LOS ANGELES (Legal Newsline) - A serial plaintiff in class-action lawsuits has dropped out of at least two cases over claims defense lawyers have harassed him about ties to his lawyers, including an allegation he was involved in an “intermingled intimate relationship” with a former college roommate and his attorney.
Philip White filed a motion to dismiss the class action he brought against the makers of Texas Pete hot sauce, citing the “harassment he and his friends have experienced” as defense lawyers probed his relationship with the Clarkson Law Firm. White similarly dismissed another against Kroger earlier this year after complaining about defense lawyers who hired private detectives and subpoenaed details of his personal life including his relationship with CLF attorney Lauren Anderson.
White’s former roommate, Daniel O’Brien, is married to Anderson. The judge overseeing the Kroger case earlier this year described the three as being in a “tangled relationship” that included multiple trips together and attending graduation and wedding ceremonies. Under oath, White “failed to deny he was solicited by his former college roommate and close friend” to serve as lead plaintiff in class actions, U.S. Magistrate Judge Robert Illman wrote in an April 13 order allowing Kroger to subpoena witnesses to investigate the relationship further.
White’s unilateral dismissals are unusual given that both cases survived defense motions to dismiss, which in class actions typically leads to settlements including millions of dollars in fees for plaintiff lawyers. His willingness to walk away could reflect increasing aggressiveness by defense attorneys who investigate the relationships between named plaintiffs and the law firms that specialize in bringing class actions.
In the Texas Pete and Kroger cases, White said defense lawyers falsely accused him of being involved in an illegal “capper arrangement,” in which intermediaries bring clients to law firms in exchange for some type of consideration.
“This unsupported contention has led defendant to engage in harassing and dangerous behavior toward an employee of Clarkson Law Firm as well as Plaintiff’s friends who have no connection to this case,” White said in his motion to dismiss, which a federal judge granted Oct. 3. California law prohibits law firms from hiring non-lawyer “runners” and “cappers” to solicit clients.
White sued T.W. Garner Food Co. over claims it fooled shoppers into thinking Texas Pete hot sauce was made in Texas, even though the label states the company is based in North Carolina. Federal Judge Maame Ewusi-Mensah Frimpong in Los Angeles decided in July that the claims had enough merit to proceed to trial, but White apparently decided otherwise.
In his motion to dismiss, he referred to a similar class action he filed against Kroger in 2021, also represented by the Clarkson Law Firm, over claims it sold “Reef Friendly” sunscreen that wasn’t.
Defense lawyers in that case obtained subpoenas to look into White’s relationship with the Clarkson firm, former roommate O’Brien and O’Brien’s father, Christopher. There were no public allegations that money changed hands among the parties, although Judge Illman concluded there was enough evidence of an improper relationship to uphold subpoenas to investigate further.
The judge also ordered Clarkson to cease representing the O’Briens, since that could pose a conflict with the law firm’s representation of class members.
Named plaintiffs are supposed to represent the interests of absent class members holding similar claims, although in practice many law firms recruit friends and family members to serve in that role, casting doubt upon their independence and willingness to object to excessive fees.
Judge Hillman allowed the Kroger case to proceed, but White nevertheless moved to dismiss in July, citing “escalating harassment and intimidation.” Kroger opposed the motion, saying it came only after it informed the judge of evidence White was “capped” to serve as a plaintiff in at least five class actions.
Kroger also sought $225,000 in legal fees, which the judge denied. In that filing, Kroger said it only hired private detectives after White and his friends “dodged service.” Kroger also said White knew that O'Brien's father had received an “award” in another Clarkson lawsuit.
The team of Clarkson and White was more successful in an earlier lawsuit against GlaxoSmithKline over Benefiber, which was settled for $6.5 million. His latest dismissals were without prejudice, meaning Clarkson can likely proceed with similar claims under the name of a new lead plaintiff.