Shook Wins Dismissal of Consumer Class Action Against Retail Giant

Shook obtained a full dismissal with prejudice and a defense judgment in favor of client MGA Entertainment, Inc. (MGA) on December 10.

Shook represented MGA in the company’s first consumer class action. The subject of the action was a toy, the 2-in-1 Glamper Fashion Camper (Glamper) from MGA’s product line.

Plaintiffs alleged that numerous children suffered significant injuries when they attempted to push a small button on the Glamper in order to expand the plastic recreational vehicle. Plaintiffs also alleged that MGA knew of the risk but failed to disclose it, took inadequate measures to warn consumers about the risk, and had breached express and implied warranties.

The court had previously dismissed most of the claims, including those for fraud. In the December 10 order, the court agreed with Shook on all counts as it related to the remaining warranty claims, and denied the plaintiffs’ request for further leave to amend based on futility as to the existing claims and lack of diligence as to the new claim the plaintiffs proposed adding. 

The litigation team consists of Partners Amir Nassihi, Frank Kelly, Kevin Underhill and Joan Camagong, and Associate Nalani Crisologo.

The case is Watkins v. MGA Entertainment, Inc., No. 21-cv-00617-JCS (N.D. Cal., December 10, 2021).