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Eric Gibbs
Eric Gibbs
Partner
(415) 981-4800

Eric H. Gibbs is a partner at Girard Gibbs representing plaintiffs in a broad range of cases, including employment, pharmaceutical and medical device litigation, as well as consumer class actions. He has achieved significant recoveries on behalf of his clients, and has served as court-appointed lead counsel, class counsel and liaison counsel in numerous class and collective actions in state and federal courts, and in arbitration actions, throughout the United States.

Mr. Gibbs' experience prosecuting large-scale class and collective actions includes cases involving defective products, telecommunications, credit cards, unfair competition, false advertising, truth-in-lending, product liability, credit repair, employment misclassification and wage and hour under both state and federal law.

Mr. Gibbs has been widely recognized for his professional excellence and achievements, and has been selected by numerous publications as a leading lawyer in the field of Class and Mass Actions. He was recently selected by his peers for inclusion in The Best Lawyers in America 2012 guide for Mass Tort Litigation/ Class Actions, and was honored as a Northern California Super Lawyer (2010-2012) (top 100 in Northern California). He earned an AV-Preeminent rating from Martindale-Hubbell, recognizing him in the highest class for professional ethics and legal skills. Mr. Gibbs frequently lectures on class action related issues and serves on the Board of Directors of Consumer Attorneys of California and on Public Justice's Class Action Preservation Project. He is a former co-chair of AAJ's Class Action Litigation Group and former editor of the Class Action Litigation Group's Quarterly Newsletter.

Awards and Honors
  • Top 100 Northern California Super Lawyers, 2012
  • Northern California Super Lawyers (2010-2012)
  • Best Lawyers 2012, Guide for Mass Tort Litigation/ Class Actions
  • Martindale-Hubbell AV-Preeminent Rating for Highest Ethics and Legal Skills
Current Cases - Leadership Positions
  • In re Chase Bank U.S.A., N.A. "Check Loan" Contract Litigation
    • Interim class counsel on the Plaintiffs' Executive Committee
    • Multi-district litigation alleging that Chase Bank wronged consumers by offering them long-term fixed-rate loans, and then attempting to deny them the benefit of their bargain by more-than-doubling their loan payments.
  • Mitchell v. Acosta Sales, LLC
    • Class Counsel
    • Representing a certified class of Acosta Merchandisers, alleging violations of federal and state labor and employment laws for requiring off-the-clock work and failing to reimburse for required employment expenses.
  • Parker v. DISH Network LLC
    • Class Counsel
    • Representing DISH customers in a national class action lawsuit alleging that DISH unlawfully raised its prices for satellite television services. A class-wide settlement is currently pending.
  • Whitaker v. Health Net of California, Inc.
    • Representing current and former members of Health Net alleging a violation of California patient privacy law prohibiting the unauthorized use, disclosure, and negligent maintenance or preservation of patients' medical information and medical records.
  •  Masco Retail Cabinet Group
    • Representing current and former account representatives of Masco, alleging employment misclassification in violation of the FLSA.   Plaintiffs prevailed at arbitration and are currently in settlement negotiations.
Significant Recoveries
  • Sugarman v. Ducati North America, Inc.
    • Served as class counsel on behalf of a nationwide class of Ducati motorcycle owners. Negotiated extended warranties and improved parts on behalf of a class of 39,000 owners of 2003-2011 Ducati motorcycles with plastic fuel tanks.
  • In Re Mercedes-Benz Tele Aid Contract Litigation
    • Served as co-lead counsel in multi-district litigation alleging that Mercedes-Benz failed to disclose to its customers that the "Tele Aid" equipment installed in their vehicles would soon be obsolete and require an expensive replacement to keep working. Negotiated a class settlement providing for cash reimbursements of $650, or new vehicle credits for up to $1,300.
  • Smith vs. The Regents of the University of California
    • Represented a certified class of current and former patients of the UCSF medical center for unlawful disclosure of confidential medical information. The litigation resulted in a change in UCSF's privacy practices to protect patient information going forward.
  • Collado v. Toyota Motor Sales, U.S.A., Inc.
    • Served as lead counsel in this product liability class action alleging a material defect in the HID Headlight System in certain Prius models. Negotiated class settlement providing for a free warranty extension and cash reimbursements for many class members who paid for headlight repairs.
  • Milano v. Interstate Battery System of America, Inc.
    • Served as interim class counsel representing purchasers of automobile batteries in a breach of warranty action. Negotiated a class-wide settlement providing for significant changes to Interstate's warranty practices and cash reimbursements to class members.
  • Browne v. American Honda Motor Co., Inc.
    • Negotiated a class settlement providing for cash reimbursements of up to $150 for rear brake pad replacement expenses in certain Honda and Acura vehicles.  Total cash recovery of $23 million achieved on behalf of class members. 
  • Parkinson v. Hyundai Motor America
    • Achieved nationwide class certification and settlement providing for cash reimbursements for certain flywheel / clutch parts repairs in 2003 Hyundai Tiburons
  • Refuerzo v. Spansion LLC
    • Negotiated more than $8.5 million in cash settlements on behalf of a certified class of former employees in a class action for violations of the WARN Act
  • Piercy v. NetZero
    • Achieved nationwide class settlement providing cash reimbursements, and changes in billing and account practices
  • Providian Credit Card Cases
    • Achieved one of the largest class action recoveries in the United States arising out of consumer credit card litigation ($105 million)
  • In Re iPod Cases
    • Achieved settlement in California state-court class action alleging material misrepresentations respect to the battery life providing for warranty extensions, battery replacements, cash payments, and store credits to those class members who experienced a battery failure
In the News
http://www.youtube.com/embed/k7P_YIhwluw
Professional Information
Education
  • J.D., Seattle University School of Law, 1995
  • B.A., San Francisco State University, 1992
Memberships
  • Board of Directors, Board of Governors, Consumer Attorneys of California
  • Former co-chair and editor, Quarterly Newsletter for the Class Action Litigation Group, American Association for Justice (AAJ)
  • Member, Case Development/Special Projects Committee, Class Action Preservation Project Committee, Public Justice
  • Member, American Bar Association
  • Member, National Association of Consumer Advocates
  • Member, Alameda County Bar Association
  • Member, San Francisco Trial Lawyers Association
Court Admissions
  • California
  • U.S. Court of Appeals
    • Ninth Circuit
  • U.S. District Court
    • Northern District of California
    • Southern District of California
    • Central District of California
    • Eastern District of California
    • District of Colorado
Publications & Speaking Engagements
50TH ANNUAL CONVENTION, CONSUMER ATTORNEYS OF CALIFORNIA
Important Supreme Court Decisions and their Impact on Class Action Litigation
2011-11-01
DEMOCRATIC ATTORNEYS GENERAL ASSOCIATION, SONOMA, CALIFORNIA
The Future of Consumer Arbitration
2011-09-01
BRIDGEPORT 9TH ANNUAL CLASS ACTION LITIGATION CONFERENCE
Strategic Considerations Under CAFA following Supreme Court’s Rulings in Shady Grove and Purdue
2010 AAJ ANNUAL CONVENTION
Current Issues Arising in Attorney Fee Negotiations, Including Best Practices
CONSUMER ATTORNEYS OF CALIFORNIA 3RD ANNUAL CLASS ACTION SEMINAR
Dealing With Objectors
2009-01-01
CAOC ANNUAL SKI SEMINAR
What is a Class Action?
2008-01-01
CONSUMER ATTORNEYS OF CALIFORNIA 1ST ANNUAL CLASS ACTION SEMINAR
After the Class Action Fairness Act
2007-01-01
LITIGATION SECTION OF THE BARRISTERS CLUB OF THE SAN FRANCISCO BAR ASSOCIATION
Class Certification In Consumer Cases
CONSUMER RIGHTS SECTION OF THE BARRISTERS CLUB OF THE SAN FRANCISCO BAR ASSOCIATION
Successfully Obtaining Attorneys’ Fees Under Fee-Shifting Statutes