Caleb Marker is a partner at Zimmerman Reed, working out of the firm’s Los Angeles office. Caleb has dedicated a significant portion of his practice to consumer protection and employment cases, including consumers, misclassified employees, mortgage borrowers, student loan borrowers, and senior citizens.
Caleb is a creative litigator who has been a leader in the consumer protection area and has been actively involved as class counsel in cases that have provided meaningful recoveries, through trial or settlement. He has first-chair trial experience in court and arbitration, having tried several cases to verdict and award. In 2016, he tried the first merits arbitration in the United States that alleged that a “gig economy” worker was an employee as opposed to an independent contractor and has continued to try and advance such cases in arbitration and courtrooms. He has briefed and argued appeals in California, Michigan, and the Ninth Circuit.
In 2018, Caleb was selected as a drafter and member of the editorial board for The Bolch-Duke Conference Guidelines and Best Practices published by Duke Law School. The guidelines, drafted and edited by attorneys and state and federal judges, were recently published as “Implementing 2018 Amendments to Rule 23 – Class Action Settlement Provision (2018)” and are available for download: Executive Summary and Full Report.
Caleb currently represents misclassified employees in cases in state and federal court, as well as in arbitration. In addition, Caleb represents women subjected to pay discrimination and, as a result, paid less than their male colleagues in California.
Caleb also represents tobacco consumers as a member of the plaintiffs’ steering committee for In Re: Santa Fe Natural Tobacco Company Marketing and Sales Practices Litigation (MDL 2695) currently pending in the U.S. District Court for the District of New Mexico. The Santa Fe MDL was recently the subject of an in-depth article published by Bloomberg Businessweek in an article entitled “Nature’s Cancer Sticks: American Spirits Long, Strange Trip to Court.” Caleb is also currently part of the ZR team representing the multiple U.S. states in investigations and litigation against entities responsible for the deceptive marketing and sale of opioids..
Caleb leads the firm’s involvement in representing a sexual assault survivor of Larry Nassar, the former Michigan State University team physician and U.S. Women’s Gymnastics Team coach. Nassar has been sentenced to up to 175 years in prison and dozens of high-ranking university and gymnastics officials have been ousted or face criminal investigations for their role in these heinous crimes. Among other issues, Caleb is defending Michigan P.A. 183 which provided a brief window for child sexual assault survivors to bring suit regardless of whether the statute of limitations had previously lapsed.
In recent years, Caleb’s successes include leading a class action against the City of Los Angeles and Xerox that drew widespread media attention, winning a trial that now requires the City to end its decades-long outsourcing of the City’s parking violations bureau in a case that will help over a hundred thousand motorists in Los Angeles in the next few years. Caleb later defended the trial court’s verdict on appeal, resulting in a unanimous opinion fully affirming the trial court’s verdict and award under the private attorney general doctrine. Weiss v. City of Los Angeles, 2 Cal. App. 5th 194 (August 8, 2016).
Caleb has been a driving force in a number of class actions that have resulted in eight-figure settlements, including actions that have involved misclassified employees, homeowners that have fallen victim to force-place insurance practices, patients at understaffed nursing homes, consumers of dangerous gas absorption refrigerators, and student loan borrowers who were overcharged for interest.
- In re: Santa Fe Natural Tobacco Company Marketing and Sales Practices Litigation(MDL 2695), Plaintiff’s Steering Committee
- In re: Syngenta AG MIR162 Corn Litigation (MDL 2591)
- In re: McGregor-Mayweather Boxing Match Pay-Per-View Litigation (MDL No. 2806)
- In re: Pacquiao-Mayweather Boxing Match Pay-Per-View Litigation (MDL No. 2639)
- Weiss v. City of Los Angeles, 2 Cal. App. 5th 194 (August 8, 2016), review denied (Nov. 22, 2016) (affirming trial court verdict)
- Circeo-Loudon v. Green Tree Servicing, LLC, No. 14-CV-21384, 2016 WL 8256853 (S.D. Fla. Aug. 30, 2016) ($52 million settlement)
- Etter v. Thetford Corp., No. SACV1300081JLSRNB, 2017 WL 1433312 (C.D. Cal. Apr. 14, 2017) ($39 million settlement)
- Pappas v. Naked Juice Co of Glendora, Inc., No. LACV1108276JAKPLAX, 2014 WL 12382279, at *1 (C.D. Cal. Jan. 2, 2014) (approving $9 million settlement)
- Michigan Fin. Auth. v. Kiebler, 495 Mich. 874, 837 N.W.2d 685 (2013) (resulting in $13 million settlement)
- Trauth v. Oxnard Hospitality, LLC, No. EDCV0901316VAPDTBX, 2012 WL 12893448, at *1 (C.D. Cal. Nov. 7, 2012) ($12.9 million settlement)
- Doe v. Cin-Lan, Inc., No. 08-CV-12719, 2011 WL 37970, at *4 (E.D. Mich. Jan. 5, 2011) ($11.3 million settlement)
Caleb serves on the Los Angeles County Bar’s Litigation Executive Committee and Access to Justice Committee, the latter of which aims to maximize the delivery of legal services to the poor and encourage attorneys to provide free legal services to those in need. Several of his successes have been recognized as a “Top Settlement & Verdict” by the Los Angeles Daily Journal and Michigan Lawyers Weekly. He has been interviewed by numerous media outlets, including NBC, Fox Business, NPR, The Wall Street Journal, AP, the Los Angeles Times, LA Weekly, and Law360. He has also been recognized as a Rising Star of Law in Southern California by Super Lawyers from 2015-2018, after a peer-nomination and review process awarded to less than 2.5% of attorneys under 40.
A native of Michigan, Caleb graduated from Michigan State University’s James Madison College and College of Law. He is a member of the Los Angeles County Bar Association (LACBA), Duke Law’s Bolch Judicial Institute and Electronic Discovery Reference Model (EDRM), the Federal Bar Association (FBA), the American Association for Justice (AAJ), Consumer Attorneys Association of Los Angeles (CAALA), and Consumer Attorneys of California (CAOC).
- State Bar of California
- District of Columbia Bar Association (inactive)
- State Bar of Michigan
- State Bar of Texas
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Western District of Michigan
In The News
- Law360, “$11.5M Postmates Driver Deal In PAGA Suit Needs More Info“
- Law360, “Hewlett Packard Enterprise Hit With Gender Pay Gap Suit“
- Courthouse News, “Judge Mum on Status of Uber Spying Class Action“
- NBC Los Angeles, “City sued for unlawfully allowing a private for-profit company to process challenges to tickets“
- Bloomberg, “Lyft Drivers Sue Uber Saying It Spied on Them to Gain Edge“
- Law360, “Lyft Drivers Sue Uber Over Use of ‘Hell’ Tracking Software“
- The Guardian, “Uber’s secret Hell program violated drivers’ privacy, class-action suit claims“
- Fortune, “Former Lyft Driver Sues Uber Over ‘Hell’ Tracking Program“
- Channel 2 News (Isreal), “International Class Action Litigation (segment in Hebrew)“
- Law360, “CVS’ Shoddy Shipping Ruined Arthritis Drug, Suit Says“
- Bloomberg, “Nature’s Cancer Sticks: American Spirits Long, Strange Trip to Court“
- Law360, “Judge OKs $36M Deal For Bad RV Fridges, Denying Objectors“
- Law360, “Fans Defend MDL Over Pacquiao, Mayweather Fight“
- KFI News / John & Ken Show, “Attorney Caleb Marker: Victory over L.A. parking tickets”
- LA Weekly, “Court Issues Huge Victory Over L.A. Parking Tickets“
- NBC, “City of Los Angeles Ordered to Change Parking Ticket Dispute Process”
- California Appellate Report, “Weiss v. City of Los Angeles (Cal. Ct. App. – Aug. 8, 2016)”
- Law360, “NFL Fans Want Sunday Ticket Suit Returned To Calif. Court“
- Law360, “Truck Buyers Seek Cert. In GM Diesel Economy Suit“
- Law360, “Vizio Smart TV MDL Should Go To Ark. Or Ind., JPML Told“
- Law360, “GM Can’t Crush Truck Buyers’ Diesel Economy Class Action“
- Law360, “$36M Deal In Faulty Fridge Suit Is Sufficient, Class Says”
- Chicago Tribune, “Fight of century becomes fight in court as fans sue Manny Pacquiao”
- L.A. Daily J., “Verdicts & Settlements: Consumer Protection – $11.5 million”
- L.A. Daily J., “Verdicts & Settlements: Municipalities – Writ Granted”
- Lansing State Journal, “Settlement checks arriving for borrowers in interest-free Michigan student loan case”
- Michigan Lawyers Weekly, “Class action filed over student loan program: Borrowers suddenly ineligible for rate deal”
- Lansing State Journal, “Settlement over Michigan interest-free student loan program will pay up to $1,200 to borrowers”
- LA Times, “Judge calls into question how L.A. handles parking ticket challenges”
- NBC, “Judge: LA’s Parking Ticket Appeal System ‘Illegal’”
- Law360, “Hain Can’t Escape Suit Over ‘Natural’ Tea Labeling”
- Law360, “9th Circ. Upholds Dismissal Of Redbox Privacy Class Action”
- L.A. Daily J., “Verdicts & Settlements: Employment Law – FLSA – $12.9 million”
- J.D., Michigan State University College of Law
- B.A., Michigan State University