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Stuart C. Talley

PROFESSIONAL EXPERIENCE
Civil justice and personal injury attorney, Stuart C. Talley, is a partner in the Sacramento based law firm Kershaw, Cutter & Ratinoff LLP who primarily practices in the areas of mass torts, consumer class actions, and other complex litigation. For the past 20 years, he has represented plaintiffs in numerous complex cases in both Federal and State Courts around the country.

Stuart has earned a reputation as a respected attorney, and is recognized nationally for his extensive experience and skillful prosecution of consumer class action litigation and multi-district mass tort cases. He is appointed by state and federal courts nationwide as lead or co-lead counsel for several high profile cases involving product liability, dangerous drugs, and defective medical devices against corporate giants, big pharma, and manufacturers.

Representative cases and settlements include:
Nguyen et al. v. BMW of North America, LLC, Case No. 3:10-cv-02257, in the Northern District of California. In this class action, Mr. Talley represented plaintiffs alleging BMW stopped replacing defective components and altered the vehicle’s software after discovering design flaws in BMW models containing N54 engines. The case resolved in a settlement on behalf of roughly 200,000 class members for $211,470,000.

In re Vicryl Sutures Litigation, Judicial Council Coordination proceeding No. 4148, Alameda County Superior Court, California; Neely, et al. v. Ethicon, Inc., et al. Civil No. 1:00CV569.  U.S. District Court for Eastern District of Texas: Mr. Talley served as lead counsel in this mass tort action involving Ethicon Inc. and Johnson & Johnson’s contaminated Vicryl sutures proceeding in multiple federal and state courts throughout the United States.  Following a highly contested certification process and hearing seeking certification of a FRCP 23(c)(4)(A) class, the case was litigated to a successful resolution in a confidential proceeding.

Schlegel v. Kaiser Foundation Health Plan, Inc. et al –   Mr. Talley was the lead attorney representing over 100 Kaiser Patients placed on the national kidney transplant list.  The plaintiffs in the case alleged Kaiser dropped patients waiting for kidneys from the national transplant list due to administrative blunders. As a result, they did not obtain kidney transplants.  The cases settled for a confidential sum.

Contratto v. Ethicon, Johnson & Johnson, Lifecore, et al U.S. District Court, Northern CA. No. C03-3804MJJ ARB, Mr. Talley served as lead counsel in this mass tort action involving some sixty plaintiffs initially filed in the Northern District of California and ultimately prosecuted in Florida State Court, West Palm Beach, Florida.  The action sought damages caused by the medical device, Intergel, a product intended to reduce adhesions in women undergoing abdominal surgery. However, in certain women, the device caused injury by actually increasing adhesions.  The case was prosecuted over three years resulting in a global settlement on behalf of KCR’s clients.  The settlement amount and the terms of the settlement are confidential.

In Re Guidant Defibrillator Litigation – Mr. Talley and his firm were part of the Plaintiff’s Steering Committee in this MDL proceeding that sought reimbursement for more 5,000 individuals who had defective Guidant defibrillators placed in their bodies.  A settlement in this case was recently announced wherein plaintiffs will receive more than $200,000,000.

In Re AOL Spin-Off Sub Account Litigation – Mr. Talley and his firm were lead counsel in this MDL proceeding wherein it was alleged that millions of AOL subscribers improperly had screen names “spun-off” into separate accounts and were then billed additional fees for these “spun-off” accounts.  The settlement in this case was valued at approximately $25,000,000.

Larkin v. Best Buy – Mr. Talley served as lead counsel in this consumer class action against Best Buy alleging that the marketing of its extended warranties is false and misleading.  Specifically the complaint alleged that Best Buy did not have in place a sufficient number of service centers and technicians to make warranty repairs in a timely manner.

Mr. Talley has also handled many large individual personal injury actions on behalf of injured plaintiffs.

PROFESSIONAL ACTIVITIES & AFFILIATIONS

  • Past Board Member, Capitol City Trial Lawyers Association
  • Member, American Association for Justice
  • Member, Sacramento County Bar Association
  • Member, Long Beach Inns of Court
  • Past President, Long Beach Barristers

PRIOR PROFESSIONAL EXPERIENCE
Before joining Kershaw, Cutter & Ratinoff, LLP, Mr. Talley was a partner in the Long Beach law firm of Taubman, Simpson, Young & Sulentor. In this position, he gained extensive civil trial experience and was involved in the overall case management of several complex litigation cases.

PUBLICATIONS
Performance Rights in Sound Records: Is There Justification In the Age of Digital Broadcasting, 28 Beverly Hills Bar Journal 79 (1994)



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