Eric H. Gibbs is a partner at Gibbs Law Group and Girard Gibbs LLP 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 (2010-2014) (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.
- 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.
- In Re: Pre-Filled Propane Tank Marketing and Sales Practices Litigation
- Negotiated cash reimbursements of up to $150 per class member for the purchase of allegedly under-filled propane tanks (final approval of the settlement is pending).
- 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
- In Re General Motors Dex-Cool Cases
- Negotiated cash reimbursements from $50 to $800 per class member vehicle repair
- Bacca v. BMW of North America
- Negotiated reimbursement for sub-frame repair expenses and Nationwide Sub-frame Inspection and Repair Program
- Piercy v. NetZero
- Achieved nationwide class settlement providing cash reimbursements, and changes in billing and account practices
- Mitchell v. American Fair Credit Association and Mitchell v. Bankfirst, N.A.
- Generated one of the largest settlements in the United States under the credit services laws (more than $40 million)
- 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
||Eric Gibbs has been consistently honored as a Northern California Super Lawyer (2010-2015), as was named among the Top 100 Super Lawyers Northern California.|
|Eric Gibbs was named among the highest class of attorneys for professional ethics and legal skills with an AV-Preeminent rating by Martindale Hubbell.|
|Eric Gibbs was a finalist for Consumer Attorneys of California’s 2013 Consumer Attorney of the Year|
|Eric Gibbs was selected for inclusion in Best Lawyers Guide for Mass Tort Litigation/ Class Actions, 2012|
Why Is GM’s Free Loaner Car Policy So Hard to Find? , NBC News, April 4, 2014
Acosta Merchandisers Win Conditional Cert. in OT Action, Law360, December 19, 2011
Deal in Interstate Warranty Suit Gets Initial Nod, Law 360, November 22, 2011
Ducati Riders Settle Fuel Tank Class Action, Law360, August 29, 2011
Employees Say Family Video Skimped on OT Pay, Law 360, March 16, 2011
Toyota Settles Class-Action Suit Over Prius HID Headlights, The National Law Journal, January 10, 2011
Samsung Hit with Class Action Over Faulty HDTVs, Law360, October 22, 2010
Honda Settles Class-Action Suit Over Brakes New York Times, April 6, 2010
Mercedes Bid to Decertify Tele Aid Class Denied, Law360, March 16, 2010
Toyota Prius Headlamp Troubles Could Dim Brand’s Reputation Auto Week, July 1, 2009
Laid-off Spansion employees outraged over execs’ pay increases San Jose Mercury News, February 26, 2009
Consumer Class Actions in the Wake of Daugherty v. American Honda Motor Company CAOC Forum, January/February 2009
GM settles lawsuits over engine coolant problems Reuters, March 27, 2008
Dex Cool Settlement: Interview with Eric Gibbs Lawyers and Settlements, March 27, 2008
GM settling suits over engine coolant Associated Press (via Forbes), March 26, 2008
- 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.
- Smith v. Family Video Movie Club, Inc.
- Representing Family Video hourly retail employees in a class and collective action lawsuit alleging a failure to pay overtime wages.
- In Re: Actos Product Liability Litigation
- Representing individuals who were injured after taking the diabetes drug Actos.
- 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.
- In Re: Musical Instruments and Equipment Antitrust Litigation
- Lead-Liaison Counsel
- Representing consumers and direct purchasers in multi-district class action alleging price fixing of retail prices of guitars and guitar amplifiers.
- 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.