Abby
Meyer

PartnerCo-Leader, Food and Beverage Industry Team
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Abby Meyer

Overview

Abby Meyer is a seasoned litigator who defends against class actions targeting consumer products and services, including in the retail and food industries, and litigates complex commercial disputes nationwide. She co-leads the Food and Beverage team.

Consumer Class Action Defense and Related Advice Work

Abby defends companies against consumer class actions targeting product information found on the labels of packaged goods or associated advertising materials. She has defended claims alleging false or misleading use of the terms "natural," "vanilla," "Made in USA," "flushable" and sustainability claims. She has also defended against alleged slack fill, underfill, contamination (heavy metals, PFAS), pricing/discount and health halo class actions. Her clients have included food, beverage, cosmetics and retail/consumer goods brands and specialty services companies.

Abby has successfully resolved disputes at the demand letter phase, opposed motions for class certification, and brought motions for summary judgment of the purported plaintiffs' claims.

In addition to her work in the courtroom, Abby provides advice and counsel to her clients on compliance issues including FDA regulations, FTC compliance and unique marketing issues presented under California state law. Her goal is to help clients avoid litigation in the first instance.

Complex Civil Litigation

Abby represents companies facing business disputes with their vendors/suppliers, licensors/licensees, and with their business partners/resellers. She brings or defends claims on behalf of her clients, and can help at all phases of the business relationship, including post M&A. Her experience includes breach of contract actions, business torts, and extends to real estate-related litigation.

Partnering with her clients, Abby works to understand their business and their goals, to align litigation strategy accordingly, and to provide legal advice that enables clients to achieve their business objectives.

Abby handles all aspects of litigation, from early resolution to case filing, trial and appellate practice. She handles cases in both state and federal court, and arbitrations. She has defended clients in multi-party, multi-year and multi-jurisdiction litigation.

Experience

  • In a hard fought consumer class action alleging false labeling and marketing, defeated class certification and achieved partial summary judgment. (Usler v. Vital Farms, Inc., 2024 U.S. Dist. LEXIS 172095 (W.D. Tex. Sept. 23, 2024).)
  • Substantially prevailed on a motion to dismiss a class action complaint that asserted 25 claims for relief including under the laws of 9 states; court dismissed 17 claims including purported violations of 7 different states’ laws. (Miller v. NextGen Healthcare, Inc., 2024 U.S. Dist. LEXIS 131254 (N.D. Ga. July 25, 2024).)
  • Defeated putative class action alleging that the company misrepresented or omitted information regarding PFAS in clothing products on a motion to dismiss. (Garland v. Child's Place, Inc., 2024 U.S. Dist. LEXIS 59395 (N.D. Ill. Apr. 1, 2024).)
  • Representing a technology retailer with a false pricing class action.
  • Representing a services company with a false advertising class action.
  • Represented a beverage manufacturer during a three-day bench trial on whether consumption of the beverage exposed consumers to a Prop 65 chemical. The judge found that the plaintiffs did not establish a prima facie case of exposure.
  • Represented beverage retailer in false advertising class action. Prevailed on motion for summary judgment.
  • Represented specialty foods manufacturer in false advertising class action. Prevailed on motion to dismiss.
  • Following scorched-earth litigation related to an easement and involving seven parties, drafted, argued, and won summary adjudication of all claims against our client, ending our client’s involvement in the matter; argued and affirmed on appeal (Rickley v. Gulf Oil Corp., 2021 Cal. App. Unpub. LEXIS 1307).
  • Obtained a complete defense verdict for a financial institute following a downtown Los Angeles jury trial in a wrongful foreclosure action.
Credentials
Clerkships

Prior to working at Sheppard Mullin, Abby worked for the Honorable Andrew J. Wistrich of the U.S. District Court for the Central District of California as an extern in 2011.

Education

J.D., University of California, Los Angeles, 2013

B.A., Cinema-Television (Critical Studies), University of Southern California, 2007, magna cum laude

B.A., University of Southern California, 2007, magna cum laude

Admissions

California

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

Ninth Circuit Court of Appeals

Fourth Circuit Court of Appeals

Honors

Ones to Watch — Construction Law, Best Lawyers, 2021-2025

Southern California Rising Star, Super Lawyers, 2020-2023

Memberships

In addition to her legal practice, Abby is an advocate for women and parents. She co-chairs the firm’s OC Families group which serves as a resource for the parents in the Orange County office. She previously served as co-chair of the Orange County Bar Association’s Mommy Esquire committee and served for several years as a director of the board for the Orange County Women Lawyers Association.

Thought Leadership
  • Speaker, "Tactical Tools for Class Action Prevention: How Proper Claims Substantiation and Sound Labeling Practices Are Sometimes Your Best Offense," ACI’s Advanced Forum on Defending FDA-Regulated Consumer Products Class Actions, October 16, 2023
  • Speaker, "A 'Healthy' Discussion on FDA Guidances and Health-Halo Litigation," Food Advertising, Labeling, and Litigation Conference, September 27, 2023
  • Speaker, " PM Plenary: Nutrition," American Intellectual Property Law Association, February 2, 2023
  • Speaker, "Class Action Developments in Flavors, Geographic Origin Claims, and More," Food Advertising, Labeling, and Litigation Conference: For the Food and Dietary Supplement Industries, September 28, 2021
  • Speaker, "The Evolving Reasonable Consumer Standard, Developments in Preemption, and Other Litigation Trends," Food Advertising, Labeling, and Litigation Conference, September 22, 2020
  • Speaker, "Plastic and Single-Use Legislation and Litigation," 10th Annual Food, Beverage, and Supplements Virtual Regional CLE Program, May 25, 2021