John Rosenthal
With more than 30 years of trial experience, John litigates complex commercial, class action, and multidistrict litigation. He also has substantial experience defending clients before federal and state enforcement agencies. His substantive focus includes antitrust, unfair competition, and false advertising. Lawdragon has recognized him as one of the “500 Leading Litigators in America.” Clients say he is “a great trial lawyer” who “is a bulldog for his clients,” is “always prepared on the law and the facts,” and “understands the business and risks that actually matter to his clients.” Chambers USA highlights his “reputation for excellence in some of the most challenging and complex litigation matters of recent years,” noting that one client lauded him as a “shining star.”
Key Matters
John’s representative matters include:
Multi-District & Products Liability
- Koller v. Monsanto Co., Case No. 3:22-cv-04260 – currently defending Monsanto in a claim that impurities in is Roundup products causes cancer. (N.D. CA)
- Perez-Hernandez v. Monsanto, No. 3:23-CV-4946 – currently defending Monsanto in a class case seeking medical monitoring relief over allegations that Roundup products cause cancer. (MDL No. 2741 – D. CA).
- In re ZF-TRW Airbag Controls Unites Products Liability Litigation – defending Toyota in allegations relating to certain airbag control units. (MDL – C.D. CA)
- In re: Abilify (Aripipriazole) Products Liability Litigation – defending Otsuka in a products liability litigation relating to Abilify. (MDL – N.D. FL)
- In re JUUL Labs, Inc., Marketing Sales Practices, and Products Liability Litigation – defended JUUL in allegations regarding marketing practices around their vaping products. (MDL No. 2913 – N.D. CA)
In re: Abilify (Aripipriazole) Products Liability Litigation – defending Otsuka in a products liability litigation relating Abilify. (MDL No. 3:16-md-2734 – D. FL) - In re: Ethiopian Airlines Flight ET 302 Crash – defended Boeing relating to the crash of a 737 airliner. (MDL 3072 – N.D. IL.)
- In re Takata Airbag Products Liability Litigation – representing Toyota in an MDL action regarding claims of alleged product liability defect in airbags. (MDL – FL)
- In re Genetically Modified Wheat Litigation – representing Monsanto in an MDL action regarding class claims of the alleged wrongful distribution of genetically modified wheat. (MDL – D. KS)
- In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation – representing Toyota in an MDL action regarding claims involving Toyota’s electronic accelerator technology. (MDL – C.D. CA)
- In the Matter of The Fort Totten Metrorail Cases – defended Alstom Transport in a case involving a collision on the Washington Metropolitan Area Transit Authority’s subway system. (D. DC)
Complex Class Litigation and False Advertising
- Tomlinson, et al. v. Monsanto Co. (Jackson County, MO) – defending Monsanto in a class action relating to Roundup.
- Gilmore v. Monsanto Co., et al. – defended Monsanto in a class action relating to Roundup. John also argued and was affirmed by the 9thCircuit in this matter. (N.D. CA)
- Sheller v. Bayer AG – defending Monsanto in a class action relating to Roundup. (S.D. IN)
- Thomas v. Costco Wholesale Corp. – defended Monsanto and Costco in a class action relating to Roundup. (E.D. NY)
- Shelly v. Target Corp. (Palm Beach County, FL) – defended Monsanto and Target in a class action relating to Roundup.
- Biddle v. Lowe’s Home Centers, LLC (Palm Beach County, FL) – defended Monsanto and Lowe’s in a class action relating to Roundup.
- Jewell v. Walmart, Inc. (W.D. AR) – defended Monsanto and Walmart in a class action relating to Roundup.
- Morley v. Ace Hardware Corp. (Broward County, FL) – defended Monsanto and Ace in a class action relating to Roundup.
- Lamerson v. Walmart Stores, Inc. (S.D. FL) – defended Monsanto and Walmart in a class action relating to Roundup.
- Boyette v. Lowe’s Companies, Inc. (W.3D. AR) – defended Monsanto and Lowe’s in a class action relating to Roundup.
- Jones v. Monsanto Co., 2021 WL 2426126 (W.D. Mo. May 12, 2021), aff’d, 38 4th 693 (8th Cir. 2022) – represented Monsanto in consolidated putative class actions regarding unfair competition claims concerning the labeling of its Roundup brand (E.D. MO). John also argued and was affirmed by the 8thCircuit in this matter.
- Blitz v. Monsanto Co., Case No. 3:17-cv-00473 – representing Monsanto in a putative class action alleging false advertising in association with its Roundup brand. (W.D. WI)
- Beyond Pesticides v. Monsanto Company, Case No. 1:17-cv-00941 – representing Monsanto an unfair competition claim brought by a consumer advocacy group alleging false advertising in association with its Roundup brand.
- Rawa v. Monsanto Co., 2018 WL 2389040 (E.D. Mo. May 25, 2018), aff’d, 934 F.3d 862 (8th Cir. 2019) – represent Monsanto against a false advertising claim relating to the marketing of Roundup. John also argued and was affirmed by the 8thCircuit in this matter.
- Miraze v. Monsanto Co. – represent Monsanto against a false advertising claim relating to the marketing of Roundup. (C.D. CA)
- Blackmore v. Union Pacific Railroad – represented Union Pacific in a data breach class action. (D. NE)
- Boiles v. Union Pacific Railroad – represented Union Pacific in a data breach class action. (D. NE)
- In the Matter of Certain Digital Multimeters, and Products with Multimeter Functionality – successfully represented Fluke Corp. in an action brought before the ITC seeking to stop the illegal importation of electronic test equipment violating Fluke’s trade dress. A general exclusion order was issued in favor of Fluke. (ITC 337)
- J&J Snack Foods Corp. v. The Earthgrains Co., et al. – successfully represented Nestlé as a defendant in a trademark infringement action concerning the Nestlé Tollhouse brand. (D. NJ)
Antitrust
- In re Insulin Pricing Litigation, Case No. 3:17-cv-00699 – assisted a manufacturer in allegations relating to the pricing of insulin products. (D. NJ)
- Smokey Alley Farm Partnership v. Monsanto Co., et al. – defending Monsanto in a Section 1 and Section 2 Sherman Act case relating to soybean seeds. (E.D. MO)
- MLR v. Dell – represented Dell in an antitrust counterclaim against a patent troll alleging a Section 1 violation. (E.D. VA)
- In re: Text Messaging Antitrust Litigation – defended Verizon against claims of price fixing relating to charges for text messaging services, resulting in summary judgment in favor of the defendants. (N.D. IL)
- Monsanto Co. v. AgVenture, Inc., et al. – defended Monsanto against counterclaims brought under Section 1 and 2 of the Sherman Act alleging exclusive dealing and tying. (E.D. MO)
- Monsanto Co. v. E.I. DuPont De Nemours and Co. – defended Monsanto in a Section 2 Sherman Act case brought by DuPont relating to genetically modified crops.
- In re Vitamins Antitrust Litigation – represented an opt-out plaintiff against various vitamins suppliers alleged to have engaged in a worldwide price-fixing cartel. The client was one of more than 300 opt-out plaintiffs working jointly in a group representing 70% of the potential claims. The claims were settled favorably for the client, with reimbursement for overcharges ranging among the highest percentage recovered in a Sherman Act case. (D. DC)