On February 7, 2023, DAE’s class action defense team was tapped to spearhead the defense of a leading international tech company against a wave of “right to repair” class actions pending throughout the country. Class action lawyers have targeted manufacturers and retailers in dozens of lawsuits alleging violations of the anti-tying provision of the Magnuson-Moss Warranty Act. Seizing on recent policy positions articulated by the FTC and the Biden Administration, class action plaintiffs contend product warranties unlawfully restrict consumers’ rights to have their products repaired by third parties. In one of the first substantive rulings addressing these issues throughout the country, DAE delivered an early win for its client by attacking the inherent flaws in the damages theory underpinning the lawsuit.

On February 22, 2023, in a separate class action brought against one of the nation’s leading insurance providers, DAE’s class action defense team secured an early victory over claims that the insurer breached its contractual arrangements and violated California statutory provisions governing the disclosure of cancellation fees. DAE successfully distinguished the California case from lawsuits filed in other states and zeroed in on the untenable claim for damages. Ruling in favor of DAE’s client, the court agreed with the DAE’s damages argument and dismissed all claims.