Fazio | Micheletti LLP is a boutique law firm that specializes in complex civil litigation.  

For more than two decades, we have served as lead and co-lead counsel in major class actions involving the sale of defective products, false advertising, fraud, and other breaches of duty committed by some of the world's largest companies. In addition, we represent individuals and business entities in high-stakes derivative suits and individual cases.  

Fazio | Micheletti has taken on, and beaten, some of the best attorneys and largest law firms in the country because we have the experience, skill, and creativity to win with integrity

-- and our track-record proves it.

For more than 20 years, our cases have made headlines in print and electronic media throughout the United States, examples of which are listed below.



Toyota must continue to fight in court all of a proposed consumer class action that claims its hybrid Prius cars were prone to stalling, a California federal judge ruled Tuesday, shutting down the automaker's bid to have the claims from two plaintiffs pushed to arbitration.. . . .

Dina E. Micheletti, counsel for the drivers, told Law360 on Wednesday that she was pleased the court "correctly applied the law to quash Toyota's attempt to deny our clients their day in court. . . . This is an important victory, not only for our clients, but for all consumers who may have cause to sue Toyota for whatever reason," she said.

Toyota has issued a recall for 267,000 Prius vehicles, including the 2013 to 2015 Prius and 2014 to 2017 Prius V, due to the risk of the vehicles losing power and stalling, increasing the risk of a crash. There are nearly 12,000 more in Canada that are also affected by the recall. . . .

A recent tire recall class action lawsuit claims that Walmart fails to properly inform customers when their tires are recalled by manufacturers.


Plaintiff Fletcher Dozier Jr. argues that he and other consumers could not have been informed of a tire recall affecting their purchased tires because Walmart fails to properly register their consumers.


As a result, if their tires are recalled by a manufacturer, they are unable to learn of the issue as required by federal law. . . . 

Toyota has attempted to block a class action lawsuit alleging that some Priuses possess a defect that causes the vehicles to stall. 

According to the car manufacturer, the customers’ claims should be handled out of court. Toyota alleges that two customers who had brought claims forward in the Prius class action lawsuit signed arbitration agreements that prevented them from suing. . . .

[Note: Co-lead counsel, Fazio | Micheletti LLP and Miller Barondess LLP, will oppose Toyota's attempt to prevent Prius owners from having their claims heard by a jury in a brief they will file by July 31, 2020. The motion will be heard on August 21, 2020.]

Toyota can’t escape a class action lawsuit alleging certain models of its popular Prius hybrid vehicles contain a defect that causes them to stall.

The plaintiffs contend that Toyota knew of the defect because it had manifest in earlier 2005 models; however, Toyota argues that it was a different defect that caused stalling in the 2010 through 2014 Priuses.

. . . .

Jevdet Rexhepi of Los Angeles said in the Wednesday complaint that Prius hybrids from model years 2010 to 2016 contain a defect that causes the intelligent power module to be dangerously inclined to fail, creating a grave risk that the engine will stall during high-speed travel. Toyota Motor Sales Inc. recalled the cars in 2014, characterizing it as a “warranty enhancement program,” to fix the problem, Rexhepi said. . . . 

Rexhepi is represented by Jeffrey Fazio of Fazio Micheletti LLP, Charles La Duca of Cuneo Gilbert & LaDuca LLP . . . .

Lawyers at Fazio | Micheletti in San Ramon and DiCello Levitt & Casey in Chicago have asked U.S. Magistrate Judge Nathanael Cousins of the Northern District of California to bar Apple

from destroying or altering any battery, iPhone, or diagnostic data it obtains in connection with a program to replace defective lithium-ion batteries at a discount. . . .

One of the lawsuits, filed Thursday in San Francisco, said that “the batteries’ inability to handle the demand created by processor speeds” without the software patch was a defect. 


“Rather than curing the battery defect by providing a free battery replacement for all affected iPhones, Apple sought to mask the battery defect,” according to the complaint. 


The plaintiff in that case is represented by attorney Jeffrey Fazio, who represented plaintiffs in a $53-million settlement with Apple in 2013 over its handling of iPhone warranty claims.

A lawyer for Michael Jackson's estate urged a judge Wednesday to reject claims by four people who insist they had interests in a company the singer created before his death, insisting the superstar was the entity’s sole owner.

Lawyers for Qadree El-Amin, Broderick Morris, Raymone Bain and Adean King said their clients collectively own about 15 percent of the Michael Jackson Co. under a 3 a.m. deal Jackson made with them in a Tokyo hotel room on June 1, 2006. . . . 

Michael Jackson's mother Katherine Jackson has filed legal paperwork to join a lawsuit against the executors of the King of Pop’s estate over a stake of ownership in the Michael Jackson Company.


In the initial lawsuit, which has occupied the courts since 2013, former Jackson associates Broderick Morris, Qadree El-Amin, Adean King, and Raymone Bain claim that the singer promised them a combined 15-percent stake in his company.

While Katherine Jackson has a 10-percent ownership and the role of officer in the Michael Jackson Company following her son’s 2009 death, in a motion filed to the California Superior Court in early-February, she asserts that important estate matters have been made without her input. . . .

San Francisco Chronicle, October 26, 2001

Owners of millions of Ford Motor Co. vehicles will be reimbursed for replacing an ignition device prone to cause stalling, at a cost to the automaker that could reach $2.7 billion, according to a settlement approved yesterday in Alameda County. 


Under the agreement, current owners of 29 models of Ford, Lincoln and Mercury vehicles who later report a failure with the device can have it replaced for free in vehicles with fewer than 100,000 miles. 


The settlement approved by Superior Court Judge Michael Ballachey would nullify his preliminary recall order last year of about 2 million cars in California with the ignition device. It does not affect any wrongful-death or injury lawsuits filed over the defect.

ABC News, October 11, 2001

In an unprecedented move, a state judge ordered the recall of as many as 1.7 million Ford cars and trucks today, accusing the automaker of “concealment of a dangerous condition.”


It was the first time a judge in the United States had ordered a car recall.


The Alameda County judge said Ford knew the vehicles were prone to stalling, especially when the engine was hot, but failed to alert consumers.

Wired, April 13, 2013

Apple is agreeing to pay $53 million to settle a class action accusing the company of failing to honor warranties on iPhones and iPod Touches, according to an agreement obtained today by Wired.

Wall Street Journal, May 28, 2013

In documents filed with the United States District Court for the Northern District of California Tuesday, class-action attorneys said the money from Apple would be placed in a fund to be shared by roughly 153,000 customers who had been denied warranty coverage under an Apple policy associated with handling water damage. The papers seek court approval of the proposed settlement. . . .

More recently, the company was criticized by China's state-run media for its replacement and repair process for the iPhone. Two of the country's most powerful media companies accused Apple of skirting warranty periods, discriminating against Chinese customers and inadequately responding to complaints. In April, Tim Cook, Apple's chief executive, apologized in a letter on the company's website and promised a revamp of its customer-service policies in the country.

Some Owners of Older iOS Devices Receiving Up to $300 in Liquid Damage Indicator Settlement

Owners of several different iPhone models have reported receiving checks for $251.55, with some reporting amounts as high as $300 while others have received smaller amounts for affected iPod touch units. . . .

Top 5 Class Action Lawsuit Settlements of 2014

The $53 million cash settlement Fazio | Micheletti LLP negotiated with Apple is No. 2 in a list of the Top 5 class-action settlements in all of 2014.

The Washington Post, August 15, 2008

Under a settlement announced yesterday, the privately held Airborne Health, based in Bonita Springs, Fla., will add $6.5 million to funds it has already agreed to pay to settle a related class-action lawsuit. That suit, which alleged that Airborne falsely claimed its products could cure or prevent colds, was settled earlier this year for $23.5 million. Consumers who bought Airborne products between 2001 and 2008 have until Sept. 15 to apply for a refund for as many as six purchases, the FTC said. Claims will be paid by Oct. 15, 2008, the company said in a statement.

Comedy Central, March 13, 2008

Steven Colbert discusses the $23.3 million settlement of our class action against Airborne.

Los Angeles Times, November 15, 2005

Automaker Volvo will extend the warranty on defective throttle mechanisms in about 356,000 cars in the U.S. and Canada under an agreement reached with California air quality regulators, officials said Tuesday.


The deal will expand warranty coverage to 10 years or 200,000 miles on the electronic throttle module of certain 1999-2002 model year cars that have been prone to stalling and costly repairs. Under California law, such emissions-related components are normally covered for seven years or 70,000 miles, whichever comes first.


Under the agreement with the California Air Resources Board, Volvo also has pledged to reimburse owners who have paid to clean the module or spent as much as $1,000 to replace it.

The Washington Post, November 16, 2005

Ford Motor Co.'s Volvo subsidiary has quietly reached a deal with California regulators to extend the warranty of defective throttles in about 356,000 vehicles in the United States and Canada that are prone to stalling, the company said Tuesday.


The car maker will extend the warranty of the ETM throttle, which can become corroded and force the car to stall or slowdown, according to internal memos obtained by The Associated Press and later confirmed by the company.


The warranty will be expanded to 200,000 miles, or 10 years. The warranty now offers protection for up to seven years, or 70,000 miles.

Reckitt Hit With Suit Over Krill Oil Health Claims

Aug. 12, 2015, Law 360 News

Reckitt Benckiser Group PLC and its subsidiary Schiff Nutrition International, Inc. misled consumers into believing that a krill oil dietary supplement had greater cardiovascular benefits than it actually did, according to a proposed class action filed in California federal court on Tuesday. 

The complaint alleges that Schiff, a division of Reckitt following a 2012 merger, made claims that an omega-3 fatty acid dietary supplement marketed as MegaRed would help prevent heart disease. However, the U.S. Food and Drug Administration has allegedly condemned such advertisements, describing claims about omega-3’s health benefits as “false and misleading.”

LegalNewsline, August 20, 2015

A California man is suing Schiff Nutrition International Inc. and Reckitt Benckiser LLC for allegedly advertising that its dietary supplements help reduce the risk of coronary heart disease when they don’t provide those benefits. 

Courthouse News, October 5, 2012

Petaluma Egg Farm, which produces and markets Judy's Family Farm Eggs, allegedly leads consumers to believe that its chicks and hens roam free "in a bucolic environment that is reminiscent of days gone by."
     One version of the packaging states that "the hens that produce these eggs are raised free of cages and can 'run, scratch and play' in the fresh air of Sonoma Valley," according to the complaint. The packaging also allegedly says that the hens have "access to the outdoors and enjoy large communal areas with natural ventilation and sunlight."
     In reality, however, the animals actually spend their lives in "modern, barren industrial sheds with no grassy fields and no outdoor access," the complaint states. . . .

ABC News, March 3, 2008

People who have taken the herbal formula Airborne with the hope of curing or fending off the common cold are eligible for refunds from the company.


Airborne will pay $23.3. million to settle a class action lawsuit over false advertising. Legal battles beginning in 2006 called into question the product's claims as a "miracle cold buster."


"You can say your product prevents or cures the common cold if you have data to support that," said Ronald Turner, professor of pediatrics and associate dean for clinical research at the University of Virginia School of Medicine. "What happened with Airborne is that they made the claim, but had no data."

Wall Street Journal, April 15, 2008

The company that promoted the dietary supplement Airborne as a “miracle cold buster” yesterday cut a deal with the feds, agreeing to pay up to $30 million to settle charges that it didn’t have evidence to back up its advertising claims.


“There is no credible evidence that Airborne products, taken as directed, will reduce the severity or duration of colds, or provide any tangible benefit for people who are exposed to germs in crowded places,” the Director of the FTC’s Bureau of Consumer Protection said in a statementyesterday.

PR Newswire, March 19, 2012

Following extensive discovery, litigation, and mediation, the Individual Defendants and their insurer have agreed to (1) pay a total of $1,450,000 ("Settlement Fund"), which shall be used to compensate Pegasus, pay the attorney fees and expenses Plaintiff's counsel incurred as a result of prosecuting the case, and pay an incentive award to Plaintiff in amounts to be approved by the Court, and (2) to pay up to an additional $50,000 in notice/administration costs (with any costs in excess of $50,000 to be paid from the Settlement Fund). 

San Francisco Chronicle, July 8, 2004

Two EBay customers have filed a class-action lawsuit against the San Jose Internet auction giant over billing problems, claiming that their accounts were double-billed and that total charges were improperly rounded up. 

The lawsuit, filed Friday in Santa Clara County Superior Court, accuses EBay of acknowledging the existence of billing glitches and then later "denying that customers were adversely affected at all." 


The suit, alleging conversion, negligence and violations of the unfair competition law, was filed by Robert Cerreta, 57, of West Palm Beach, Fla., and Nancy Spaulding, 47, of North Ridgeville, Ohio, on behalf of other EBay users affected by the situation.

EcommerceBytes.com, April 25, 2006

eBay sellers Nancy Spaulding and Robert Cerreta filed a class-action lawsuit against eBay over billing glitches that plagued the site in 2004. But according to Spaulding, they were dropped from the case after eBay fixed their accounts. She said it's not fair that eBay did nothing to fix the billing glitches in 2004, and only fixed accounts for those members who sued the company in order to avoid a class-action lawsuit.

The Auto Channel, November 5, 2005

Victims of auto crashes are no longer forbidden from seeing, discussing, and questioning auto industry expert witness Robert Gratzinger about a scathing court decision finding that Gratzinger and the American Honda Motor Company (Honda) "deliberately" destroyed evidence in a high-stakes auto safety case. 


The blistering court decision, which sanctioned Honda for trying to "win by cheating," was unsealed in a legal challenge by the national public interest law firm Trial Lawyers for Public Justice (TLPJ). The decision finds Honda and Gratzinger "wrongfully and intentionally altered the most significant physical evidence in the case.". . .


TLPJ Cooperating Counsel Dina Micheletti of Fazio I Micheletti in Pleasanton, California, said, "We're delighted that Judge Garbolino has affirmed the importance of protecting the public's First Amendment right of access to court records. His compassion for Sarah Davis and his outrage at the behavior of Honda's expert witness and Honda itself are very evident in the unsealed sanctions decision."

The Wall Street Journal, June 29, 1998

Federal safety regulators reprimanded Ford Motor Co. for withholding from investigators crucial information about a serious stalling problem in millions of cars and light trucks.


The National Highway Traffic Safety Administration ruled that the auto maker failed to turn over six important documents during the mid-1980s, when its Office of Defects Investigation conducted three inquiries into complaints about a faulty ignition module that caused vehicles to stall at high speeds. Each investigation was closed at...

New York Times, September 16, 1997

Despite safety concerns about millions of its cars and light trucks, the Ford Motor Company withheld information from Federal regulators about an engineering defect that can cause the vehicles to stall at high speeds, documents filed in a lawsuit here suggest.


A former senior official of the Federal agency charged with monitoring automotive safety described the case as the most serious example he had ever seen of a manufacturer's failure to produce internal documents at the request of Government investigators.

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