Plaintiffs law firm Keller Postman has sued Fox Corp-owned streaming company Tubi and its lawyers at Jenner & Block, seeking a court order that would forbid them from contacting its clients as the two sides trade accusations of litigation misconduct.
The lawsuit, filed on Wednesday in Los Angeles County Superior Court, also seeks to bar Tubi and Jenner from using any materials related to Keller Postman’s clients that they obtained through a private investigator.
Keller Postman accused Jenner’s investigator, an ex-FBI agent, of using harassing, deceptive and intimidating tactics to squeeze privileged and confidential information out of 21 of its clients who had filed and then retracted arbitration demands against Tubi.
Tubi, Jenner & Block and Keller Postman managing partner Warren Postman did not immediately respond to requests for comment.
Tubi in May sued Keller Postman over nearly 24,000 complaints of discrimination the firm filed against the company with private arbitration service JAMS, putting Tubi on the hook for $48 million in upfront arbitration fees unless it settled. To settle the complaints, Keller Postman demanded $71.2 million, or $3,000 per claimant, Tubi alleged.
Tubi alleged Keller Postman filed “cookie-cutter claims” without investigating the facts. Keller Postman’s arbitration demands alleged discrimination through targeted advertising based on age, gender or sex, but Tubi said the demands did not identify the ads or the claimants’ demographics.
Keller Postman on Monday asked a judge to disqualify Jenner from representing Tubi in the D.C. case, citing the same alleged harassment at the center of Wednesday’s lawsuit.
Keller Postman alleged in its Los Angeles lawsuit that Tubi and Jenner are trying to pressure or intimidate it into “recommending a lower settlement of its clients’ underlying consumer claims against Tubi.”
The case is Keller Postman LLC v. Jenner & Block LLP, et al., Los Angeles County Superior Court, No. 24STCV32754
For Keller Postman: Warren Postman of Keller Postman
