R.C. Bigelow, Inc., the family-owned tea manufacturer, and its lawyers (Gordon Rees Scully Mansukhani) have successfully defeated a proposed nationwide class action claiming misleading labeling. Significantly, similar claims against other manufacturers have resulted in settlements totaling tens of millions of dollars.
The Ninth Circuit Court of Appeals decision follows the defeat of class certification and full dismissal of the claims on summary judgment in 2016. Partners Miles Scully, Timothy Branson, Matthew Kleiner, and Joni Flaherty represented Bigelow. Scully has been named as one of the top 25 trial attorneys in the United States and among California's top 100 lawyers.
In 2012, plaintiff attorneys filed more than 50 food labeling lawsuits against various national manufacturers in the Northern District of California. One suit named Bigelow, alleging that its promotion of the health benefits of antioxidants in its black and green teas violated FDA regulations.
The published decisions achieved by Gordon & Rees at the district court level are frequently cited by other litigants and courts and have established the template for manufacturers to defend class action claims.
Gordon & Rees is a national litigation and business transactions firm with more than 800 lawyers in 47 offices across the United States. Our lawyers provide full service representation to public and private companies ranging from the Fortune 500 to start-ups. Founded in 1974, Gordon & Rees is recognized among the fastest growing and largest law firms in the country and continues to climb the ranks of both the Am Law 200 and The National Law Journal. Additionally, in 2017 Law360 ranked the firm among the top 50 largest U.S. firms and The American Lawyer ranked the firm among the top 35 on its Diversity Scorecard.
Khasin v. R.C. Bigelow, Inc., No. 16-16641 (Dec. 20, 2017); Victor v. R.C. Bigelow, Inc., No. 16-16639 (Dec. 20, 2017).