William A. Kershaw | Kershaw Talley Barlow

About

For over 40 years, Bill has represented clients in class actions, mass torts and complex litigation in state and federal courts, including coordinated and multi-district proceedings. Prior to entering civil practice, Bill spent nine years in the District Attorney’s Office of Sacramento County where he tried 75+ cases to verdict including a 7-month jury trial in which he convicted Sacramento City’s then ex-Vice Mayor. He also supervised the Consumer and White-Collar Fraud Division, various felony trial teams, and Sacramento County’s Career Criminal Unit.

He is a founding partner of Kershaw Talley Barlow PC (formerly Kershaw, Cook & Talley, PC). Bill’s experience includes serving as court-appointed lead and co-lead class counsel, and liaison counsel on behalf of plaintiffs in numerous class action, mass tort, and consumer-related proceedings throughout the United States.

He is named a Northern California Super Lawyer by Thompson Reuters for 20 consecutive years (2005-2025), Best of the Bar 2014-2025 by Sacramento Business Journal, 2015-2025 Top Lawyer by Sacramento Magazine.

He has achieved many significant settlements and verdicts on behalf of plaintiffs and is currently serving as Co-Liaison Counsel in two large Coordinated Proceedings involving tens of thousands of plaintiffs . During his career, some of the cases he has handled include:

Lead Counsel/Executive Committee, In Re Neptune Society Cases, JCCP No. 1814/1817 (Sacramento County).
Co-Lead Counsel/Executive Committee, In Re Sconce Lamb Cremation Cases, JCCP No. 2005 (Los Angeles County).
Co-Lead Counsel/Executive Committee, In Re Vierra Flying Service, JCCP No. 4078; Hoeffner, et al. v. Viera Flying Service, et al. No. 97AS02993, coordinated in California Superior Court, County of Sacramento.
Lead Class Counsel, Bushnell, et al. v. Cremar, Inc., et al. California Superior Court, County of Orange, No. 657778.
Lead Class Counsel, Dorothea Locke and Agnes Boehner v. Pomona Cemetery Association, et al., (and related actions), California Superior Court, County of Los Angeles, No. 001190.
Lead Class Counsel, Noerdinger, et al. v. City of Santa Clara, dba Mission City Memorial Cemetery, et al. California Superior Court, County of Santa Clara, Mass Tort No. 672565

Through use of the class mechanism, when it was possible to obtain certification of an emotional distress class, Bill prosecuted six class actions (see below) throughout California to eradicate the common practice of commingling cremated remains through the cremation of multiple bodies in a single retort and commingling remains either in the retort or through scattering. One case resulted in the criminal prosecution and conviction of David Sconce for murder. Mr. Sconce headed up the crack cocaine trade in Pasadena and among other horrific practices, used his retorts to dispose of and comingle bodies from contract killings in the drug trade. The problem was he had also contracted with over 200 funeral homes throughout LA to cremate their clientele. These class action prosecutions resulted in reformation and regulation of the cremation industry in California and Bill’s testimony (among others) during committee hearings was instrumental in securing passage of the regulatory scheme which cleaned up the industry:
California Superior Court, County of San Francisco, No. 975982. Bill served as lead class counsel in a certified class filed on behalf of purchasers of workers’ compensation insurance alleging breach of implied covenant of good faith and fair dealing, breach of contract and fraud for over-estimating the cost of workers’ compensation claims resulting in higher insurance premiums. The case was exceptionally complex involving millions of data record and extensive actuarial analysis by the country’s leading experts well versed in regression methodologies. The case was tried to a defense verdict after a seven-month trial.
(N.D. Cal C 03 2001 TEH), Bill served as co-lead class counsel and represented over 23,000 current and former UPS drivers which settled for an $87 million cash payment and other monetary benefits that were valued at more than $4 million, the largest class-action settlement in California history at that time based solely on meal, rest period violations and itemized statement violations. In addition to the monetary benefits, the Cornn litigation also served as a catalyst to change the complained of practices within UPS. Eight months after the Cornn case was filed UPS completely changed its meal and rest break policies and procedures throughout California. This was a non-reversionary settlement in which any unclaimed funds were paid in equal parts to the San Francisco and Los Angeles Food Banks. Not a single class member objected to the Cornn settlement, which was approved by Judge Thelton E. Henderson.
USDC, District of New Jersey, No. 99 CV 741 (JCL), filed as a class action on behalf of all Ford heavy truck dealers for breach of contract damages arising from Ford’s unilateral sale of its heavy-truck business to Freightliner, Bill Kershaw was appointed co-lead class counsel on behalf of the dealer class. The class was certified as to liability and thereafter continued as individual damage cases on behalf of 77 dealers. Bill served as co-lead trial counsel in a bellwether jury trial on behalf of 11 dealerships and obtained $45 million jury verdict following five-week trial. The case litigated on allegations that Ford violated its franchise agreement by failing to supply the dealers with heavy trucks pursuant to that contract. The 11 bellwether dealers were located throughout the United States.
Case No. 06-CV-02376-LKK-GGH). Bill served as lead class counsel in the first certified class action against a big four accounting firm for failure to pay overtime to PwC Audit Associates as well as other compensation based on their alleged non-exempt status under California’s wage and hour laws. The complaint was filed alleging failure to pay overtime compensation in violation of California Labor Code section 510, failure to timely provide and pay for meal period and rest breaks in violation of Labor Code section 512 and 226.7 and failure to provide accurate pay records and waiting time penalties all in violation of California Business & Professions code 17200. Federal Court, sitting in the Eastern District of California, granted plaintiffs’ motion for summary judgment on liability finding that PwC’s Audit Associates were non-exempt hourly employees and that PwC had improperly designated them as exempt. The case went up and down to the 9^th circuit three times on class certification and summary judgment before it settled three months before trial.
MDL 2441, pending in the United States District Court, District of Minnesota. This MDL has partially settled, and with others on the PLCC, Mr. Kershaw and Mr. Talley served on the PSC and took discovery of key Stryker employees.
JCCP 4649 (San Francisco County, California Judicial Council Coordination Proceeding No 4649. These proceedings are working cooperatively with MDL 2197, In re: DePuy Orthopaedics, Inc., ASR™ Hip Implants Products Liability Litigation. William A. Kershaw and Stuart C. Talley represented over 150 plaintiffs who had the DePuy ASR™ Hip System implanted into their bodies.
MDL 1069, U.S. District Court, Baltimore, Maryland. An antitrust and RICO class action where Bill served as plaintiffs’ lead class counsel. Class action complaint filed in E.D., California; transferred to MDL; limited liability class certified. More than 80 cases are included in this MDL proceeding. The Court approved a global settlement of $330 million (plus) in Borman Motor Company, et al. v. American Honda Motor Company, Inc., et al. a class action brought by current and former Honda and Acura dealers alleging RICO and antitrust violations and fraud related to misallocation of cars. Borman II was a case evolving from the MDL involving misconduct on the part of certain of Honda’s counsel, resulting in an additional settlement of $60 million for a total of $390 million.
Case No., 34-2010-00081797;a class action filed in Sacramento Superior Court on behalf of all small business located throughout California which were issued IOUs or registered warrants in violation of the California Prompt Payment Act, Government Code Section 927, et seq. Small business throughout California were paid in worthless IOUs and could not could not obtain payment for their work within the time required under the code. Bill served as lead class counsel, obtained certification of the class and tried the case to verdict in favor of the class.
Case No. 34-2012-00119161, a class action filed in Sacramento Superior Court in 2012. The case involved the issue of whether or not retirees from the State of California should be entitled to penalties under prompt pay law involving Labor Code Sections 202 (a), (b) & (c) and 203. The trial court held retirees were not entitled to such relief and as Lead Class Counsel, Mr. Kershaw appealed the ruling to the 3^rd District Court of Appeal which ultimately reversed the trial Court. The State of California then appealed the issue to the California Supreme Court which accepted the appeal. Bill argued in the Supreme Court on behalf of Ms. McLean and the putative class that California retirees indeed are entitled to prompt pay protections under Sections 202 and 203 of the Labor Code. The Supreme Court was unanimous in its affirmance of the 3^rd DCA’s decision reversing the trial court. The case was remanded to Superior Court and the State settled the class for $6.8 million.
California Judicial Coordination Proceeding No. 4887, in which 27,000 cases are currently pending in Alameda County Superior Court. Bill represented some 450 plaintiffs who had the Essure Birth Control System implanted into their bodies and suffered significant physical and emotional distress damages. Bill also served as Liaison Counsel through discovery and global settlement in the amount of $1.6 billion.
California Judicial Coordination Proceeding No. 5043, in which 25,000 cases are currently pending in San Francisco County Superior Court. Bill represents over 500 clients who were sold the HIV pro-drug tenofovir disoproxil fumarate (TDF) by Gilead, which caused irreversible kidney and bone damage at a time when the company had in its possession and could have sold a much safer drug but declined to do so to maximize profit under a patent. The parties were choosing bellwether cases for trial when Defendant took a writ on the trial court’s ruling on summary judgement which was accepted by the First district Court of Appeal. The DCA in large part affirmed the trial court’s ruling, and thereafter the California Supreme Court accepted Gilead’s Petition for Review of the First Appellate District’s decision. The parties are pending oral argument.
Alameda Court Case No. 24CV064095; Filed on 2/15/2024 by Ashley Keller and Bill Kershaw, the case on behalf of a 5 year old autistic child whose mother ingested Tylenol (Acetaminophen) throughout her pregnancy, represents an effort to advance the MDL Litigation in the Southern District of New York, which is stalled and on appeal to the Second Circuit as a result of the trial court granting all defense Daubert Motions. The California case, Davey, was granted preference under California’s statute which requires any case so granted to be brought to trial within 120 days of the Court’s granting of the motion. The case was fully discovered with a trial date and proceeding to Sargon (Daubert) hearings when the Court granted summary judgement to defendants. The case is currently on appeal to the 2^nd District Court of Appeal and has been fully briefed.
Case Numbers 25CV01147, 25CV02128, 25CV02174, 25CV02211, and 25CV02133 filed in Santa Cruz Superior Court consisting of a class action and multiple individual actions against PG&E arising out of the 2024 Christmas day explosion and ensuing conflagration which destroyed an apartment building and seriously damaged adjacent structures to include restaurants, residence and businesses. The class actions alleges public and private nuisance theories and seeks transparency from PG&E with respect to the condition of the utilities under Capitola Village, many of which are out of compliance with PUC guidelines and standards. The mass and individual actions seek damages for personal injury including TBI, economic damages, property damages and emotional distress damages for impacted Capitola Village residents. The cases are undergoing law and motion work and discovery.

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Education

B.A. University of Santa Clara
J.D. University of Santa Clara

Professional Activities & Affiliations

Chair of Kershaw Talley Barlow’s Class Action Practice Group
Member (Master Emeritus), Anthony M. Kennedy American Inns of Court
Member, Sacramento County Civil Courts Advisory Committee
Sacramento County Bar Association
The State Bar of California
Past Board Member, Director, California District Attorneys Association (CDAA)
Past President, Sacramento County Bar Association (SCBA)
Past Secretary, Treasurer, and Vice President, Sacramento County Bar Association (SCBA)
Past Chair, Sacramento County Bar Association (SCBA) Judiciary Committee- responsible for evaluating candidates for judicial office and performance of sitting judges
Past Chair, Sacramento County Bar Association (SCBA) Conference of Delegates Committee to the State Bar Conference of Delegates
Past President of the Board of Trustees of St. Michael’s Episcopal Day School
Past Chair, California Consumer Protection Council
Past Member, Board of Directors, Sacramento Downtown Rotary

Prior Professional Experience

Past Chairman of the Board and member of the Board of Directors at Kronick, Moskovitz, Tiedemann & Girard, P.C. (KMTG – 65-lawyer firm)
- Chair of KMTG’s Complex Litigation Practice Group, dedicated to the prosecution of consumer class action and mass tort matters
Partner, Kershaw, Cutter & Ratinoff, LLP (2003–2015)