Class Action Defense
Tyler handles the full range of consumer fraud class actions that food and beverage companies face — everything from cases about nutrient content and flavor statements to sustainability and animal welfare claims to heavy metal and contaminant cases. Tyler applies his regulatory knowledge, class action capabilities and practical judgment to craft winning litigation and business strategies for his clients. Tyler co-leads the firm’s food class action team.
Tyler’s representative class action experience includes:
- Winning dismissal of more than half a dozen putative class actions challenging vanilla-flavored food products
- Serving as national counsel for a baby food company in class actions related to heavy metals
- Winning dismissal of two class actions challenging the labeling of beef products as “Products of the USA,” and successfully defending that victory on appeal in the Tenth Circuit
- Winning motion to dismiss class action alleging presence of heavy metals in baby food for failure to plead a cognizable injury
- Achieving favorable class settlement in case challenging nutrient content claims on protein products shortly after Ninth Circuit granted 23(f) petition and granted immediate appellate review of class certification order
- Compelling individual arbitration of putative class action related to COVID-19
- Defending numerous putative class actions challenging “honey”-flavored food products
- Resolving class actions by negotiating and implementing favorable class settlements
Food Company Litigation
In addition to consumer fraud class actions, Tyler represents food and beverage companies in a wide variety of litigation matters, including disputes with activist nonprofit groups, disputes with suppliers and customers, government investigations, trade secret matters and litigations related to product recalls.
Tyler’s representative complex food litigation experience includes:
- Defending numerous food companies against complaints brought by activist groups under the District of Columbia’s Consumer Protection Procedures Act
- Winning dismissal of a public nuisance claim brought by an activist group against a Maryland slaughterhouse
- Defending supplier in commercial action for damages resulting from a recall caused by contamination of an ingredient used in dog food
Tyler maintains a robust and longstanding pro bono practice. He is currently leading a team of attorneys representing a death-row inmate in challenging his sentence. Tyler has also led teams that have obtained asylum for numerous refugees, helped parents regain custody of their children, and won disability benefits for military service members.
Tyler spends his spare time visiting zoos and museums with his wife and two children. A native Minnesotan, Tyler enjoys camping, canoeing and being outdoors.