Dale J. Giali

Dale Giali has appeared in state and federal trial and appellate courts in complex civil litigation, including matters alleging false advertising, violations of consumer protection laws, antitrust violations, unfair business practices, unfair competition, misappropriation of trade secrets, breach of contract, business torts, franchise agreement violations, insurance coverage and intellectual property infringement. He has litigated cases in the food & beverage, refining, real estate, produce, cable television, automobile, compact disc, semiconductor and commercial construction industries. Dale has prepared numerous cases for trial and mediation. He recently first-chaired a trial of claims under California's notorious Unfair Competition Law (Bus. & Prof. Code 17200), resulting in a complete defense verdict for his client.

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Posts by Dale J. Giali

“Sure I Didn’t Buy It, But I’m Suing for False Advertising Anyway!”

By Dale J. Giali and Kevin Ranlett on June 17, 2013 Posted in Motions Practice

As we have blogged before, the food and beverage industry is facing a tidal wave of class action litigation alleging false advertising under state consumer protection laws. We monitor hundreds of these cases, which often present a similar standing issue – the class representative has purchased one product, say Ben & Jerry’s All Natural Chunky… Continue Reading

Are State-Law Claims for Violating Federal Food Labeling Law Preempted?

By Dale J. Giali on June 12, 2013 Posted in Class Action Trends, Motions Practice

The federal Food Drug and Cosmetic Act (“FDCA”)—along with the implementing regulations promulgated by the FDA—sets out a detailed national standard for much of what appears on food and beverage labeling. See 21 U.S.C. §§ 301, et seq.; 21 C.F.R. §§ 101, et seq.; Pom Wonderful LLC v. Coca-Cola Co., 679 F.3d 1170, 1175 (9th… Continue Reading

Class Certification Denied in Skinnygirl False-Advertising Case Because Class Representative Didn’t Rely on Label

By Dale J. Giali and Michael Resch on January 28, 2013 Posted in Adequacy, Class Certification, Typicality

Plaintiff Christopher Rapczynski testified that he purchased Skinnygirl Margarita mix “because I love my wife,” she “said she liked it,” and she “has my three children and works very hard.” Those all may be good reasons for a nice Valentine’s Day present, but not for bringing a class action. As the Southern District of New… Continue Reading

Class Action Bar Targets Food Companies for False Advertising Lawsuits, Using Magnuson-Moss Warranty Act to Try to Evade Ninth Circuit’s Mazza Decision

By Dale J. Giali and Kevin Ranlett on August 15, 2012 Posted in Class Action Trends, Motions Practice

The plaintiffs’ bar often uses adventuresome choice-of-law arguments to attempt to grease the skids towards certification of nationwide classes. Earlier this year, in a blockbuster decision, the Ninth Circuit rejected one of plaintiffs’ key arguments in Mazza v. American Honda Motor Co. (pdf), 666 F.3d 581 (9th Cir. 2012). In that case, the plaintiffs had… Continue Reading