1. Nguyen v. T-Mobile USA, Inc.
Mr. Bursor negotiated and obtained court-approval for a nationwide class action settlement in Nguyen v. T-Mobile USA, Inc. which required T-Mobile to unlock their customers' cellphone handsets and to open its wireless network to third-party devices and applications. This was the third such settlement affecting the cellphone industry, coming in the wake of landmark settlements Mr. Bursor negotiated in Nguyen v. Verizon Wireless and Zill v. Sprint Spectrum, which similarly opened up the Verizon and Sprint wireless networks.
2. Thomas v. Global Vision Products, Inc. (II)
Mr. Bursor was the lead trial lawyer in Thomas v. Global Vision Products, Inc. (II). Mr. Bursor represented a class of approximately 150,000 consumers who had previously obtained a favorable verdict against certain individuals involved in the sale of the Avacor® hair regrowth system. In this second trial, the same class sought to pierce the corporate veil to impose individual liability against two shareholders of the corporate defendant. In November 2009, after a four-week combined bench-and-jury trial, the jury returned a $50 million verdict for the class.
3. White v. Cellco Partnership
Mr. Bursor was the lead trial lawyer in White v. Cellco Partnership d/b/a Verizon Wireless. Mr. Bursor represented a class of approximatlely 1.4 million California consumers who were charged an early termination fee under a Verizon cellphone contract, asserting claims that such fees were unlawful liquidated damages under the California Civil Code, as well as other statutory and common law claims. In July 2008, after Mr. Bursor presented plaintiffs case-in-chief, rested, then cross-examined Verizon’s principal trial witness, Verizon agreed to settle the case for a $21 million cash payment and agreed to an injunction restricting Verizon’s ability to impose early termination fees in future subscriber agreements.
Mr. Bursor was appointed class counsel and was elected chair of the Official Creditors’ Committee in In re Nutraquest Inc., a Chapter 11 bankruptcy case before Chief Judge Garrett E. Brown, Jr. (D.N.J.) involving 390 ephedra-related personal injury and/or wrongful death claims, two consumer class actions, four enforcement actions by governmental agencies, and multiple adversary proceedings related to the Chapter 11 case. Working closely with counsel for all parties, and with two mediators, Judge Nicholas Politan (Ret.) and Judge Marina Corodemus (Ret.), the committee chaired by Mr. Bursor was able to settle or otherwise resolve every claim and reach a fully consensual Chapter 11 plan of reorganization which Chief Judge Brown approved in late 2006. This settlement included a $12.8 million recovery to a nationwide class of consumers who alleged they were defrauded in connection with the purchase of Xenadrine® dietary supplement products.