aspects of discovery, including the depositions of several senior executives. The two smallest defendants have settled for over $20 million.

Precision Associates, Inc., et al. v. Panalpina World Transport (Holding) Ltd., et al. (E.D.N.Y.)

Gustafson Gluek is one of four interim co-lead counsel representing direct purchasers of U.S. Freight Forwarding Services. Plaintiffs allege that Defendants engaged in an international conspiracy to fix, inflate, and maintain new charges or prices for U.S. Freight Forwarding Services in violation of the antitrust laws. Gustafson Gluek has worked to secure over $350 million in settlements for the class.

In re TFT-LCD (Flat Panel) Antitrust Litigation (N.D. Cal.)

Gustafson Gluek served an integral role handling complex discovery issues in this antitrust action representing individuals and entities that purchased LCD panels at supracompetitive prices. Gustafson Gluek attorneys worked on a range of nuanced domestic and foreign discovery matters in prosecuting this case. The total settlement amount with all of the defendants was over $1.1 billion.

data breach

Landwehr v. AOL Inc. (E.D. Va.)

Gustafson Gluek served as class counsel in this lawsuit, alleging that AOL made available for download its members’ search history data, which violated these AOL members’ right to privacy under the Federal Electronic Communications Privacy Act. Plaintiffs reached a settlement with AOL that made $5 million available to pay the claims of class members whose search data was made available for download by AOL.

The Home Depot, Inc., Customer Data Security Breach Litigation (N.D. Ga.)

Gustafson Gluek represents credit unions and a proposed class of financial institutions whose card members’ payment data was compromised as the result of the Home Depot’s deficient data security practices. These financial institutions have lost time and money responding to the data breach.

Greater Chautauqua Federal Credit Union v. Kmart Corporation (N.D. Ill.)

Gustafson Gluek serves on the court-appointed plaintiffs’ steering committee representing a proposed class of financial institutions whose card members’ payment data was compromised as a result of Kmart’s deficient data security practices. These financial institutions have lost time and money responding to the data breach.

Experian Data Breach Litigation (C.D. Cal.)

Gustafson Gluek represents plaintiffs and a proposed class of consumers whose personally identifiable information, including Social Security numbers and other highly-sensitive personal data, was compromised as the result of Experian’s deficient data security practices. Many of these consumers have lost time and money responding to the data breach, and they face an ongoing risk of identity theft, identity fraud, or other harm.

consumer protection

Budget Rent a Car

The firm represented a class in a case against Budget Rent a Car that settled on terms very favorable to the class. Plaintiffs alleged that Budget unfairly and without notice charged renters more money (in many instances hundreds of dollars more) for bringing their car back early. After Gustafson Gluek helped get a class certified and won a summary adjudication motion, Budget agreed to return 100% of the overcharges – in cash – to each renter and to clearly disclose its practices going forward.

Yarrington, et al. v. Solvay Pharmaceuticals, Inc.

Gustafson Gluek was one of two firms appointed Co-Lead Counsel by the U.S. District Court in Minnesota to represent those persons who purchased and ingested Estratest and Estratest H.S., hormone replacement therapy drugs, after March 8, 1998 in all states except California. Plaintiffs alleged that Defendant falsely and deceptively advertised the drugs as being “FDA-approved.” Following nearly six years of hard-fought litigation, Defendant agreed to pay $16.5 million, which allowed class members to recover 100% of their claimed damages.

Sigg Switzerland (USA), Inc. Aluminum Bottles Marketing and Sales Practices Litigation, MDL No. 2137

Gustafson Gluek is currently serving on the Plaintiffs’ Executive Committee for In Re: Sigg Switzerland (USA), Inc. Aluminum Bottles Marketing and Sales Practices Litigation. This case is a multi-district class action alleging that SIGG Switzerland (USA), Inc. falsely marketed its reusable aluminum bottles as free of Bisphenol-A (“BPA”).

Securities

St. Paul Travelers Securities Litigation I and II (D. Minn.)

Gustafson Gluek, served as liaison counsel in both of the St. Paul Travelers Securities Litigations. At issue in the cases were public statements as well as material omissions St. Paul Travelers made that negatively impacted the stock prices of the Company. On behalf of New Mexico State Funds, Gustafson Gluek worked to litigate the two separate class actions against St. Paul Travelers, resulting in multi-million dollar settlements.

Smith v. Questar Capital Corp., et al., (D. Minn.)

Gustafson Gluek represented a class of investors who were defrauded in a Ponzi scheme. Gustafson Gluek and its co-counsel were able to recover millions of dollars for the class from the brokerage that sold bonds to sustain an entity that had collapsed into bankruptcy.

Luis v. RBC Capital Markets, LLC., (D. Minn.)

Gustafson Gluek represents investors who were improperly sold high-risk reverse convertible notes. These investments triggered devastating financial losses for individuals with conservative investment goals.

Product Liability

National Hockey League Players’ Concussion Injury Litigation (D. Minn.)

Gustafson Gluek is a member of the steering committee on behalf of former NHL players. The case alleges the NHL failed to warn players of the dangers of concussions. The case is on-going.

Medtronic, Inc. Implantable Defibrillators Products Liability Litigation (D. Minn.)

Gustafson Gluek was appointed one of two Co-Lead Counsel in this significant Mass Tort MDL (consolidated in the District of Minnesota) against Medtronic, Inc. The claims arising in this MDL related to certain of Medtronic’s implantable cardioverter defibrillators (ICDs), and cardiac resynchronization therapy defibrillators (CRT-Ds) that contained serious battery defects, which resulted in a recall of the products at issue. Plaintiff alleged that Medtronic, Inc. intentionally withheld important information from the FDA and the public and continued to sell the devices for implantation into patients facing life-threatening heart conditions. Plaintiffs alleged that Medtronic’s disregard for safety resulted in a significant public health crisis ultimately resulting in the recall of approximately 87,000 Devices. Gustafson Gluek was appointed one of two co-lead counsel in the case. After surviving a motion for summary judgment and various motions to dismiss brought by defendants, the cases in the MDL ultimately settled for approximately 100 million dollars plus a payment of 18 million dollars in attorneys’ fees. Given its role as co-lead counsel, Gustafson Gluek had a significant role in all aspects of the case.

Medtronic, Inc., Sprint Fidelis Leads Products Liability Litigation (D. Minn.)

Gustafson Gluek was appointed sole Lead Counsel in this significant Mass Tort MDL (consolidated in the District of Minnesota) against Medtronic, Inc. The claims arising in this MDL related to Medtronic’s Sprint Fidelis Leads that contained serious defects that cause the leads to fracture and unnecessarily shock people in whom they are implanted. This defect resulted in a recall of the products at issue. Plaintiff alleged that Medtronic, Inc. intentionally withheld important information from the FDA and the public and continued to sell the devices for implantation into patients facing life-threatening heart conditions. Plaintiffs alleged that Medtronic’s disregard for safety resulted in a significant public health crisis ultimately resulting in the recall of the devices. There were approximately 250,000 of these devices sold. Although the complaint was dismissed at the district court based primarily on preemption related issues, the case is now pending at the Eighth Circuit Court of Appeals. Plaintiffs are cautiously optimistic about the possibility of reversal of the district court’s dismissal order. Related cases were also filed in Minnesota State Court. Representative cases in the state court were also dismissed on preemption grounds and are currently pending before the Minnesota Court of Appeals.

Intellectual Property & Patent Misuse

Dryer, et al., v. National Football League (D. Minn.)

The U.S. District Court for the District of Minnesota appointed Gustafson Gluek Lead Settlement Counsel in Dryer v. NFL. In that capacity, Gustafson Gluek serves a class of retired NFL players in protecting their rights to the use of their likenesses in marketing and advertising. After reaching a settlement with the NFL that created unprecedented avenues of revenue generation for the class, Gustafson Gluek continues to represent the interests of the retired NFL players on appeal.

Spine Solutions, Inc., et al. v. Medtronic Sofamore Danek, Inc., et al. (W.D. Tenn.)

Gustafson Gluek was one of the counsel representing the plaintiff, Spine Solutions, Inc., Synthes Spine So., L.P.P., and Synthes, Inc. against Medtronic Safamor Danek, Inc. and Medtronic Sofamor Donek, USA. The patent at issue in that case involved technology relating to spinal disc implants. This case went to trial in November 2008 and a jury verdict was returned in favor of our client. The jury found willful infringements and awarded both lost profits and reasonable royalty damages to our client. There are various post-trial motions and likely will be an appeal of the jury verdict.

In re Wellbutrin SR Antitrust Litigation (E.D. Pa.)

Gustafson Gluek played an integral role in successfully settling this class action pharmaceutical case. The firm represented direct purchasers of Wellbutrin SR, who alleged that defendant GlaxoSmithKline defrauded the U.S. Patent and Trademark Office and filed sham lawsuits against its competitors, which delayed the availability of the generic version of Wellbutrin SR to consumers. As a result of this delay, Plaintiffs alleged that they paid more for Wellbutrin SR than they would have if the generic version had been available to them. The firm was actively involved in the investigation, discovery, motion practice, and trial preparation for this case. Dan Gustafson, senior partner and co-founder of Gustafson Gluek, served an essential role in the mediation that settled the case shortly before trial was scheduled to begin. The Eastern District of Pennsylvania approved the settlement payment of $49 million to direct purchasers.

Antitrust

Data Breach

Consumer Protection

Securities

Product Liability

Intellectual Property & Patent Misuse

Antitrust
Automotive Parts Antitrust Litigation (E.D. Mich.)

Gustafson Gluek represents plaintiffs alleging a sprawling price fixing conspiracies for a number of automobile components. To date, the court has finally approved settlements with some defendants totaling approximately $224.68 million. In September 2016, the court preliminarily approved several additional settlements totaling approximately $379 million.

Cathode Ray Tube (CRT) Antitrust Litigation (N.D. Cal.)

Gustafson Gluek represents plaintiffs and the class of direct purchasers alleging that the CRT manufacturers conspired to fix the prices of CRT screens used for computer monitors and televisions. Gustafson Gluek has had a significant discovery role in the prosecution of this antitrust class action, which resulted in settlements totaling $225 million.

DRAM Antitrust Litigation (N.D. Cal. and multiple state court actions)

Gustafson Gluek was appointed co-lead counsel for the indirect purchasers in this nationwide class action against both national and international memory-chip manufacturers. This case dealt with the conspiracy surrounding the pricing of the memory chips commonly known as Dynamic Random Access Memory (or DRAM). DRAM is used in thousands of devices on a daily basis, and Gustafson Gluek has been integral in achieving a settlement of over $350 million for the calss.

Containerboard Antitrust Litigation (N.D. Ill.)

Gustafson Gluek is a defendant team leader in an on-going price fixing case against containerboard manufacturers. As team leader, Gustafson Gluek handled all aspects of discovery, including the depositions of several senior executives. The two smallest defendants have settled for over $20 million.

Precision Associates, Inc., et al. v. Panalpina World Transport (Holding) Ltd., et al. (E.D.N.Y.)

Gustafson Gluek is one of four interim co-lead counsel representing direct purchasers of U.S. Freight Forwarding Services. Plaintiffs allege that Defendants engaged in an international conspiracy to fix, inflate, and maintain new charges or prices for U.S. Freight Forwarding Services in violation of the antitrust laws. Gustafson Gluek has worked to secure over $350 million in settlements for the class.

In re TFT-LCD (Flat Panel) Antitrust Litigation (N.D. Cal.)

Gustafson Gluek served an integral role handling complex discovery issues in this antitrust action representing individuals and entities that purchased LCD panels at supracompetitive prices. Gustafson Gluek attorneys worked on a range of nuanced domestic and foreign discovery matters in prosecuting this case. The total settlement amount with all of the defendants was over $1.1 billion.

data breach
Landwehr v. AOL Inc. (E.D. Va.)

Gustafson Gluek served as class counsel in this lawsuit, alleging that AOL made available for download its members’ search history data, which violated these AOL members’ right to privacy under the Federal Electronic Communications Privacy Act. Plaintiffs reached a settlement with AOL that made $5 million available to pay the claims of class members whose search data was made available for download by AOL.

The Home Depot, Inc., Customer Data Security Breach Litigation (N.D. Ga.)

Gustafson Gluek represents credit unions and a proposed class of financial institutions whose card members’ payment data was compromised as the result of the Home Depot’s deficient data security practices. These financial institutions have lost time and money responding to the data breach.

Greater Chautauqua Federal Credit Union v. Kmart Corporation (N.D. Ill.)

Gustafson Gluek serves on the court-appointed plaintiffs’ steering committee representing a proposed class of financial institutions whose card members’ payment data was compromised as a result of Kmart’s deficient data security practices. These financial institutions have lost time and money responding to the data breach.

Experian Data Breach Litigation (C.D. Cal.)

Gustafson Gluek represents plaintiffs and a proposed class of consumers whose personally identifiable information, including Social Security numbers and other highly-sensitive personal data, was compromised as the result of Experian’s deficient data security practices. Many of these consumers have lost time and money responding to the data breach, and they face an ongoing risk of identity theft, identity fraud, or other harm.

consumer protection
Budget Rent a Car

The firm represented a class in a case against Budget Rent a Car that settled on terms very favorable to the class. Plaintiffs alleged that Budget unfairly and without notice charged renters more money (in many instances hundreds of dollars more) for bringing their car back early. After Gustafson Gluek helped get a class certified and won a summary adjudication motion, Budget agreed to return 100% of the overcharges – in cash – to each renter and to clearly disclose its practices going forward.

Yarrington, et al. v. Solvay Pharmaceuticals, Inc.

Gustafson Gluek was one of two firms appointed Co-Lead Counsel by the U.S. District Court in Minnesota to represent those persons who purchased and ingested Estratest and Estratest H.S., hormone replacement therapy drugs, after March 8, 1998 in all states except California. Plaintiffs alleged that Defendant falsely and deceptively advertised the drugs as being “FDA-approved.” Following nearly six years of hard-fought litigation, Defendant agreed to pay $16.5 million, which allowed class members to recover 100% of their claimed damages.

Sigg Switzerland (USA), Inc. Aluminum Bottles Marketing and Sales Practices Litigation, MDL No. 2137

Gustafson Gluek is currently serving on the Plaintiffs’ Executive Committee for In Re: Sigg Switzerland (USA), Inc. Aluminum Bottles Marketing and Sales Practices Litigation. This case is a multi-district class action alleging that SIGG Switzerland (USA), Inc. falsely marketed its reusable aluminum bottles as free of Bisphenol-A (“BPA”).

Securities
St. Paul Travelers Securities Litigation I and II (D. Minn.)

Gustafson Gluek, served as liaison counsel in both of the St. Paul Travelers Securities Litigations. At issue in the cases were public statements as well as material omissions St. Paul Travelers made that negatively impacted the stock prices of the Company. On behalf of New Mexico State Funds, Gustafson Gluek worked to litigate the two separate class actions against St. Paul Travelers, resulting in multi-million dollar settlements.

Smith v. Questar Capital Corp., et al., (D. Minn.)

Gustafson Gluek represented a class of investors who were defrauded in a Ponzi scheme. Gustafson Gluek and its co-counsel were able to recover millions of dollars for the class from the brokerage that sold bonds to sustain an entity that had collapsed into bankruptcy.

Luis v. RBC Capital Markets, LLC., (D. Minn.)

Gustafson Gluek represents investors who were improperly sold high-risk reverse convertible notes. These investments triggered devastating financial losses for individuals with conservative investment goals.

Product Liability
National Hockey League Players’ Concussion Injury Litigation (D. Minn.)

Gustafson Gluek is a member of the steering committee on behalf of former NHL players. The case alleges the NHL failed to warn players of the dangers of concussions. The case is on-going.

Medtronic, Inc. Implantable Defibrillators Products Liability Litigation (D. Minn.)

Gustafson Gluek was appointed one of two Co-Lead Counsel in this significant Mass Tort MDL (consolidated in the District of Minnesota) against Medtronic, Inc. The claims arising in this MDL related to certain of Medtronic’s implantable cardioverter defibrillators (ICDs), and cardiac resynchronization therapy defibrillators (CRT-Ds) that contained serious battery defects, which resulted in a recall of the products at issue. Plaintiff alleged that Medtronic, Inc. intentionally withheld important information from the FDA and the public and continued to sell the devices for implantation into patients facing life-threatening heart conditions. Plaintiffs alleged that Medtronic’s disregard for safety resulted in a significant public health crisis ultimately resulting in the recall of approximately 87,000 Devices. Gustafson Gluek was appointed one of two co-lead counsel in the case. After surviving a motion for summary judgment and various motions to dismiss brought by defendants, the cases in the MDL ultimately settled for approximately 100 million dollars plus a payment of 18 million dollars in attorneys’ fees. Given its role as co-lead counsel, Gustafson Gluek had a significant role in all aspects of the case.

Medtronic, Inc., Sprint Fidelis Leads Products Liability Litigation (D. Minn.)

Gustafson Gluek was appointed sole Lead Counsel in this significant Mass Tort MDL (consolidated in the District of Minnesota) against Medtronic, Inc. The claims arising in this MDL related to Medtronic’s Sprint Fidelis Leads that contained serious defects that cause the leads to fracture and unnecessarily shock people in whom they are implanted. This defect resulted in a recall of the products at issue. Plaintiff alleged that Medtronic, Inc. intentionally withheld important information from the FDA and the public and continued to sell the devices for implantation into patients facing life-threatening heart conditions. Plaintiffs alleged that Medtronic’s disregard for safety resulted in a significant public health crisis ultimately resulting in the recall of the devices. There were approximately 250,000 of these devices sold. Although the complaint was dismissed at the district court based primarily on preemption related issues, the case is now pending at the Eighth Circuit Court of Appeals. Plaintiffs are cautiously optimistic about the possibility of reversal of the district court’s dismissal order. Related cases were also filed in Minnesota State Court. Representative cases in the state court were also dismissed on preemption grounds and are currently pending before the Minnesota Court of Appeals.

Intellectual Property & Patent Misuse
Dryer, et al., v. National Football League (D. Minn.)

The U.S. District Court for the District of Minnesota appointed Gustafson Gluek Lead Settlement Counsel in Dryer v. NFL. In that capacity, Gustafson Gluek serves a class of retired NFL players in protecting their rights to the use of their likenesses in marketing and advertising. After reaching a settlement with the NFL that created unprecedented avenues of revenue generation for the class, Gustafson Gluek continues to represent the interests of the retired NFL players on appeal.

Spine Solutions, Inc., et al. v. Medtronic Sofamore Danek, Inc., et al. (W.D. Tenn.)

Gustafson Gluek was one of the counsel representing the plaintiff, Spine Solutions, Inc., Synthes Spine So., L.P.P., and Synthes, Inc. against Medtronic Safamor Danek, Inc. and Medtronic Sofamor Donek, USA. The patent at issue in that case involved technology relating to spinal disc implants. This case went to trial in November 2008 and a jury verdict was returned in favor of our client. The jury found willful infringements and awarded both lost profits and reasonable royalty damages to our client. There are various post-trial motions and likely will be an appeal of the jury verdict.

In re Wellbutrin SR Antitrust Litigation (E.D. Pa.)

Gustafson Gluek played an integral role in successfully settling this class action pharmaceutical case. The firm represented direct purchasers of Wellbutrin SR, who alleged that defendant GlaxoSmithKline defrauded the U.S. Patent and Trademark Office and filed sham lawsuits against its competitors, which delayed the availability of the generic version of Wellbutrin SR to consumers. As a result of this delay, Plaintiffs alleged that they paid more for Wellbutrin SR than they would have if the generic version had been available to them. The firm was actively involved in the investigation, discovery, motion practice, and trial preparation for this case. Dan Gustafson, senior partner and co-founder of Gustafson Gluek, served an essential role in the mediation that settled the case shortly before trial was scheduled to begin. The Eastern District of Pennsylvania approved the settlement payment of $49 million to direct purchasers.

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