Professionals

Daniel M. Blouin

Partner

Overview
Experience
Credentials
Insights & News

A certified Lean Six Sigma Yellow Belt, Dan focuses his practice on defending class actions and other complex commercial disputes.

Key Matters

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

Roe v. Home Shopping Network (Circuit Court, St. Petersburg, Florida)—National class action alleging false advertising. Defendant’s motion for summary judgment granted. The appellate court affirmed and also entered an order requiring plaintiff to pay all attorney’s fees and costs incurred by defendant in connection with both the trial and appellate court proceedings.
Bayles v. Hertz (S.D. Ind.)—National class action alleging violation of the Telephone Consumer Protection Act. Matter is ongoing.
Rose v. Mercedes-Benz USA, LLC, et al. (N.D. Ill.)—National class action alleging consumer fraud regarding purported limitations with telematics system on vehicles. Motion to compel arbitration is pending.
Adelstein v. Walmart, Inc. (N.D. Ill.)—National class action alleging consumer fraud regarding shelf pricing. Court granted defendant’s motion to dismiss plaintiff’s original complaint, with prejudice.
Brown v. C. Johnson (N.D. Ill.)—National class action alleging false advertising regarding consumer products. Court granted defendant’s motion to dismiss plaintiff’s original complaint, with prejudice.
Curtis v. 7-Eleven (N.D. Ill.)—National class action alleging “Greenwashing” as it relates to “recyclability” claims. (U.S. Dist. Court, N.D. IL) Court granted, in substantial part, defendant’s motion to dismiss plaintiff’s complaint. Matter is ongoing.
Vorst v. TBC (S.D. Fla.)—National class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act. Motion to dismiss granted.
Staver v. Hewlett Packard (Circuit Court, Cook County, Illinois)—National class action alleging false advertising. Motion to dismiss granted.
Frye v. Kemper Sports Management (Superior Court, Orange County, California)—Class action alleging violation of California’s Unruh Act. Motion to decertify class granted.
Harris v. Home Shopping Network (Superior Court, Orange County, California)—National class action alleging unfair business practices and false advertising. Motion for class certification denied, affirmed on appeal.
Held v. AAA (D. Conn.)—Class action alleging unfair business practices and breach of contract. The class resolution on favorable terms.
Warrick v. Insurance Company (E.D. Pa.)—Class action alleging consumer fraud and violation of various aspects of the Pennsylvania Insurance Code. Class resolution on favorable terms.
Tomaine v. Nationwide Mutual Insurance Company (E.D. Pa.)—Represented insurance company in putative class action alleging consumer fraud and violation of various aspects of the Pennsylvania Insurance Code. Class resolution on favorable terms.
Waters v. EarthLink (Circuit Court, Cape Cod, Massachusetts)—Class action alleging false advertising regarding Internet services. Motion for class certification denied. Defendant’s motion for summary judgment granted.
Kennedy v. Baxter Healthcare Corporation (43 Cal.App. 4th 799)—Dismissal with prejudice of a product liability class action arising out of the use of latex gloves. Plaintiffs in other jurisdictions dropped their class allegations following publication of the appellate opinion in this case.
Vigus v Harrah’s Casino (S.D. Ill.)—Class action alleging violation of the Telephone Consumer Protection Act. Motion for class certification denied.
Maggie Loftus v. Whole Foods Market Group, Inc. (N.D. Ohio)—National class action against grocery chain alleging breach of contract, consumer fraud, and false advertising on behalf of national putative class of consumers. The case involved alleged failure to apply a volume discount on purchases. The action was resolved.
Moshiri v. Home Shopping Network (N.D Cal.)—Putative national class action alleging consumer fraud and breach of contract. Motion to dismiss granted.
Prime Development v. Heartland Bank (S.D. Ill.)—Class action alleging violation of the Illinois Interest Act and breach of contract. Motion to dismiss granted.
Daniel Cubert v. EarthLink (Superior Court, Los Angeles County, California)—National class action alleging unfair business practices under Business and Professions Code Section 17200 and Consumer Legal Remedies Act, and false and misleading advertising. Motion for class certification denied.
Orelt v. Home Shopping Network (Circuit Court, Cook County, Illinois)—National class action alleging false advertising. Motion to dismiss granted, affirmed on appeal.
Ira Satinover v. EarthLink, Inc. (Circuit Court, Cook County, Illinois)—Class action alleging false advertising. Motion to dismiss granted, affirmed on appeal.
Abdoney v. TBC Retail Group (Circuit Court, Palm Beach County, Florida)—National class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act. Motion to dismiss granted.
Dishkin v. TBC Retail Group (Circuit Court, Miami Beach County)—Class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act. Class resolution on favorable terms.
Arbelo v. Charter One Bank (N.D. Ill.)—Class action alleging failure to provide requisite notice regarding ATM transaction fees in violation of the Electronic Funds Transfer Act. The case was successfully resolved.
Nicholas Cercola v. Hewlett-Packard (Circuit Court, Cook County, Illinois)—Class action alleging false advertising. Motion to dismiss granted.
Susan Osmanski v. Vital Dynamics, Inc. (Circuit Court, Cook County, Illinois)—Class action alleging false advertising. The cases were successfully resolved.
McEntee v. Incredible Technologies (Circuit Court, Wayne County, Michigan)—National class action alleging, among other things, false advertising. Motion for summary disposition granted, affirmed on appeal.
Ozgur Aral v. EarthLink, Inc. (Superior Court, Los Angeles County, California)—Class action alleging violation of California’s consumer protection statutes. Motion for class certification denied.
Coon Rapids Lincoln Mercury v. The Star Tribune Company (District Court, Hennepin County, Minnesota)—National class action alleging consumer fraud and breach of contract. The case was resolved for a de minimus amount while defendant’s motion for summary judgment was pending.
James v. Charter One Bank (N.D. Ill.)—Class action alleging failure to provide requisite notice regarding ATM transaction fees in violation of the Electronic Funds Transfer Act. The casewas successfully resolved.
Linda Ranck v. EarthLink, Inc. (Superior Court, Orange County, California)—Class action alleging false advertising regarding Internet service. The action was successfully resolved for a de minimus amount.
Dowhal v. Hewlett-Packard Company (Superior Court, San Francisco County, California)—Class action alleging unfair business practices and false advertising under Business and Professions Code Sections 17200, 17500 and Consumer Legal Remedies Act. The action was successfully resolved.
State of Illinois, ex rel Schad, Diamond v. Maidenform (Circuit Court, Cook County, Illinois)—Action under the Illinois False Claims Act alleging failure to remit tax associated with Internet sales. Action remains pending.

Capabilities

Litigation/Trials

Class Actions & Group Litigation

Advertising Litigation

Commercial Litigation & Disputes

Product Liability & Mass Torts

Public Companies

Automotive & Mobility

Retail & Luxury

Health Care

Key Matters

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

Roe v. Home Shopping Network (Circuit Court, St. Petersburg, Florida)—National class action alleging false advertising. Defendant’s motion for summary judgment granted. The appellate court affirmed and also entered an order requiring plaintiff to pay all attorney’s fees and costs incurred by defendant in connection with both the trial and appellate court proceedings.
Bayles v. Hertz (S.D. Ind.)—National class action alleging violation of the Telephone Consumer Protection Act. Matter is ongoing.
Rose v. Mercedes-Benz USA, LLC, et al. (N.D. Ill.)—National class action alleging consumer fraud regarding purported limitations with telematics system on vehicles. Motion to compel arbitration is pending.
Adelstein v. Walmart, Inc. (N.D. Ill.)—National class action alleging consumer fraud regarding shelf pricing. Court granted defendant’s motion to dismiss plaintiff’s original complaint, with prejudice.
Brown v. C. Johnson (N.D. Ill.)—National class action alleging false advertising regarding consumer products. Court granted defendant’s motion to dismiss plaintiff’s original complaint, with prejudice.
Curtis v. 7-Eleven (N.D. Ill.)—National class action alleging “Greenwashing” as it relates to “recyclability” claims. (U.S. Dist. Court, N.D. IL) Court granted, in substantial part, defendant’s motion to dismiss plaintiff’s complaint. Matter is ongoing.
Vorst v. TBC (S.D. Fla.)—National class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act. Motion to dismiss granted.
Staver v. Hewlett Packard (Circuit Court, Cook County, Illinois)—National class action alleging false advertising. Motion to dismiss granted.
Frye v. Kemper Sports Management (Superior Court, Orange County, California)—Class action alleging violation of California’s Unruh Act. Motion to decertify class granted.
Harris v. Home Shopping Network (Superior Court, Orange County, California)—National class action alleging unfair business practices and false advertising. Motion for class certification denied, affirmed on appeal.
Held v. AAA (D. Conn.)—Class action alleging unfair business practices and breach of contract. The class resolution on favorable terms.
Warrick v. Insurance Company (E.D. Pa.)—Class action alleging consumer fraud and violation of various aspects of the Pennsylvania Insurance Code. Class resolution on favorable terms.
Tomaine v. Nationwide Mutual Insurance Company (E.D. Pa.)—Represented insurance company in putative class action alleging consumer fraud and violation of various aspects of the Pennsylvania Insurance Code. Class resolution on favorable terms.
Waters v. EarthLink (Circuit Court, Cape Cod, Massachusetts)—Class action alleging false advertising regarding Internet services. Motion for class certification denied. Defendant’s motion for summary judgment granted.
Kennedy v. Baxter Healthcare Corporation (43 Cal.App. 4th 799)—Dismissal with prejudice of a product liability class action arising out of the use of latex gloves. Plaintiffs in other jurisdictions dropped their class allegations following publication of the appellate opinion in this case.
Vigus v Harrah’s Casino (S.D. Ill.)—Class action alleging violation of the Telephone Consumer Protection Act. Motion for class certification denied.
Maggie Loftus v. Whole Foods Market Group, Inc. (N.D. Ohio)—National class action against grocery chain alleging breach of contract, consumer fraud, and false advertising on behalf of national putative class of consumers. The case involved alleged failure to apply a volume discount on purchases. The action was resolved.
Moshiri v. Home Shopping Network (N.D Cal.)—Putative national class action alleging consumer fraud and breach of contract. Motion to dismiss granted.
Prime Development v. Heartland Bank (S.D. Ill.)—Class action alleging violation of the Illinois Interest Act and breach of contract. Motion to dismiss granted.
Daniel Cubert v. EarthLink (Superior Court, Los Angeles County, California)—National class action alleging unfair business practices under Business and Professions Code Section 17200 and Consumer Legal Remedies Act, and false and misleading advertising. Motion for class certification denied.
Orelt v. Home Shopping Network (Circuit Court, Cook County, Illinois)—National class action alleging false advertising. Motion to dismiss granted, affirmed on appeal.
Ira Satinover v. EarthLink, Inc. (Circuit Court, Cook County, Illinois)—Class action alleging false advertising. Motion to dismiss granted, affirmed on appeal.
Abdoney v. TBC Retail Group (Circuit Court, Palm Beach County, Florida)—National class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act. Motion to dismiss granted.
Dishkin v. TBC Retail Group (Circuit Court, Miami Beach County)—Class action alleging violation of the Florida Deceptive and Unfair Trade Practices Act. Class resolution on favorable terms.
Arbelo v. Charter One Bank (N.D. Ill.)—Class action alleging failure to provide requisite notice regarding ATM transaction fees in violation of the Electronic Funds Transfer Act. The case was successfully resolved.
Nicholas Cercola v. Hewlett-Packard (Circuit Court, Cook County, Illinois)—Class action alleging false advertising. Motion to dismiss granted.
Susan Osmanski v. Vital Dynamics, Inc. (Circuit Court, Cook County, Illinois)—Class action alleging false advertising. The cases were successfully resolved.
McEntee v. Incredible Technologies (Circuit Court, Wayne County, Michigan)—National class action alleging, among other things, false advertising. Motion for summary disposition granted, affirmed on appeal.
Ozgur Aral v. EarthLink, Inc. (Superior Court, Los Angeles County, California)—Class action alleging violation of California’s consumer protection statutes. Motion for class certification denied.
Coon Rapids Lincoln Mercury v. The Star Tribune Company (District Court, Hennepin County, Minnesota)—National class action alleging consumer fraud and breach of contract. The case was resolved for a de minimus amount while defendant’s motion for summary judgment was pending.
James v. Charter One Bank (N.D. Ill.)—Class action alleging failure to provide requisite notice regarding ATM transaction fees in violation of the Electronic Funds Transfer Act. The casewas successfully resolved.
Linda Ranck v. EarthLink, Inc. (Superior Court, Orange County, California)—Class action alleging false advertising regarding Internet service. The action was successfully resolved for a de minimus amount.
Dowhal v. Hewlett-Packard Company (Superior Court, San Francisco County, California)—Class action alleging unfair business practices and false advertising under Business and Professions Code Sections 17200, 17500 and Consumer Legal Remedies Act. The action was successfully resolved.
State of Illinois, ex rel Schad, Diamond v. Maidenform (Circuit Court, Cook County, Illinois)—Action under the Illinois False Claims Act alleging failure to remit tax associated with Internet sales. Action remains pending.