Daniel E. Birkhaeuser

birkhaeuserBramson, Plutzik, Mahler & Birkhaeuser
2125 Oak Grove Rd.
Suite 125
Walnut Creek, CA 94598
Tel (925) 945-0200
Fax (925) 945-8792

Daniel E. Birkhaeuser received his law degree from the University of California, Davis in 1988. While at Davis, he served as an Editor of the U.C. Davis Law Review.

Following graduation, Mr. Birkhaeuser joined the law firm of McCutchen, Doyle, Brown and Enersen. At the McCutchen firm, he represented plaintiffs and defendants in a wide variety of complex civil litigation matters including real estate, bankruptcy and environmental litigation. In 1991, Mr. Birkhaeuser co-chaired an eight-week trial in Quadrant Corporation v. First Interstate Bank, Contra Costa County Superior Court Action No. C90-03855 recovering for his client over $15 million which, at that time, was the largest jury verdict, in Contra Costa County history.

In 1992, Mr. Birkhaeuser began to focus his career on class action litigation at the trial and appellate levels. One such matter, Harris v. Chase Manhattan Bank, N.A. (1994) 34 Cal. App. 4th 1563, resulted in a favorable decision, the reasoning of which was affirmed by the California Supreme Court in a companion case entitled Smiley v. Citibank (1995) 11 Cal. 4th 138, and ultimately by the United States Supreme Court in the same case. Smiley v. Citibank (1996) 517 U.S. 735.

Mr. Birkhaeuser joined the firm in 1994 and became a partner in 1997. At the firm, he has prosecuted class action cases involving insurance, false nutritional labeling, price fixing and securities fraud. Mr. Birkhaeuser has held leadership positions in In Re Kansas Vitamin Antitrust Litigation and In re Wisconsin Vitamin Antitrust Litigation (coordinated through proceedings in the District of Columbia and consolidated with parens patriae actions brought by attorneys general in 23 jurisdictions); In Re Polyester Staple Indirect Purchaser Antitrust Litigation; and In Re DRAM Antitrust Litigation. He has also represented consumers in represent consumers in antitrust matters alleging price fixing in the “Flash Memory,” Cathode Ray Tube, Automobile, and Paper industries.

Mr. Birkhaeuser has received Martindale-Hubble’s highest rating of AV. He serves on the Board of Directors of the Warren Eukel Teacher Trust and the Contra Costa County Food From the Bar Committee. He has also served as a judge pro tem in the Contra Costa Superior Court.

Other Significant Cases:

Van Warmerdam v. Honey Hill Farms (arbitration) Honorable William Boone, presiding. Lead counsel in complex contract dispute resulting in verdict in client’s favor on complaint and cross-complaint.

Meadow Wood Land Company v. Landmark Vineyards, Ltd, et. al., First Appellate District No. AO43692. Lead counsel for defendants and respondents in case that settled favorably after the filing of Respondents’ brief on appeal.

Lesher Communications, Inc. v. City of Walnut Creek, 52 Cal. 3d 531 (1991). Landmark decision under California Environmental Quality Act addressing City’s ability to amend general plan by voter initiative.

Acree v. General Motors, Inc., 92 Cal. App. 4th 385 (2001). Important decision defining scope of covenant of good faith and fair dealing and reasonableness of fee award after class action trial against tenacious defendant.

Morelli v. Weider Nutrition Group, Inc., 275 A.D.2d 607, 712 N.Y.S. 2d 551 (1st Dept. 2000). Case of first impression holding that the Nutritional Labeling and Education Act did not preempt plaintiffs claims for false nutritional labeling.

Figueroa v. Sharper Image Corp., 517 F. Supp. 2d 1292 (S.D. Fla. 2007)Lead counsel for objector/class member in state court action who, joined by attorneys general from 35 states, successfully defeated settlement of later-filed federal action on the ground that the settlement was unfair.