Jessica R. Maziarz

Class Actions

• One of the United States’ largest food and beverage companies won dismissal and summary judgment in state and federal class actions, primarily based on California’s consumer protection statutes, alleging mislabeling of coconut water products it sold.
• A nonjudicial mortgage foreclosure trustee owned by one of the largest U.S. banks won a dismissal, affirmed in a precedential opinion by a unanimous Nevada Supreme Court, of a putative class action alleging consumer fraud that sought to subject the trustee to conflicting statutory regimes — one directed to deeds of trust and the other designed to regulate collection agencies.
• Several managed-care organizations, in a series of class and individual actions stemming from the largest hepatitis C outbreak in memory, succeeded in eliminating many actions on legal grounds, including Medicare and ERISA preemption, reflected in several published Nevada Supreme Court opinions, and leading to resolution of the remainder of the individual actions.

Antitrust Litigation

• A universally recognized guitar and amplifier manufacturer, facing governmental and follow-on hub-and-spoke conspiracy allegations, achieved a dismissal of all claims and precedential affirmance by the Ninth Circuit Court of Appeals.
• A hospitality industry client was defended in an International Centre for Dispute Resolution arbitration relating to claims of breach of an asset purchase agreement.

Commercial Litigation & Arbitration

• A sports conference, facing claims of strict liability and negligence by a former player who suffered catastrophic injuries, obtained the ultimate sanction of dismissal of all of the player’s claims, for repeated discovery violations by plaintiff’s counsel.
• A large retailer secured summary judgment and a large fee award in a lawsuit brought by an HVAC company seeking multiple millions in damages based on claims for breach of contract, breach of the covenant of good faith and fair dealing, and promissory estoppel.