Cases
Experience: Class Action Litigation: Lead MDL Counsel for National Foam, Inc.,: a manufacturer of aqueous film forming foam (AFFF)
one of the four original defendants in the largest PFAS multidistrict litigation in the world. Representation includes more than 10,000 cases consisting of more than 30,000 plaintiffs defending class actions, municipal
water provider property damage claims,
individual personal injury
property damage claims filed across the United States alleging PFOS/PFOA contamination by the U.S. Military
others using AFFF. In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873.
Lead class action counsel for cosmetic
personal care products companies: against claims that their products contains PFAS
alleging mislabeling, fraud, misrepresentation
violation of various state consumer protection statutes.
Lead counsel for haircare company: in multi-district litigation raising putative nationwide classes for mislabeling
false advertising claims alleging that client's products caused hair loss
or scalp damage
follow-on mass tort claims of more than 200 personal injury plaintiffs.
Lead counsel for personal care products br
s: in the Hair Relaxer MDL alleging that the use of such products increased the risk of developing uterine, ovarian, or breast cancer, endometriosis, uterine fibroids, or other injuries to the reproductive system.
Class action counsel for personal care product distributors: alleging that some lots of sunscreens
antiperspirants contained benzene, based upon suspect citizens petitions from the discredited Valisure lab. Obtained dismissals or reached di minimis settlements of class action claims.
Lead class action counsel for a sunscreen manufacturer: against claims alleging a nationwide class action for mislabeling, false advertising, breach of warranty
violation of consumer protection laws claiming that consumers are deceived by the labeling
advertising of a sunscreen as containing 'transparent zinc oxide'
being 'mineral-based' because some of the sunscreens contain both mineral
chemical active ingredients.
Lead class action counsel for haircare product distributor: in mislabeling
false advertising claims alleging a nationwide class action that ingredients in client's hair gel caused flakes despite a label that includes a claim of no flakes. All but New York state law claims dismissed on the pleadings rendering a limited single-state putative class leading to a voluntary dismissal of case.
Class action counsel for leading provider of residential water heater supply lines: raising putative class claims that the EPDM rubber liner of braided stainless-steel water heater connectors deteriorate causing clogged devices
black flakes to appear in water.
Defending a medical device manufacturer: of IVC filters following transfer of coordinated proceedings from MDL against claims for negligence
strict liability failure to warn, design defect,
manufacturing defect, breach of warranty,
misrepresentation in individual lawsuits pending in Pennsylvania.
Class action counsel for a manufacturer of professional hair care products:, in defense of putative nationwide class action claims brought under state consumer protection laws challenging the labeling of the company's sulfate-free products.
Class action trial counsel for insurance company: in defending litigation alleging, on behalf of a class of medical providers, a failure to pay millions of dollars in interest on hundreds of thous
s of bills submitted under state statutes
not paid within 30 days of submission. Obtained dismissal on the merits of common law claims for conversion, unjust enrichment,
accounting. The class was decertified at the conclusion of trial.
Class action trial counsel for the U.S. subsidiary of an international automobile manufacturer: against allegations of breach of express warranties, implied warranties
violations of the Magnuson Moss Warranty Act in which the defense verdict returned as to the implied warranty of merchantability claim
remaining verdict returned represented a small fraction of the amount claimed on behalf of the class
in line with the terms of previously agreed upon multi-state
national settlements reached after the start of trial.
Class action counsel for a plumbing supply line manufacturer: in defense of putative nationwide class actions alleging warranty, tort,
consumer protection claims involving certain braided stainless steel water heater supply lines
plumbing supply lines. Secured negotiated settlements that was largely funded by insurance.
Class action counsel for energy providers: in defense of putative class actions filed in Federal courts in New York, Connecticut
Pennsylvania alleging contract
consumer protection claims arising from variable rate residential electricity supply contracts. Obtained a dismissal of Pennsylvania Action, which was affirmed by the Third Circuit. The New York case saw the dismissal of plaintiffs from half of the states
before the company reached a multi-state settlement of the Connecticut action.
Class action counsel for electricity suppliers: in defense of TCPA litigation surrounding marketing.
Class action counsel for a multi-family residential property management company: in defense of class action claims for violations of the New Jersey Security Deposit Act. Secured the dismissal of all claims.
Class action counsel for a rental car company: in defense of putative nationwide class action challenging the company's h
ling of damage claims to rental vehicles when the customer declines LDW coverage, including a claim under the FDCPA. The Eastern District of Pennsylvania Court denied class certification.
Class action counsel for international bank: in wage
hour overtime pay class actions under state minimum wage laws
collective action under Federal Fair Labor St
ards Act alleging that certain salaried employees have been misclassified as exempt
therefore not entitled to overtime pay.
Class action counsel for regional multi-state supermarket chain: in wage
hour class action litigation under the Pennsylvania Minimum Wage Act
New Jersey Wage
Hour Law
collective action under Federal Fair Labor St
ards Act claims alleging that supermarket chain is a 'joint employer' under such state
federal overtime statutes with contracted vendor of cleaning services.
Class action counsel representing an international snack food manufacturer
distributor: against claims that independent delivery operators working under a Distributor Agreement are in fact franchisees entitled to various protections
prohibitions on termination found in state franchise practices acts.
Class action counsel for distributor of musical instruments:, in 42 class actions consolidated as an MDL in the Southern District of California alleging antitrust violations
price manipulation in a hub
spoke conspiracy through the use of suggested minimum advertised pricing policies. Twice obtained the dismissal of the Federal antitrust claims. In August 2015, the Ninth Circuit affirmed the dismissal of the Federal claims. In re Musical Instruments & Equip. Antitrust Litig., 798 F.3d 1186 (9th 2015).
Represented as national counsel an international manufacturer of water heaters: in successfully defeating numerous national
state class actions (seeking damages in excess of $1 billion) in which class certification was overturned by the Texas Court of Appeals.
Represented Japanese automobile manufacturer: in nationwide class action alleging property damage resulting from vehicle accidents allegedly connected to recall of ECU in vehicle, in which the nationwide settlement of class action was negotiated prior to class certification hearing.
Defended a putative national class action against an American subsidiary: of a foreign manufacturer of microwave ovens on behalf of a class of over two million purchasers alleging a defective part created an increased risk of fire, in which the case was dismissed with prejudice prior to class certification.
Product Liability
Commercial Litigation: Representation of the air operations division of a prominent university in aircraft
airport issues, FAA regulatory matters, tax
aircraft purchases.
Lead trial counsel to one of the world's quality-leading manufacturers of small household appliances in a fire property damage case alleging defects in a toaster
damages in excess of $500,000 in a fast-tracked case that was tried within ten months of filing the complaint, obtained a defense verdict of no defect.
Trial counsel for apparel manufacturers
the leading national manufacturer of tuxedos for the rental market against a German component supplier in cases arising from claims of defective fusible interlining leading to delamination
buckling of coat fronts in which he obtained successful settlements for several clients
a seven-figure verdict in New York County Supreme Court after a six-week jury trial.
Trial counsel for a Taiwanese biotech company in breach of contract cases surrounding clinical trials of its HIV biologic.
Representation of a German automobile
motorcycle manufacturer in personal injury
property damage product liability cases, including crashworthiness
idle fire cases.
Successfully represented plaintiff in a sexual abuse case against a prestigious private boarding school in Princeton, New Jersey resulting in the New Jersey Supreme Court overturning over 40 years of charitable immunity law. Hardwicke v. The American Boychoir School, 188 N.J. 69 (2006).
Represented financial services company
related individuals in various litigation matters arising out of premium finance transactions.
Representing a group of investors in securities litigation arising out of misrepresentations made to investors
conversion of investors' funds in violation of investor agreements.
Representing developers, general contractors
subcontractors in breach of contract disputes arising from completed
suspended construction projects.
Represented numerous automotive component part manufacturers in product liability litigation including manufacturers of commercial brake systems, airbags, seat belts
semiconductors used in the automotive industry.
Represented individual investor in claims alleging violations of RICO, fraud
civil conspiracy.
National representation of a supplier of alloy
carbon pipe fittings to the energy industry as plaintiff
defendant in cases alleging specification deficiencies involving inadequate heat treatment, product deformity, improper composite material
other alleged metallurgical deficiencies.
Represented a food product distributor against claims of breach of warranty
fraud alleging that one of its products was infested with beetles when delivered to its customer.
Represented a cigarette manufacturer in trademark
br
integrity litigation involving the sale of counterfeit cigarettes
obtained numerous temporary restraining orders, ex parte seizure orders
dozens of permanent injunctions against infringers for trademark violations.
Represented a successful c
idate's campaign for the United States Congress in areas of federal regulations in advertising, challenging false advertising, ballot challenges
overseeing vote canvas
certification.
Represented an international automobile component part manufacturer in 'flex-fan' cases across Mid-Atlantic
Northeast region.
The above representations were h
led by Mr. Smith prior to his joining Greenberg Traurig, LLP.
