Eric H. Gibbs

• 415.981.4800
• ehg@girardgibbs.com
• DOWNLOAD VCARD

Education
• J.D., Seattle University School of Law, 1995.
• B.A., San Francisco State University, 1992

Admissions
• California;
• United States Court of Appeals for the Ninth Circuit;
• United States District Courts for the District of Colorado, and the Northern, Southern, Eastern, and Central Districts of California

Memberships
• American Bar Association;
• Association of Trial Lawyers of America;
• National Association of Consumer Advocates;
• Consumer Attorneys of California;
• Alameda County Bar Association;
• San Francisco Trial Lawyers Association

Eric H. Gibbs specializes in the prosecution of consumer class actions. Mr. Gibbs has served as court-appointed lead counsel, class counsel and liaison counsel in numerous consumer class actions throughout the United States. He has successfully prosecuted over 50 consumer class action matters, including cases involving defective products, telecommunications, credit cards, unfair competition, false advertising, truth-in-lending, product liability and credit repair under both state and federal consumer protection statutes. Mr. Gibbs has recently acted as court appointed class counsel in the following matters:

In Re General Motors Dex-Cool Cases. In these class action lawsuits filed throughout the country, plaintiffs alleged that General Motors’ Dex-Cool engine coolant caused damage to certain vehicles’ engines, and that in certain other vehicles, Dex-Cool formed a rusty sludge, which caused the vehicles’ cooling systems to overheat. After successfully certifying consumer classes in both Missouri and California, General Motors agreed to pay cash reimbursements to class members ranging from $50 to $800. The settlement has been preliminarily approved by a California court and is set for final approval in August 2008.

In Re Ipod Cases. Mr. Gibbs filed this action on behalf of approximately two million Apple iPod owners alleging that Apple made material misrepresentations and omissions in its advertising regarding the lifespan of the iPod’s battery. In August 2005, the Honorable Beth Labson Freeman presiding approved a nationwide class settlement that provided warranty extensions, battery replacements, cash payments, and store credits to those class members who experienced a battery failure. In approving the settlement, Judge Freeman said that the class was represented by “extremely well qualified” counsel who negotiated “a significant and substantial benefit to the class members as a result of the settlement of this case.”

Roy v. Hyundai Motor America. In this class action suit brought on behalf of Hyundai Elantra owners, the court approved a nationwide class settlement providing for the repair of allegedly defective passenger-side airbags, reimbursement for transportation related expenses, and an alternative dispute resolution program allowing for trade-ins and buy-backs. In approving the settlement negotiated by Mr. Gibbs as co-lead class counsel, the Honorable Alicemarie H. Stotler presiding described the settlement as “pragmatic” and a “win-win” for all involved.

Fantauzzo v. Razor. Where plaintiffs alleged that defendant marketed and sold electric scooters with defective stopping mechanisms, the court approved a nationwide class action settlement providing for, among other things, a recall of the potentially defective electric scooters.

Paul v. HCI Direct. In this case, the plaintiffs alleged that the defendant’s marketing practices were unfair and deceptive, resulting in hundreds of thousands of people paying for merchandise they did not knowingly order. Mr. Gibbs was instrumental in obtaining class certification and in defeating the defendant’s petitions for writ before the California Court of Appeal and the California Supreme Court. The parties have negotiated a class wide settlement which has received preliminary approval.

In Re Girls Gone Wild Litigation. In a case alleging the marketing practices related to defendants’ continuity billing program were unfair and deceptive, the court certified a class of more than 1 million people. The California Court of Appeal denied defendants’ writ petition.

Schroeder v. Hyundai Motor America. In a disputed Rule 23(g) motion, the Honorable Alicemarie H. Stotler appointed Mr. Gibbs co-lead interim class counsel. Plaintiffs’ allege, among other things, that Hyundai breached its warranty and engaged in unfair and deceptive practices by selling consumers Hyundai Tiburons with defective flywheels. Plaintiffs’ consolidated amended complaint is due in early September 2006.

Other consumer class actions resulting in favorable settlements for class members in which Mr. Gibbs acted in a leadership role include, Mitchell v. American Fair Credit Association and Mitchell v. Bankfirst, N.A., which generated one of the largest settlements in the United States under the credit services laws (over $40 million); Providian Credit Card Cases, which resulted in one of the largest class action recoveries in the United States arising out of consumer credit card litigation ($105 million); and In re LookSmart Litigation, a nationwide class action settlement providing cash and benefits valued at approximately $20 million.

Mr. Gibbs is a 1995 graduate of the Seattle University School of Law. He received his undergraduate degree from San Francisco State University in 1991. Before joining Girard Gibbs, he worked for two years as a law clerk for the Consumer Protection Division of the Washington Attorney General’s Office. Mr. Gibbs has lectured on consumer class actions, including most recently as a featured speaker for the Litigation Section of the Barristers Club of the San Francisco Bar Association concerning, “Class Certification In Consumer Cases” (2006) and for the Consumer Rights Section of the Barristers Club of the San Francisco Bar Association concerning, “Successfully Obtaining Attorneys’ Fees Under Fee-Shifting Statutes” (2004).

Mr. Gibbs is admitted to the California Bar. He also is admitted to practice before the United States Court of Appeals for the Ninth Circuit, as well as the United States District Courts for the District of Colorado and the Northern, Eastern, Central and Southern Districts of California. Mr. Gibbs is a member of the American Bar Association, the Association of Trial Lawyers of America, the National Association of Consumer Advocates, the Consumer Attorneys of California, the Alameda County Bar Association, and the San Francisco Trial Lawyers Association.