Consumer Fraud and Insurance Bad Faith
Mr. Albert has successfully defended and prosecuted several large consumer fraud actions involving unfair competition, fraud, breach of contact and insurance bad faith.
On the defense side, Mr. Albert’s representations have included the following illustrative cases:
- In re First Community Bancorp Class Action Litig. Mr. Albert represented First Community Bancorp in successfully defending against a national class action seeking damages for allegedly aiding and abetting a bank customer’s fraudulent Ponzi scheme. After several successful demurrers, the case was settled on very favorable terms to the bank.
- In re AT&T Security Systems Class Action Litig. Mr. Albert defended AT&T in several consolidated and coordinated class actions alleging that AT&T sold defective home security products both domestically and internationally. He deposed plaintiffs' forensic accounting and damage experts, drafted key pre-trial motions, and successfully positioned case for global settlement, which was achieved at modest cost for the client.
- In re Western Union Wire Transfer Class Action Litig. Mr. Albert defended Western Union and its parent, First Data Corporation, in several related state and federal class action lawsuits arising out of Western Union’s international money transfer businesses. He conceived, developed and implemented national and international evidence-gathering plan and strategies to oppose certification of state and national plaintiff classes, and obtained related expert testimony. He succeeded in reaching with his team a favorable nationwide class settlement before trial.
- In re Suzuki Samura Roll-Over Class Action and Multidistict Litig. Mr. Albert represented Suzuki Motor Corporation in national Samurai rollover cases. He coordinated national discovery regarding technical documents, design and engineering evidence, and related expert testimony and records, as well as formulating critical motions that prevented the dissemination of proprietary documents and trade secrets to consumer advocacy groups and plaintiff coalitions.
On the plaintiffs’ side, Mr. Albert’s consumer fraud and insurance bad faith experience includes the following significant matters:
- In re State Farm Mut. Auto. Ins. Co. Class Action Dividend Litig. Mr. Albert was a team leader in 50 million person class action against State Farm Mutual Automobile Insurance Co. – one of the largest consumer class actions in history -- alleging bad faith hoarding of surplus capital and withholding of policyholder dividends. Mr. Albert briefed and second-chaired all aspects of motion practice and related appellate practice leading to several significant appellate decisions, including State Farm Mut. Auto Ins. Co. v. Superior Court, 114 Cal. App. 4th 434 (2003) (California courts properly can try nationwide class against Illinois insurer for bad faith refusal to pay dividends, subject to the Illinois business judgment rule), and State Farm Mut. Ins. Co. v. Superior Court, 121 Cal. App. 4th 490 (2004) (defendant who prevailed on a choice of law question in a writ proceeding is not entitled to peremptorily challenge trial judge on remittitur). Mr. Albert retained, briefed and assisted in development of expert testimony of actuaries, accountants, corporate governance experts and conflict-of-laws experts.
- Roland Henry v. Alcove Investments. With Public Counsel, Mr. Albert represented an indigent and disabled African-American senior citizen, as pro bono trial and appellate counsel, in a state court action against certain mortgage loan brokers who attempted to foreclose on his home based upon fraudulently altered documents. Interfacing with local and federal regulatory officials and prosecutors, Mr. Albert briefed and argued successful opposition to appeal by mortgage loan broker of favorable trial court ruling declining to compel arbitration on grounds of fraud, resulting in an important published decision by the California Court of Appeal, Roland Henry v. Alcove Investments, Inc., 233 Cal. App. 3d 94 (1991). Mr. Albert, with other team members, was a "second chair" trial attorney injury trial resulting in $1.7 million jury verdict.
