Philip A. Leider
Partner
PRACTICE AREAS
Class & Representative Actions,
Business Litigation,
Appeals & Writs,
Product Liability
Philip A. Leider is a partner with broad experience litigating matters for clients in state and federal courts. He has successfully represented clients in business cases (fraud, breach of contract, unfair competition, antitrust, intellectual property), civil rights, product liability, personal injury and insurance matters, and related writs and appeals.
Mr. Leider has developed particular expertise in litigating consumer class actions and alleged violations of California's Unfair Competition Law, Business & Professions Code Section 17200 (commonly known as the "UCL" or "Section 17200"). Mr. Leider has defeated class certification and obtained summary judgments in UCL cases, and he has represented clients in bench and jury trials. He regularly speaks at conferences and publishes articles on developments in class action and Section 17200 practice.
Mr. Leider is an active member of the ABA's Class Actions & Derivative Suits committee and the State Bar of California's Antitrust & Unfair Competition Section. He is also a past President and serves on the Board of Directors of the Sarcoma Alliance, a nonprofit organization providing guidance, education and support to the sarcoma cancer community. After graduating from law school, Mr. Leider clerked for Judge Charles Legge of the U.S. District Court for the District of Northern California and Chief Judge Mary Schroeder of the U.S. Court of Appeals for the Ninth Circuit. Mr. Leider also spent a year working on the trial team of the San Francisco City Attorney, where, among other things, he represented San Francisco in a variety of trial and appellate matters and played a role in the groundbreaking litigation securing equal marital rights for gays and lesbians in California.
Mr. Leider graduated from Yale University, School of Humanities, magna cum laude, with a B.A. in Literature. He received his M.A. from the University of California, Irvine, Graduate School of Humanities in English and Comparative Literature. Mr. Leider received his J.D. from the University of California, Berkeley, School of Law, and served as the Articles Editor for the California Law Review and President of the Health Care Law Society.
REPRESENTATIVE CASES
- Tia Pope Hudson, et al., v. Spectra-Physics, Inc., et al. Superior Court of California, Santa Clara County. Defending laser manufacturer and its successor-in-interest in tort case where plaintiffs allege that they and their unborn children suffered injuries as a result of exposure to toxic chemicals in and around "clean rooms." Demurrer pending.
- Janet Skold v. Intel Corp. Superior Court of California, County of Santa Clara. Defended Intel in putative nationwide class action alleging that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors. The trial court denied three motions for class certification, finding that individual issues would predominate.
- In re Air Crash Disaster over the Mid-Atlantic on June 1, 2009. U.S. District Court for the Northern District of California. Defended Intel Corporation in multi-district litigation alleging that defects in Intel microprocessors contributed to downing of Air France Flight 447 off the coast of Brazil. Motion to dismiss on forum non conveniens grounds granted.
- Robin Berkoff v. Masai USA Corp., et al. U.S. District Court for the Central District of California. Represented defendant manufacturers and distributors in class action lawsuit alleging false advertising of health benefits provided by footwear. Motion to dismiss granted with leave to amend.
- Intel Notebook Battery Life Class Actions. U.S. District Court for the Northern District of California. Defended Intel Corporation in consolidated class actions alleging that Mobile Mark® 2007, a benchmark suite developed by an industry consortium, overstates the battery life that users of notebook computers are likely to realize. Plaintiff's motion for class certification voluntarily withdrawn after full briefing, defendants' motion to dismiss granted on remaining individual claims.
- Reginald Philips v. Farmers Insurance Exchange. Superior Court of California, County of San Diego. Represented defendant in putative class action alleging violation of the “make whole” rule in claims for reimbursement of medical payments. Case dismissed after decision on related case in California Supreme Court.
- Jerome Kevin McCall v. Ameriquest Mortgage Co. Superior Court of California, County of Los Angeles. Represented mortgage lender in putative class action alleging fraud and unfair business practices in the subprime mortgage industry. Motion for summary judgment granted on all claims.
- County of Alameda, et al., v. Judicial Council of California, et al. Superior Court of California, County of San Francisco. Defended the Judicial Council of California, the Administrative Office of the Courts, and various judicial and other state officers against breach of contract and equitable claims concerning payments for court security services. The trial court sustained defendants’ demurrers as to several claims and granted summary judgment as to the remaining claims.
- Belisario Bolanos, et al., v. Chiron Corporation, et al. Superior Court of California, County of Alameda. Represented biotech company and its successor-in-interest in a personal injury lawsuit alleging that contaminated influenza vaccine caused plaintiff to suffer severe neurological disorder.
- Joseph Abouab v. City & County of San Francisco. Superior Court of California, County of San Francisco. Represented City and County of San Francisco in opposing multi-million dollar motion for "private attorney general" fees. Motion for attorney’s fees denied, order affirmed on appeal, petition for review denied. See 141 Cal. App. 4th 643 (2006).
- Karen Moe Humphreys v. Regents of the University of California, et al. U.S. District Court for the Northern District of California. Obtained dismissal of gender discrimination claims against former university athletic director.
- Jimmy Lendo v. The Boeing Company, et al. U.S. District Court for the Northern District of California. Defended aircraft manufacturer in wrongful death and personal injury action arising from the crash of Adam Air Flight DHI-574 en route from Surabaya, Indonesia to Manado, Indonesia in January 2007.
- Quincy Watts v. Farmers Group, Inc., et al. Superior Court of California, County of Los Angeles. Represented defendant in putative class action alleging "lowballing" of claims for uninsured motorist benefits. Action dismissed with prejudice.
- Matthew Wayne, et al., v. Biogen Idec., et al. U.S. District Court for the Northern District of California. Represented defendant Biogen Idec in putative class action seeking medical monitoring for recipients of multiple sclerosis drug. Action voluntarily dismissed with prejudice.
- Sarah Perez, et al., v. State Farm Mutual Automobile Insurance Co., et al. U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the Northern District of California. Represented insurance carrier in putative class action alleging antitrust conspiracy to specify inferior aftermarket parts in auto repairs.
- State of California, ex rel. RoNo, LLC v. Altus Finance S.A., et al. U.S. District Court for the Central District of California. Represented defendant Apollo Advisors, L.P. and various other individuals and entities in qui tam action prosecuted by the California Attorney General under the California False Claims Act and other statutes alleging improprieties related to the 1991 insolvency of Executive Life Insurance Company. Plaintiffs sought $2 billion in compensatory damages, subject to trebling, and extensive civil penalties. The District Court granted defendants’ motion to dismiss. On appeal, the Ninth Circuit referred various questions of state law to the California Supreme Court, and the California Supreme Court held that most of the claims failed as a matter of law. See 36 Cal. 4th 1284 (2005). Plaintiffs dismissed the remaining claims voluntarily.
- In re Proposition 8 Cases. California Supreme Court. Represented amici curiae Human Rights Watch and affiliated parties in opposition to Proposition 8, which denies marriage equality to same-sex couples.
CONTACT
phone: (415) 352-3000
fax: (415) 352-3030
pleider@chapop.com
Selected Publications
"UCL Class Prospects Still Hazy After Tobacco II" CADS Report: Class Action and Derivative Suits Newsletter Vol. 21, No. 2 (Winter 2011).
Recent Presentations
Moderator, Bar Association of San Francisco MCLE panel, "'Reasonable' and 'Necessary' Medical Expenses: Litigating Healthcare Charges in the Age of Managed Care" (September 28, 2011).
Participant, "California Lawyer Roundtable: Class Action" (July 2011).
Participant, "California Lawyer Roundtable: Consumer Class Actions" (November 2009).
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