Professionals

Troy M. Yoshino

Partner

Overview
Experience
Credentials
Insights & News

A seasoned litigator, Troy defends class actions with a strategic and aggressive approach, aiming to get cases dropped or dismissed as early as possible and keep clients from repetitive suits.

Key Matters

Some of the experience represented below may have been handled at a previous firm.

Defended numerous leading products and services companies in many different class actions, multi-district litigation proceedings, and federal, state and local government investigations and enforcement matters, alleging claims under federal and state consumer-protection statutes, as well as warranty and privacy laws
Advised leading insurance companies on various aspects of coverage and underlying disputes arising from class action claims
Defended several Fortune 500 companies in numerous class actions and multi-plaintiff cases alleging violations of the Alien Tort Statute and other claims based on alleged human rights violations
Served as lead coordination counsel in multiple proceedings around the world involving class actions and other complex cases, for a variety of companies.
Defended numerous significant employers in wage-and-hour and discrimination class actions
Represented a leading mortgage insurer in connection with multiple class action cases, investigations by federal and state authorities, and other proceedings alleging claims under truth-in-lending and debt-collection statutes, and other consumer protection laws
Defended several leading mortgage lenders and servicers in federal and state class actions, including multi-district litigation proceedings involving challenges to loan-origination and -servicing practices
Advised many clients on risk-avoidance and risk-management strategies relating to large exposure claims, including claims arising from complaints, governmental investigations, and other matters in areas ranging from mass production/marketing of consumer goods to Foreign Corrupt Practices Act issues

Reported Cases

Snowdy, 2024 WL 1366446 (D.N.J. Apr. 1, 2024) – granting motion to dismiss in putative nationwide class action alleging purported defect in electric drive units of electric vehicles sold by a leading global automotive manufacturer
Rose, 2023 WL 8544143 (N.D. Ill. Dec. 11, 2023) – dismissing class action on granting of a motion to compel individual arbitration where plaintiffs alleged claims based on the obsolescence of products that was caused by the “sunsetting” of the 3G cellular network
D’Haene v. BMW Canada, Inc., 2023 ONSC 6434 (Ontario Super. Nov. 16, 2023)—after granting of motion to dismiss in 2022, dismissal with prejudice of Takata airbag class action for no consideration
Ponzio v. Pinon, 87 F.4th 487 (11th Cir. 2023) – affirming approval of a nationwide class settlement allowing for partial coverage of repair costs, subject to limitations that meant not necessarily all class members could make valid claims under the settlement
Corona, 2022 WL 17089814 (C.D. Cal. Sept. 28, 2022)—granting motion to dismiss for lack of standing
Envt’l Prot. Comm’n of Hillsborough Cnty., 2022 WL 4355666 (M.D. Fla. Sept. 20, 2022), aff’d, 2023 WL 4678978 (11th Cir. July 21, 2023)—affirming the favorable granting with prejudice of a motion to dismiss of alleged post-sale tampering claims based on claimed emissions issues
Asociación de Consumidores y Usuarios de la Argentina, No. 10838/2020 (Buenos Aires Com. Ct. July 15, 2022)—dismissing Takata airbag class action
In re German Auto. Mfrs. Antitrust Litig., No. 21-1382 (U.S. June 21, 2022), denied as to No. 20-17139 (9th Cir. Aug. 30, 2021 & Oct. 26, 2021), aff’d, 497 F. Supp. 3d 745 (N.D. Cal. 2020), 2020 U.S. Dist. LEXIS 57625 (N.D. Cal. Mar. 31, 2020), and 392 F. Supp. 3d 1059 (N.D. Cal. 2019)—granting and affirming motions to dismiss both federal and state antitrust-law claims in MDL proceeding consolidating 38 class actions
Guan, 2022 WL 17089817 (N.D. Cal. May 17, 2022)—granting motion to dismiss in class action, finding that extended-warranty-service campaign eliminated claims
Chubchai v. AbbVie, Inc., 2022 U.S. Dist. LEXIS 78635 (N.D. Cal. Apr. 21, 2022)—granting motion to dismiss in class action challenging CoolSculpting fat-reduction treatment
Pickens, 2021 WL 5050289 (N.D. Ill. Nov. 1, 2021) (granting motion to dismiss both fraud- and warranty-based claims in class action)
McAdams, 162. N.E.3d 755 (Ohio 2020)—decision by Ohio Supreme Court upholding opt-out determination by court adjudicating class action settlement, resulting in victory for client
In re Mercedes-Benz Emissions Litig., 797 F. App’x 695 (3rd Cir. 2020)—vacating prior adverse decision denying motion to compel arbitration
Garick, 790 F. App’x 230 (1st Cir. 2020), aff’d, 2019 U.S. Dist. LEXIS 68241 (D. Mass. Mar. 29, 2019)—granting motion to dismiss with prejudice in fraud-based class action and then affirming result on appeal
Hamilton-Warwick v. Volkswagen Grp. of Am., 2018 U.S. Dist. LEXIS 129797 (D. Minn. Aug. 2, 2018)—granting motion to dismiss environmental claims both on standing grounds and for failure to state a claim
Oppenheim, No. 18-3610 (C.D. Cal. July 31, 2018)—dismissal with prejudice of putative class allegations, after motion to dismiss filed
Luppino, 2017 WL 6015698 (3d Cir. Dec. 5, 2017), aff’d, 2016 U.S. Dist. LEXIS 134733 (D.N.J. Aug. 10, 2016), and No. 16-8001 (3d Cir. Mar. 7, 2016), aff’d, No. 09-5582 (D.N.J. Dec. 22, 2015)—class certification and summary-judgment victories for client, affirmed on appeal
Nadeau, No. 37576 (Can. Sup. Ct. Sept. 21, 2017), aff’d, 2017 QCCA 470 (Quebec Ct. App. Mar. 24, 2017), aff’d, 2016 QCCS 7 (Quebec Super. Jan. 7, 2016)—victory for client at class-certification stage, affirmed at Supreme Court and Court of Appeal levels
In re Cont’l Airbag Prods. Liab. Litig., 2017 U.S. Dist. LEXIS 218094 (S.D. Fla. Mar. 20, 2017)—granting motion to dismiss, resulting in victory for client
In re Mercedes-Benz Emissions Litig., 2016 WL 7106020 (D.N.J. Dec. 6, 2016)—granting motion to dismiss on standing grounds
Ward v. Square, Inc. (S.F. Super. Dec. 17, 2015)—pre-pleading attack dismissal based on aggressive strategy
McCabe, 160 F. Supp. 3d 1337 (N.D. Ga. 2015)—summary judgment granted on remaining claims in false-advertising/alleged-concealed-defect class action, after dismissal of many claims on the pleadings in 948 F. Supp. 2d 1347 (N.D. Ga. 2013))
Weininger v. Implus, Case No. 15-1375 WHO (N.D. Cal. Apr. 10, 2015)—dismissal with prejudice based on lack of cognizable injury
Callaghan v. BMW of N. Am., 2014 WL 6629254 (N.D. Cal. Nov. 21, 2014), and 2014 WL 1340085 (N.D. Cal. Apr. 2, 2014) (dismissal of all claims at pleading stage, based upon plaintiffs’ failure to plead a plausible concealed defect)
Avedisian, 2014 WL 4452713 (C.D. Cal. Sept. 8, 2014)—granting summary judgment against fraud- and warranty-based claims, based upon plaintiffs’ failure to demonstrate safety issue
Sharma v. BMW of N. Am., LLC, 2014 WL 2795512 (N.D. Cal. June 19, 2014)—granting motion to dismiss fraud-based, warranty, and product-recall claims in alleged “concealed defect” class action
Becnel, 2014 WL 2506506 (E.D. La. June 3, 2014)—striking class allegations at the pleading stage in consumer class action alleging product liability-, fraud‑, and warranty-based claims
Bauman, 134 S. Ct. 746 (2014); 644 F.3d 909 (9th Cir. 2011); 579 F.3d 1088 (9th Cir. 2009); 2007 WL 486389 (N.D. Cal. Feb. 12, 2007); and 2005 WL 3157472 (N.D. Cal. Nov. 22, 2005)—dismissal and ultimate affirmance on pleadings of claims under Alien Tort Statute and Torture Victims Protection Act
In re S. Afr. Apartheid Litig., 2013 WL 6813877 (S.D.N.Y. Dec. 26, 2013), and 727 F.3d 174 (2d Cir. 2013)—dismissal following lengthy trial court and appellate proceedings, ultimately on grounds that Alien Tort Statute does not apply extraterritorially
Friedman, 2013 WL 8336127 (C.D. Cal. Jun 12, 2013)—granting motion to dismiss in false-advertising case, on standing and other grounds
Chan, 2012 U.S. Dist. Lexis 161716 (D.N.J. Nov. 9, 2012)—granting motion to dismiss all claims in putative class action; accepting several significant, developing arguments
Kas, No. 11-1032, Dkt. 298 (C.D. Cal. June 11, 2012)—dismissal with prejudice in putative class action, after both standing attacks and class-certification opposition filed
Aguiar v. Cal. Sierra Express, Inc., 2012 WL 1593202 (E.D. Cal May 4, 2012)—dismissal with prejudice of putative wage-and-hour class action on preemption and legal grounds
Cholakyan, 281 F.R.D. 534 (C.D. Cal. Mar. 28, 2012)—denying class certification in “concealed defect” case; precluding of expert declaration on Daubert grounds
Nirmul v. BMW of N. Am., LLC, 2011 WL 5195801 (D.N.J. Oct. 31, 2011)—lead coordination counsel securing dismissal of putative “concealed defect” class action on standing grounds
Suddreth, 2011 WL 5240965 (D.N.J. Oct. 31, 2011)—securing dismissal of putative “concealed defect” class action based on argument that such claims cannot be asserted on fraud- or warranty-based theories after expiration of product warranty
Hackett v. BMW of N. Am., 2011 WL 2647991 (N.D. III. June 30, 2011)—granting 12(b)(6) motion against consumer-fraud, unjust-enrichment, and implied-warranty claims in putative class action
Morrison v. Nat’l Austl. Bank, 561 U.S. 247 (2010)—amicus successfully urging jurisdictional limitations on extraterritorial application of securities laws
Tang v. CS Clean Sys. AG, 2010 WL 2766634 (Cal. App. July 14, 2010)—affirmance of forum non conveniens dismissal), and 2008 WL 5352253 (Cal. App. Dec. 23, 2008) (affirming set-aside of default judgment for failure to comply with Hague Convention
Velasquez v. R.C. Treatt & Co., 2009 WL 1887287 (Cal. App. July 2, 2009)—affirming dismissal on pleadings of product-liability claims asserting diacetyl exposure
Robinson, 2008 WL 728877 (N.D. Cal. Mar. 17, 2008)—granting motion to dismiss for lack of personal jurisdiction
ZAP, 2008 WL 451034 (Cal. App. Feb. 21, 2008)—affirming dismissal on pleadings of UCL and other business-tort claims
IFPTE Local 21, AFL-CIO v. Super. , 42 Cal. 4th 319 (Aug. 27, 2007)—amicus urging privacy interests
McCann v. Lucky Money, Inc., 129 Cal. App. 4th 1382 (May 9, 2005)—limiting duty of disclosure under UCL

Capabilities

Class Actions & Group Litigation

Commercial Litigation & Disputes

Advertising Litigation

Product Liability & Mass Torts

Privacy & Data Security

Appellate & Critical Motions

Labor & Employment

Antitrust/Competition

Compliance Programs

Automotive & Mobility

Medical Devices

Financial Services

Key Matters

Some of the experience represented below may have been handled at a previous firm.

Defended numerous leading products and services companies in many different class actions, multi-district litigation proceedings, and federal, state and local government investigations and enforcement matters, alleging claims under federal and state consumer-protection statutes, as well as warranty and privacy laws
Advised leading insurance companies on various aspects of coverage and underlying disputes arising from class action claims
Defended several Fortune 500 companies in numerous class actions and multi-plaintiff cases alleging violations of the Alien Tort Statute and other claims based on alleged human rights violations
Served as lead coordination counsel in multiple proceedings around the world involving class actions and other complex cases, for a variety of companies.
Defended numerous significant employers in wage-and-hour and discrimination class actions
Represented a leading mortgage insurer in connection with multiple class action cases, investigations by federal and state authorities, and other proceedings alleging claims under truth-in-lending and debt-collection statutes, and other consumer protection laws
Defended several leading mortgage lenders and servicers in federal and state class actions, including multi-district litigation proceedings involving challenges to loan-origination and -servicing practices
Advised many clients on risk-avoidance and risk-management strategies relating to large exposure claims, including claims arising from complaints, governmental investigations, and other matters in areas ranging from mass production/marketing of consumer goods to Foreign Corrupt Practices Act issues

Reported Cases

Snowdy, 2024 WL 1366446 (D.N.J. Apr. 1, 2024) – granting motion to dismiss in putative nationwide class action alleging purported defect in electric drive units of electric vehicles sold by a leading global automotive manufacturer
Rose, 2023 WL 8544143 (N.D. Ill. Dec. 11, 2023) – dismissing class action on granting of a motion to compel individual arbitration where plaintiffs alleged claims based on the obsolescence of products that was caused by the “sunsetting” of the 3G cellular network
D’Haene v. BMW Canada, Inc., 2023 ONSC 6434 (Ontario Super. Nov. 16, 2023)—after granting of motion to dismiss in 2022, dismissal with prejudice of Takata airbag class action for no consideration
Ponzio v. Pinon, 87 F.4th 487 (11th Cir. 2023) – affirming approval of a nationwide class settlement allowing for partial coverage of repair costs, subject to limitations that meant not necessarily all class members could make valid claims under the settlement
Corona, 2022 WL 17089814 (C.D. Cal. Sept. 28, 2022)—granting motion to dismiss for lack of standing
Envt’l Prot. Comm’n of Hillsborough Cnty., 2022 WL 4355666 (M.D. Fla. Sept. 20, 2022), aff’d, 2023 WL 4678978 (11th Cir. July 21, 2023)—affirming the favorable granting with prejudice of a motion to dismiss of alleged post-sale tampering claims based on claimed emissions issues
Asociación de Consumidores y Usuarios de la Argentina, No. 10838/2020 (Buenos Aires Com. Ct. July 15, 2022)—dismissing Takata airbag class action
In re German Auto. Mfrs. Antitrust Litig., No. 21-1382 (U.S. June 21, 2022), denied as to No. 20-17139 (9th Cir. Aug. 30, 2021 & Oct. 26, 2021), aff’d, 497 F. Supp. 3d 745 (N.D. Cal. 2020), 2020 U.S. Dist. LEXIS 57625 (N.D. Cal. Mar. 31, 2020), and 392 F. Supp. 3d 1059 (N.D. Cal. 2019)—granting and affirming motions to dismiss both federal and state antitrust-law claims in MDL proceeding consolidating 38 class actions
Guan, 2022 WL 17089817 (N.D. Cal. May 17, 2022)—granting motion to dismiss in class action, finding that extended-warranty-service campaign eliminated claims
Chubchai v. AbbVie, Inc., 2022 U.S. Dist. LEXIS 78635 (N.D. Cal. Apr. 21, 2022)—granting motion to dismiss in class action challenging CoolSculpting fat-reduction treatment
Pickens, 2021 WL 5050289 (N.D. Ill. Nov. 1, 2021) (granting motion to dismiss both fraud- and warranty-based claims in class action)
McAdams, 162. N.E.3d 755 (Ohio 2020)—decision by Ohio Supreme Court upholding opt-out determination by court adjudicating class action settlement, resulting in victory for client
In re Mercedes-Benz Emissions Litig., 797 F. App’x 695 (3rd Cir. 2020)—vacating prior adverse decision denying motion to compel arbitration
Garick, 790 F. App’x 230 (1st Cir. 2020), aff’d, 2019 U.S. Dist. LEXIS 68241 (D. Mass. Mar. 29, 2019)—granting motion to dismiss with prejudice in fraud-based class action and then affirming result on appeal
Hamilton-Warwick v. Volkswagen Grp. of Am., 2018 U.S. Dist. LEXIS 129797 (D. Minn. Aug. 2, 2018)—granting motion to dismiss environmental claims both on standing grounds and for failure to state a claim
Oppenheim, No. 18-3610 (C.D. Cal. July 31, 2018)—dismissal with prejudice of putative class allegations, after motion to dismiss filed
Luppino, 2017 WL 6015698 (3d Cir. Dec. 5, 2017), aff’d, 2016 U.S. Dist. LEXIS 134733 (D.N.J. Aug. 10, 2016), and No. 16-8001 (3d Cir. Mar. 7, 2016), aff’d, No. 09-5582 (D.N.J. Dec. 22, 2015)—class certification and summary-judgment victories for client, affirmed on appeal
Nadeau, No. 37576 (Can. Sup. Ct. Sept. 21, 2017), aff’d, 2017 QCCA 470 (Quebec Ct. App. Mar. 24, 2017), aff’d, 2016 QCCS 7 (Quebec Super. Jan. 7, 2016)—victory for client at class-certification stage, affirmed at Supreme Court and Court of Appeal levels
In re Cont’l Airbag Prods. Liab. Litig., 2017 U.S. Dist. LEXIS 218094 (S.D. Fla. Mar. 20, 2017)—granting motion to dismiss, resulting in victory for client
In re Mercedes-Benz Emissions Litig., 2016 WL 7106020 (D.N.J. Dec. 6, 2016)—granting motion to dismiss on standing grounds
Ward v. Square, Inc. (S.F. Super. Dec. 17, 2015)—pre-pleading attack dismissal based on aggressive strategy
McCabe, 160 F. Supp. 3d 1337 (N.D. Ga. 2015)—summary judgment granted on remaining claims in false-advertising/alleged-concealed-defect class action, after dismissal of many claims on the pleadings in 948 F. Supp. 2d 1347 (N.D. Ga. 2013))
Weininger v. Implus, Case No. 15-1375 WHO (N.D. Cal. Apr. 10, 2015)—dismissal with prejudice based on lack of cognizable injury
Callaghan v. BMW of N. Am., 2014 WL 6629254 (N.D. Cal. Nov. 21, 2014), and 2014 WL 1340085 (N.D. Cal. Apr. 2, 2014) (dismissal of all claims at pleading stage, based upon plaintiffs’ failure to plead a plausible concealed defect)
Avedisian, 2014 WL 4452713 (C.D. Cal. Sept. 8, 2014)—granting summary judgment against fraud- and warranty-based claims, based upon plaintiffs’ failure to demonstrate safety issue
Sharma v. BMW of N. Am., LLC, 2014 WL 2795512 (N.D. Cal. June 19, 2014)—granting motion to dismiss fraud-based, warranty, and product-recall claims in alleged “concealed defect” class action
Becnel, 2014 WL 2506506 (E.D. La. June 3, 2014)—striking class allegations at the pleading stage in consumer class action alleging product liability-, fraud‑, and warranty-based claims
Bauman, 134 S. Ct. 746 (2014); 644 F.3d 909 (9th Cir. 2011); 579 F.3d 1088 (9th Cir. 2009); 2007 WL 486389 (N.D. Cal. Feb. 12, 2007); and 2005 WL 3157472 (N.D. Cal. Nov. 22, 2005)—dismissal and ultimate affirmance on pleadings of claims under Alien Tort Statute and Torture Victims Protection Act
In re S. Afr. Apartheid Litig., 2013 WL 6813877 (S.D.N.Y. Dec. 26, 2013), and 727 F.3d 174 (2d Cir. 2013)—dismissal following lengthy trial court and appellate proceedings, ultimately on grounds that Alien Tort Statute does not apply extraterritorially
Friedman, 2013 WL 8336127 (C.D. Cal. Jun 12, 2013)—granting motion to dismiss in false-advertising case, on standing and other grounds
Chan, 2012 U.S. Dist. Lexis 161716 (D.N.J. Nov. 9, 2012)—granting motion to dismiss all claims in putative class action; accepting several significant, developing arguments
Kas, No. 11-1032, Dkt. 298 (C.D. Cal. June 11, 2012)—dismissal with prejudice in putative class action, after both standing attacks and class-certification opposition filed
Aguiar v. Cal. Sierra Express, Inc., 2012 WL 1593202 (E.D. Cal May 4, 2012)—dismissal with prejudice of putative wage-and-hour class action on preemption and legal grounds
Cholakyan, 281 F.R.D. 534 (C.D. Cal. Mar. 28, 2012)—denying class certification in “concealed defect” case; precluding of expert declaration on Daubert grounds
Nirmul v. BMW of N. Am., LLC, 2011 WL 5195801 (D.N.J. Oct. 31, 2011)—lead coordination counsel securing dismissal of putative “concealed defect” class action on standing grounds
Suddreth, 2011 WL 5240965 (D.N.J. Oct. 31, 2011)—securing dismissal of putative “concealed defect” class action based on argument that such claims cannot be asserted on fraud- or warranty-based theories after expiration of product warranty
Hackett v. BMW of N. Am., 2011 WL 2647991 (N.D. III. June 30, 2011)—granting 12(b)(6) motion against consumer-fraud, unjust-enrichment, and implied-warranty claims in putative class action
Morrison v. Nat’l Austl. Bank, 561 U.S. 247 (2010)—amicus successfully urging jurisdictional limitations on extraterritorial application of securities laws
Tang v. CS Clean Sys. AG, 2010 WL 2766634 (Cal. App. July 14, 2010)—affirmance of forum non conveniens dismissal), and 2008 WL 5352253 (Cal. App. Dec. 23, 2008) (affirming set-aside of default judgment for failure to comply with Hague Convention
Velasquez v. R.C. Treatt & Co., 2009 WL 1887287 (Cal. App. July 2, 2009)—affirming dismissal on pleadings of product-liability claims asserting diacetyl exposure
Robinson, 2008 WL 728877 (N.D. Cal. Mar. 17, 2008)—granting motion to dismiss for lack of personal jurisdiction
ZAP, 2008 WL 451034 (Cal. App. Feb. 21, 2008)—affirming dismissal on pleadings of UCL and other business-tort claims
IFPTE Local 21, AFL-CIO v. Super. , 42 Cal. 4th 319 (Aug. 27, 2007)—amicus urging privacy interests
McCann v. Lucky Money, Inc., 129 Cal. App. 4th 1382 (May 9, 2005)—limiting duty of disclosure under UCL