Kerry C.Fowler

Partner

(T) 1.213.243.2792

Kerry Fowler has 14 years of experience litigating and trying complex civil actions, particularly matters involving product liability, toxic tort, fraud and unfair business practices, health care, consumer class actions, and claims arising under the FCRA. She represents clients in state and federal courts and has substantial experience defending clients against nationwide coordinated litigation, in both federal MDL proceedings and coordinated state court actions.

Kerry's trial experience includes defending Yamaha Motor Co. in a three-month product liability trial, which resulted in a unanimous defense verdict. She also defended Dole Food Company in a five-month trial involving 12 Nicaraguan plaintiffs who claimed sterility due to pesticide exposure while working on banana farms in the 1970s.

Kerry also regularly supports the Firm's Health Care & Life Sciences Practices and has represented various health care providers, including Tenet, Cedars-Sinai Medical Center, and Marina Del Rey Hospital, in managed care litigation. She also defended Banner Health and Sutter Health in separate class actions in which plaintiffs alleged the hospital systems charged unreasonably high rates to the uninsured.

Recently, Kerry has defended Experian Information Solutions in class actions and individual consumer cases brought under the FCRA and unfair business practices statutes and has obtained several pleading-stage dismissals and summary judgment for firm clients Experian, L.A. County, and certain California wineries.

Kerry is a member of the State Bar of California and the Association of Business Trial Lawyers. She is also the partner in charge of paralegals for the Los Angeles office.

Experience

  • Tenet Healthcare Systems achieves settlement in arbitration for unpaid reimbursementJones Day represented Tenet Health Systems in arbitration proceedings seeking over $100 million in unpaid reimbursement, due by contract, to over twenty Tenet hospitals in California that had provided medical treatment to Health Net health plan members.
  • Experian obtains complete dismissal with prejudice in consumer class actionJones Day, on behalf of Experian Information Solutions, Inc., recently obtained a dismissal with prejudice of a consumer class action in San Luis Obispo County Superior Court.
  • Experian obtains pleadings-stage dismissal of action alleging unfair business practicesJones Day obtained dismissal at the pleading stage of a complaint filed against Experian Information Solutions, Inc., alleging unfair business practices under California Business & Professions Code 17200.
  • California wineries successfully defend lawsuits alleging trace amounts of arsenic in wine are hazardousJones Day defended three wineries in putative state and national class action lawsuits filed in California, Florida, Louisiana, and Puerto Rico alleging that the trace amounts of arsenic in some California wines is excessive and potentially hazardous.
  • Pilatus resolves aircraft accident cases arising out of 2009 crash of Pilatus PC-12 Legacy aircraftJones Day defended Pilatus Aircraft and Pilatus Business Aircraft Ltd. in aircraft accident cases filed in Los Angeles, California Superior Court.
  • Yamaha prevails in jury trial involving Rhino SxS vehicleAfter a three month trial in the Orange County Superior Court, Complex Division, a jury returned a defense verdict on behalf of Jones Day client Yamaha Motor Co. in a "bellwether" case involving the Yamaha Rhino SxS vehicle.
  • Los Angeles County successfully defends against FEHA age and disability discrimination suitJones Day obtained a demurrer without leave to amend as to all causes of action in a suit alleging Los Angeles County engaged in age and disability discrimination in violation of California's Fair Employment and Housing Act.
  • Los Angeles County secures dismissal of claims of retaliation and discriminationJones Day secured a victory for Los Angeles County in a federal retaliation/discrimination lawsuit brought by four former officers of the now-defunct Los Angeles County Office of Public Safety ("OPS").
  • Los Angeles County obtains dismissal of discrimination suitJones Day client Los Angeles County obtained dismissal of a suit alleging civil rights violations under 42 U.S.C. § 1983 and age and disability discrimination in violation of the California Peace Officers Bill of Rights.
  • Yamaha successfully defends nationwide litigation of product liability cases and claims involving the Rhino side-by-side ("SxS") vehicleJones Day leads Yamaha's defense of Rhino cases and claims pending in the United States.
  • Dole defends against multiple cross-border mass tort cases alleging injuries from pesticide exposureJones Day defended Dole Food Company, Inc. in multiple toxic tort lawsuits brought by agricultural workers from 13 countries claiming that the use of the pesticide dibromochloropropane (DBCP) on banana farms in Latin America, Africa, and the Philippines during the 1970s caused adverse health effects.
  • California Health Plan defeats Blue Shield's injunction in contract dispute and in turn recovers millions of dollarsRepresenting health plan company CareMore Medical Enterprises, Jones Day defeated a TRO and injunction, and successfully represented CareMore in an arbitration concerning a contract dispute over termination of a jointly held Medicare health plan involving more than 13,000 members and implicating tens of millions of dollars of revenue potential.
  • Macy's defends antitrust class actions involving pricing in cosmetics and perfumesJones Day defended Federated Department Stores, including its Bloomingdale's and Macy's West divisions, against several antitrust class action lawsuits filed against Federated and other major retailers in California, alleging a conspiracy to fix prices of cosmetics, including perfumes.
  • Chevron Corporation intervenes in shareholder litigation challenging Unocal mergerJones Day represented intervenor Chevron Corporation in class action lawsuits filed in both California state and federal courts by Unocal Corporation shareholders challenging a proposed merger between Chevron Corporation and Unocal Corporation pursuant to their April 2005 Agreement and Plan of Merger.
  • Diebold defends against unfair competition claim involving parts and service for ATMsJones Day represented Diebold against claims brought by independent service providers alleging unfair competition in the market for parts and service for an installed base of ATMs.
  • Genentech resolves multijurisdictional dispute against contractor hired to convert pharmaceutical plant in SpainJones Day represented Genentech, Inc. in a dispute with a design-build engineer/contractor hired to convert a pharmaceutical plant located in Porriño, Spain.
  • Speaking Engagements

    • January 25, 2017
      Ethics Issues Facing In-House Counsel, Jones Day University
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