05 Sep, 2011

Dechert Obtains Dismissal of Two Consumer Fraud Class Action Matters for Google


Representing Google Inc., a team of Dechert LLP lawyers recently won motions to dismiss in two related consumer class actions pending in the U.S. District Court for the Northern District of California, McKinney v. Google and Nabors v. Google. 

In both cases, the plaintiffs have assert claims based on allegations that Google’s Nexus One smartphone, which uses the Android Mobile Technology Platform and is designed to operate on 2G/EDGE and 3G wireless networks, does not provide ‘consistent 3G connectivity’. Plaintiffs seek certification of a nationwide class, or California and Florida classes, of Nexus One purchasers. In two 13-page opinions dated August 30, 2011, Judge Edward J. Davilla dismissed all of the plaintiffs’ claims, including claims under state consumer protection statutes and for common law fraud, breach of express and implied warranty, negligence, and unjust enrichment.

Judge Davilla’s ruling dismissing the plaintiffs’ amended complaints follows in the wake of Judge Ware’s November 1, 2010 Rule 12(b)(6) dismissal of plaintiffs’ prior complaints with leave to amend. Plaintiffs in McKinney and Nabors have until September 30, 2010 to consider whether they can try further to amend their complaints to address the many fundamental defects in their claims that warranted dismissal. Dechert’s Steven B. Weisburd and Matthew L. Larrabee represent Google Inc. in McKinney and Nabors.

Dechert is a leader in product liability and mass torts defense, handling every aspect of today’s complex cases—from strategy, analysis and planning to trial and appeal—for companies in the pharmaceutical, medical device, consumer product, chemical and other industries. Law360 recently named us one of the top Product Liability Defense Firms of the Year, and in 2010 we earned the Chambers USA “Award for Excellence” as the top product liability practice in the country for the second consecutive year.


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