Wyndham

Wixon v Wyndham

Case Number: Case No. 3:07-cv-02361

Last Updated: May 28, 2023

Status

Settled, certified class of California residents

Location

US District Court, Northern District of California

Presiding Judge

Judge White

Date Filed

05/01/2007

Highlights

Settled: Wyndham agreed to cancel 22 million vacation credits valued at $40M and to pay class counsel’s fee award of almost $5M.

Case Posture

Claims:

Claims: class claim for breach of contract, breach of implied covenant of good faith and fair dealing, violations of CA UCL (B&P 17200, 11210), Dec Relief

Posture:

Settlement of certified class of California residents: Wyn to cancel 22M vacation credits valued at $40M, board action re budget and election, voting power, etc.; fee award of about $5M.

Summary:

From CV of Class Plaintiff expert, Russell Lamb, PhD: “In certifying the class in Clarke and Rebecca Wixon, et al. v. Wyndham Resort Development Corp., et al., the Court held that ‘Dr. Lamb [had] presented a plausible class-wide method of proof.”

Parties

Plaintiffs:

Clarke Wixon, on his own behalf and on behalf of other simularly situated timeshare owners

Plaintiffs’ Counsel:

Edward W. Swanson
Swanson & McNamara LLP
ed@smllp.law

Daniel Timothy LeBel, Esq.
danlebel@consumerlawpractice.com

Elizabeth Cheryl Pritzker
Jonathan Krasne Levine
Pritzker Levine LLP
ecp@pritzkerlevine.com
jkl@pritzkerlevine.com

James S. Helfrich (CO)
Jordan David Factor (CO)
Allen & Vellone PC
jhelfrich@allen-vellone.com
jfactor@allen-vellone.com

 

Defendant:

Wyndham

Wyndham’s counsel:

Troutman Sanders
Thomas Whitelaw & Tyler
Riley Safer Holmes & Cancila

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