Bethany G. Lukitsch

She | Her | Hers

Partner

Los Angeles
T +1.310.442.8856
F +1.310.820.8859

Overview

Recognized by the Los Angeles Business Journal as one of the "Women of Influence in 2021" in Los Angeles, Bethany serves as Co-Leader of BakerHostetler's Class Action Defense practice team. Bethany has over two decades of experience litigating class actions and complex litigation, including the defense of consumer class actions, antitrust cases, mass tort and product liability claims, data privacy matters and commercial disputes. Her commitment, tenacity and ability to streamline the most complicated cases makes her a trusted advisor to clients in some of their most complex and challenging matters.

Bethany has significant first-chair and liaison experience in multidistrict and class litigation for global and Fortune 500 companies and product manufacturers. Her class action experience includes defeat of nationwide class certification, summary judgment under various states’ consumer protection laws and successful mediation and resolution of class-wide claims when the client’s business interests dictate resolution over protracted litigation. Bethany holds the CIPP/US credential as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP).

Select Experience

  • Defended 12 national retailers in three putative class actions (one matter pending in Pennsylvania state court and two in the Western District of Pennsylvania) in claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law arising out of the taxation of cloth face masks during the pandemic. Won dismissal of the two federal court actions.
  • Serve as trial co-counsel for owner in construction defect litigation involving 544-unit apartment complex in Marina del Rey, California.
  • Served as trial counsel for a marketing firm in a remote bench trial in the Central District of California in lawsuit alleging breach of settlement agreement.
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Experience

  • Defended 12 national retailers in three putative class actions (one matter pending in Pennsylvania state court and two in the Western District of Pennsylvania) in claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law arising out of the taxation of cloth face masks during the pandemic. Won dismissal of the two federal court actions.
  • Serve as trial co-counsel for owner in construction defect litigation involving 544-unit apartment complex in Marina del Rey, California.
  • Served as trial counsel for a marketing firm in a remote bench trial in the Central District of California in lawsuit alleging breach of settlement agreement.
  • Represented a medical device company in a putative class action in Massachusetts state court involving claims that certain patients were exposed to blood-borne pathogens during colonoscopies. Claims resolved on an individual claimant basis and class claims dismissed with prejudice.
  • Secured dismissal on behalf of a publicly-traded kitchen and bath cabinet manufacturer in a putative class action in the Central District of California in which the plaintiff alleged claims for defective cabinet finish under the CLRA, UCL, Song-Beverly Consumer Warranty Act and Magnuson-Moss Warranty Act. The court dismissed the case with prejudice.
  • Defended a pharmaceutical company in a putative class action filed in the Central District of California regarding marketing of an aesthetics product. Successfully narrowed nationwide claims to California and resolved the case on an individual plaintiff basis after aggressive discovery and motion practice.
  • Represented an American retailer of hard surface flooring in the Northern District of California in a putative nationwide class action brought by purchasers of bamboo flooring against them. The parties reached a settlement after narrowing the scope of the allegations to a single product line and limiting the putative class to six state classes.
  • Represented an American retailer of hard surface flooring as lead counsel in multidistrict litigation involving more than 140 class actions alleging excessive levels of formaldehyde in Chinese manufactured laminate flooring. The parties reached a settlement after winning partial summary judgment and dismissal of half of the claims.
  • Represented an American automobile manufacturer before the Judicial Panel on Multidistrict Litigation in defeating plaintiffs’ efforts to create an industry-wide multidistrict litigation. Secured transfer of the matter under 28 U.S.C. § 1404 to the client’s home jurisdiction in the Eastern District of Michigan.
  • Defended a polyurethane foam manufacturer in direct purchaser and indirect purchaser antitrust class actions and opt-out litigation stemming from allegations of price-fixing and market allocation.
  • Represented an American consumer packaged goods holding company as liaison counsel in multidistrict and state court litigation involving several hundred individual and purported class action lawsuits alleging Salmonellosis from the consumption of one of its products. Defeated class certification, awarded summary judgment and dismissals in more than 100 individual cases and effectively implemented coordinated national discovery procedures.
  • Represented global power tool manufacturer in toxic tort cases and domestic and international discovery matters.
  • Represented and provided counsel to food and beverage manufacturers, furniture and cabinet manufacturers, and equipment manufacturers and retailers in labeling disputes involving California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
  • Won summary judgment against the State of New Hampshire for a handheld outdoor power tool manufacturer in declaratory judgment matter regarding the state’s new dealer laws. Summary judgment upheld on appeal to the New Hampshire Supreme Court.
  • Defended a handheld outdoor power tool manufacturer in prominent California wildfire litigation.
  • Defended a NYSE-traded insurance company in complex antitrust litigation involving alleged violations of federal antitrust laws and state consumer protection statutes.
  • Defended a Fortune 100 company in multidistrict class action and opt-out antitrust litigation involving the vitamins industry in the District of Columbia and various state courts.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America® (2021 to 2022)
    • California: Mass Tort Litigation/Class Actions
  • Los Angeles Business Journal Top Women Attorneys (2020 to 2021)
  • Los Angeles Business Journal Women of Influence: Attorneys (2021)
  • Virginia "Super Lawyer" (2007, 2009)
    • Rising Star (2007, 2009)

Memberships

  • American Bar Association
    • Antitrust Division

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Eastern District of Virginia
  • California
  • Virginia

Education

  • J.D., University of Richmond School of Law, 1998, cum laude; University of Richmond Law Review, Manuscripts Editor
  • B.S., College of William and Mary, 1994