Eric H. Gibbs

Partner

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;
American Association for Justice;
Public Justice;
National Association of Consumer Advocates;
National Employment Lawyers Association;
Consumer Attorneys of California;
Alameda County Bar Association;
San Francisco Trial Lawyers Association

Eric H. Gibbs specializes in the prosecution of consumer and employment class actions. Mr. Gibbs has served as court-appointed lead counsel, class counsel and liaison counsel in numerous class actions throughout the United States.

He has successfully prosecuted more than 50 class action matters, including 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. Some of the recent cases in which Mr. Gibbs served as court appointed class counsel and achieved favorable results for class members include In Re: Pre-Filled Propane Tank Marketing and Sales Practices Litigation (negotiated cash reimbursements of up to $75 per class member for the purchase of allegedly under-filled propane tanks- Court approval pending), Browne v. American Honda Motor Co., Inc., (negotiated class settlement providing for cash reimbursements of up to $150 for rear brake pad replacement expenses in certain Honda and Acura vehicles), 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), and Piercy v. NetZero (achieved nationwide class settlement providing cash reimbursements, and changes in billing and account practices).

Mr. Gibbs currently serves as Court-appointed co-lead counsel in In Re Mercedes-Benz Tele Aid Contract Litigation, 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. He currently serves as lead counsel in Smith vs. The Regents of the University of California, where he represents a certified class of current and former patients of the UCSF medical center for unlawful disclosure of confidential medical information. He was appointed as interim class counsel on the Plaintiffs’ Executive Committee in the In re Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation, 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. Mr. Gibbs also serves as co-lead counsel in De La Cruz v. Masco Retail Cabinet Group, a class action brought on behalf of current and former account representatives of Masco, alleging employment misclassification in violation of the FLSA. He represents Toyota Prius drivers and lessees in Collado v. Toyota Motor Sales, U.S.A., Inc., a product liability class action alleging a material defect in the HID Headlight System in certain Prius models. He also serves as interim class counsel in Milano v. Interstate Battery System of America, Inc., representing purchasers of automobile batteries in a breach of warranty action.

Other significant consumer class actions 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); 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), Roy v. Hyundai Motor America (negotiated 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), Paul v. HCI Direct (achieved nationwide class certification and settlement on behalf of consumers charged for merchandise they allegedly did not knowingly order), Kim v. BMW of North America (negotiated nationwide class settlement providing for notification program and free vehicle repair related to passenger-side airbags), In re LookSmart Litigation, a nationwide class action settlement providing cash and benefits valued at approximately $20 million; and 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.

Mr. Gibbs has lectured on consumer class actions, including as a featured speaker addressing Strategic Considerations Under CAFA following Supreme Court’s Rulings in Shady Grove and Purdue at the Bridgeport 9th Annual Class Action Litigation Conference; Current Issues Arising in Attorney Fee Negotiations, Including Best Practices at the 2010 AAJ Annual Convention; Dealing With Objectors at the Consumer Attorneys of California 3rd Annual Class Action Seminar; What is a Class Action? at the CAOC Annual Ski Seminar; After the Class Action Fairness Act at CAOC’s 1st Annual Class Action Seminar; Class Certification In Consumer Cases for the Litigation Section of the Barristers Club of the San Francisco Bar Association; and Successfully Obtaining Attorneys’ Fees Under Fee-Shifting Statutes for the Consumer Rights Section of the Barristers Club of the San Francisco Bar Association. Mr. Gibbs is the co-author of Consumer Class Actions in the Wake of Daugherty v. American Honda Motor Company, CAOC’s Forum Magazine, January/February 2009.

Mr. Gibbs was selected for inclusion in Northern California Super Lawyers in 2010 and 2011, and has earned an AV-Preeminent rating from Martindale-Hubbell, recognizing him in the highest class for professional ethics and legal skills. Mr. Gibbs is the co-chair and editor of the Quarterly Newsletter for the Class Action Litigation Group of the American Association for Justice (AAJ), and is a member of the Board of Governors of the Consumer Attorneys of California. He is a member of Public Justice, serving on the Case Development/Special Projects Committee and the Class Action Preservation Project Committee. He is also a member of the American Bar Association, the National Association of Consumer Advocates, the National Employment Lawyers Association, the Alameda County Bar Association, and the San Francisco Trial Lawyers Association.

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. He is a member of the California Bar.