Gregory B. Koltun

Partner | Los Angeles
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(213) 892-5551

Experience

Won motions to dismiss in series of high-stakes billing class actions (some part of Multi-District Litigation) and related qui tam action under the federal False Claims Act, all of which were upheld on appeal.

Won motion to compel individual/non-class arbitration on behalf of Fortune 50 client, in nationwide consumer class action alleging overbilling on services. Order upheld on appeal.

Won motion to dismiss without leave to amend for Fortune 50 company in nationwide antitrust class action that alleged that client unlawfully tied the sale of loss/damage protection to the sale of ground transportation services. No appeal filed.

Won dismissal with prejudice of putative nationwide class action for our Fortune 50 client alleging unfair business practices for requiring customers to seek billing adjustments for packages that they processed for shipment but decided not to ship. No appeal filed.

With hundreds of millions of dollars at stake, won dismissal with prejudice of nationwide class action complaint on the first motion to dismiss in case involving cutting-edge preemption issues arising from the collection of late-payment fees that allegedly exceeded the amounts allowable under state law. No appeal filed.

Won dismissal with prejudice in 51 separate nationwide class actions, which were combined into one MDL proceeding in the Northern District of Georgia. Plaintiffs alleged that defendants conspired to set fuel surcharge levels on “Less Than Truckload” shipments. On behalf of our Fortune 50 client, we obtained a stay of discovery and moved to dismiss the complaint on the ground that plaintiffs had not alleged facts to establish a conspiracy under the standards set forth by the Supreme Court in Twombly v. Bell Atlantic. The court granted the motion to dismiss and set a very high standard for any subsequent amendment. The plaintiffs concluded that they could not meet that standard, and the case was dismissed with prejudice.

528 F.3d 614 (Ninth Circuit Court of Appeals). Won dismissal, with prejudice, for UPS in nationwide class action related to compliance with tariff requirements of the Interstate Commerce Act and transportation fees paid by a large class of shippers over a five-year period. Won affirmance of judgment by Ninth Circuit.