Rachael M.
Trummel

Co-lead counsel for medical technology company in putative medical monitoring class action relating to ethylene oxide emissions from defendant's medical device sterilization operations. Obtained dismissal on ground that mere exposure to purported toxin is not cognizable injury to support medical monitoring or any of plaintiff's traditional tort claims.

Ongoing representation of global energy corporation in industrial construction dispute.

Ongoing representation of global beverage manufacturer and distributor in MDL proceeding involving putative consumer fraud, breach of warranty, and unjust enrichment claims relating to "animal welfare" representations for premium milk product.

Lead defense counsel for online consumer shopping platform in contract dispute involving allegations that the defendant prematurely terminated the subject referral agreement. Obtained dismissal with prejudice and award of attorneys' fees pursuant to the prevailing party fee provision of the subject agreement.

Lead defense counsel for bank in putative class action alleging consumer fraud, breach of contract, and usury claims relating to the bank’s overdraft and item processing policies. Obtained highly favorable “claims made” settlement in which payment to settlement class was tiny fraction of plaintiffs’ demand.

Lead defense counsel for bank in putative class action challenging bank’s ATM fee disclosures. Obtained highly favorable settlement (de minimis payment to individual plaintiff) following successful motion to compel arbitration based on arbitration provision I had counseled bank to add to all customer account agreements.

Successful defense of oil company in putative class action alleging willful violation of the Fair and Accurate Credit Transaction Act and seeking $5 billion in statutory damages. On interlocutory appeal, obtained ruling that challenged conduct was not willful and therefore reversing denial of summary judgment.

Successful defense of luxury cosmetics manufacturer and distributor in putative class actions involving claims of consumer fraud, product liability, and breach of warranty regarding lead in cosmetic products. Obtained dismissal on ground that plaintiffs’ allegations established that the alleged lead content was de minimis.

Lead counsel in successful defense of bank in action seeking to hold bank liable for millions of dollars embezzled from plaintiff healthcare entities by plaintiffs’ own employees. Obtained dismissal of all claims based on various defenses, including ratification-by-suit doctrine.

Lead counsel in successful defense of numerous banks in putative class actions alleging violations of the ATM fee notice requirements of the federal Electronic Funds Transfer Act.

Lead counsel in successful defense of numerous banks in threatened and filed putative class actions alleging that the defendant banks’ websites and mobile applications are not adequately accessible to blind persons and therefore violate federal and state disability anti-discrimination statutes.

Successful defense of publishing companies in action by rival publisher purporting to state claims for misappropriation of intellectual property, unfair competition, and violation of the federal RICO statute. Plaintiff responded to motion to dismiss by voluntarily dismissing entire action.

Lead counsel in successful defense of bank in action seeking to hold bank liable for losses incurred by plaintiff when her then-husband depleted plaintiff’s bank account. Obtained dismissal based on plaintiff’s failure to state a claim.

Successful defense of large luxury goods manufacturer and distributor in putative class actions involving claims of statutory fraud and unfair trade practices relating to the marketing and sale of certain artworks.

Coordinating and trial counsel in successful defense of automotive manufacturer in numerous Congressionally-authorized fast-track arbitrations challenging the rejection and termination of certain dealer agreements in connection with the manufacturer’s pending bankruptcy.

Successful defense of large soft drink manufacturer in several putative class actions involving consumer fraud and other tort claims relating to the alleged insufficiency of the manufacturer's disclosure of ingredients in soft drink product.

Successful defense of large retail pharmacy in putative class actions involving consumer fraud, common law fraud, contract, and warranty claims relating to the pharmacy’s prescription drug labeling practices.

Successful defense of numerous healthcare systems and hospitals in putative class actions involving consumer fraud, contract, and unjust enrichment claims relating to hospital billing practices affecting the uninsured.

Successful prosecution of contribution claim by large consumer products company against equipment manufacturer and contractor for liability arising out of industrial accident.

Successful representation of large industrial REIT in $50 million lawsuit involving termination of purchase agreement for certain real property portfolio.

Successful defense of automotive manufacturer in warranty reimbursement lawsuit relating to the dealer’s conduct of service operations from unauthorized locations.

Successful defense of automotive manufacturers in numerous actions challenging defendants’ ability to establish new dealerships.

Successful defense of automotive manufacturers in actions challenging defendant’s ability to terminate dealer for failing to comply with terms of dealer agreement, including sales performance and facility obligations.

Successful defense of captive finance company in administrative proceeding involving claims that company’s financing policies unlawfully discriminated between branded and non-branded add-on products.