Gretchen Freeman Cappio

Gretchen Freeman Cappio has a track record of success in multidistrict litigation.

Gretchen’s passion for striving for meaningful change through the class action device is rooted in her experience representing the plaintiff class in Erickson v. Bartell Drug Co., 141 F. Supp. 2d 1266 (W.D. Wash. 2001). Remarkable for its time, Erickson established that an employer violated Title VII of the Civil Rights Act when its otherwise comprehensive insurance coverage plan failed to cover certain prescriptions vital to women.

Gretchen has gone on to play a key role on the leadership team representing consumers in the multi-billion dollar litigation In re Volkswagen “Clean Diesel” Marketing, Sales Practices, & Prod. Liab. Litig., MDL 2672 (N.D. Cal.). She has been involved in negotiations, drafted key settlement documents, and supervised notice in the 2.0-liter, 3.0-liter, and Bosch settlements. Gretchen presented the 3.0-liter notice plan at the preliminary approval hearing.

Gretchen is also a key member of the Plaintiffs’ settlement team in another impactful diesel emissions MDL, In re Chrysler-Dodge-Jeep EcoDiesel Mktg.,Sales Practices, & Prod. Liab. Litig., MDL 2777 (N.D. Cal.). Lead counsel asked her to coordinate key briefing assignments, expert work, and arguments.

Keller Rohrback is honored to be the sole firm appointed to represent the class in Jabbari v. Wells Fargo & Company, No. 15-2159 (N.D. Cal.). Gretchen co-leads the Keller Rohrback team that filed the first class action lawsuit against Wells Fargo alleging the bank signed its consumers up for products without their authorization. From filing the complaint to settling it for $142 million, Gretchen has played an integral role at every stage of litigation. Through innovative work with renowned economists, the settlement achieves first-of-its kind credit injury damages, which are tailored to each eligible class member’s injury. Plaintiffs’ motion for final approval is currently pending.

From its inception, Gretchen has played a key role in guiding the litigation regarding EpiPen pricing, In re: EpiPen (Epinephrine Injection, USP) Mktg., Sales Practices, & Antitrust Litig., MDL 2785 (D. Kan.). Keller Rohrback’s managing partner, Lynn Sarko, is co-lead of the litigation. He and his co-lead counsel have tasked Gretchen with drafting dispositive briefing and coordinating offensive and defensive discovery.

When a paper products company vacated a Midwestern town and left an environmental disaster in its wake, Gretchen represented the community. The mayor praised Gretchen and her team’s work, stating, “You were knowledgeable, responsive and genuinely cared about the Village’s case.” Gretchen applies these same attributes as a leading member of the Keller Rohrback team that has subsequently been hired by numerous counties to represent them in the national Opioid litigation, In re: National Prescription Opiate Litig., MDL 2804 (N.D. Ohio). Keller Rohrback’s team is designing a damages model that seeks to address one of the most urgent human-made epidemics in our country’s history.

When parents discovered their children’s toys were contaminated by lead paint, they hired Gretchen to bring the case that became In re Mattel, Inc., MDL 1897 (C.D. Cal.). In addition to briefing core legal issues, Gretchen worked with lead poisoning experts for litigation and settlement purposes.

With a reputation for effective collaboration and leadership, Gretchen takes on impactful litigation and delivers meaningful results.

Among Gretchen’s all-time favorite pieces of mail is a photograph of a satisfied client in a baby products case and her young son holding a homemade, hand-written sign that simply says “Thank you Mrs. Cappio.”