Rosemary has dedicated her legal career to representing consumers in complex class action litigation involving a wide variety of claims, from false advertising and defective products to privacy violations. She is committed to obtaining justice for consumers and has recovered billions of dollars for her clients and the classes they represent.
Rosemary serves in leadership positions in a number of large-scale complex class action cases and multi-district litigation. In a highly competitive appointment process, the Honorable Charles R. Breyer appointed Rosemary to the Plaintiffs’ Steering Committee in the Volkswagen Clean Diesel Litigation, which resulted in a record-breaking settlement totaling more than $14 billion. The Recorder, a San Francisco legal newspaper, named the lawyers selected by Judge Breyer as a class action “dream team.” For her work in the Volkswagen case, Rosemary received the 2018 California Lawyer Attorney of the Year (CLAY) Award, which is given to outstanding California lawyers “whose extraordinary work and cases had a major impact on the law.”
In 2022, Rosemary was appointed to serve as Plaintiffs’ Interim Co-Lead Counsel in the In re: Gerber Heavy Metals Baby Food Litigation, which involves allegations that Gerber marketed and sold baby foods containing dangerous levels of heavy metals such as lead and inorganic arsenic. In his order appointing Rosemary as Interim Co-Lead Counsel, Judge Michael S. Nachmanoff wrote that Rosemary has “significant experience and knowledge litigating class action cases involving food mislabeling consumer fraud.”
She has received numerous awards and honors for the quality of her legal work, including the Bay Area Legal Aid Guardian of Justice Award for her achievements in the law and her role in helping direct cy pres (remaining settlement) funds to promote equal access to the legal system. She has been recognized as a Northern California Super Lawyer since 2019, and was previously named a Rising Star by Super Lawyers Magazine.
Rosemary is a fluent Spanish-speaker and previous served on the Board and as Diversity Director of the Barristers Club of the San Francisco Bar Association. She frequently presents at legal and industry-group conferences on developments in consumer protection and class action litigation.
Litigation Highlights
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Porsche Gasoline Litigation
As part of the Plaintiffs’ Steering Committee and as Class Counsel, Rosemary represented consumers alleging that Porsche engaged in practices that skewed emissions and fuel economy test results for certain Porsche vehicles. The Honorable Charles R. Breyer recently granted preliminary approval of a proposed nationwide class action settlement providing a non-reversionary common fund of $80 million.
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Lash Boost Cases
As Class Counsel, Rosemary Rivas represented consumers who alleged that Rodan + Fields failed to disclose material information relating to its Lash Boost product, namely, the potential side effects and risks of adverse reactions presented by the ingredient Isopropyl Cloprostenate. The Honorable Ethan Schulman recently granted preliminary approval of a proposed nationwide class action settlement providing a non-reversion common fund of $30 million in cash and $8 million in credits.
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In re: Apple Inc. Device Performance Litigation
The Honorable Edward J. Davila appointed Rosemary to the Plaintiffs’ Executive Committee in this nationwide class action alleging that Apple intentionally slowed down consumers’ iPhones. The case settled for $310 million.
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In re: Hill's Pet Nutrition, Inc., Dog Food Products Liability Litigation
Rosemary represented consumers alleging that Hill’s sold dog food with excessive Vitamin D that was harmful to pets. Chief Judge Julie A. Robinson granted final approval of a nationwide class action settlement providing for a common fund of $12.5 million.