
Credentials
Education
Recognition
Chambers USA
Product Liability & Mass Torts - Nationwide, 2023-2026
Consumer Class Action Defense - Nationwide, 2022
The Best Lawyers in America
Commercial Litigation, 2018-2027
Mass Tort Litigation / Class Actions - Defendants, 2018-2027
Martindale-Hubbell AV® Peer Review Rated
Bar and Admissions
Not admitted in Colorado
Massachusetts
Missouri
U.S. Court of Appeals, 1st Circuit
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 8th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, D. Kansas
U.S. District Court, D. Massachusetts
U.S. District Court, E.D. Missouri
U.S. District Court, W.D. Michigan
Legal Memberships
American Bar Association
Missouri Bar Association
Massachusetts Bar Association
Defense Research Institute
Articles and Presentations
"Thinking of Making a Gift to Your Alma Mater? Think Twice," The American Spectator.
Co-Author, "Trial by Webcam: Tips From a Firsthand Experience," Law360.
Peter Herzog focuses on consumer class action defense and complex commercial litigation. He has defended certified class actions at trial and has won dismissal or defeated certification more than 100 times. Peter is a two-time BTI Consulting Client Service All-Star, and Chambers USA has ranked him in Band 3 for Nationwide Consumer Class Action Defense. Peter has tried four certified class actions, three to verdict.
"The absolute best at delivering client service."
— BTI Consulting
Cases
Class Actions
Secured a victory in the Fifth Circuit when it vacated class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Secured a victory in the Sixth Circuit when it reversed class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Won summary judgment in a class action alleging State Farm’s use of a third-party valuation tool undervalues the actual cash value of total loss vehicles by using a typical negotiation adjustment.
Class Actions
Secured a victory in the Fifth Circuit when it vacated class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Secured a victory in the Sixth Circuit when it reversed class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Won summary judgment in a class action alleging State Farm’s use of a third-party valuation tool undervalues the actual cash value of total loss vehicles by using a typical negotiation adjustment.
Successfully resolved a putative class action against Yahoo! involving alleged violations of the Illinois Eavesdropping Statute.
Obtained dismissal of two putative class action lawsuits for Yahoo! in Ohio state court alleging that daily fantasy sports contests on the website amounted to illegal gambling.
Won dismissal of a nationwide class action alleging defects in two Scion vehicles.
Defeated motions to certify nationwide, statewide, and issues classes in multidistrict litigation involving the chemical bisphenol A (BPA).
Successfully defended before the Seventh Circuit a Rule 12 dismissal of all claims relating to a proposed nationwide class action arising out of the 2005 United States Grand Prix in Indianapolis.
Won the seminal New Jersey decision on ascertainable loss in consumer fraud actions and affirmed summary judgment in favor of Mercedes-Benz.
Won summary judgment in favor of Mercedes-Benz and won appeal of summary judgment based on the plaintiff's inability to prove ascertainable loss.
Won a complete defense jury verdict for Ford in a six-week, certified class action trial in Illinois.
Won a Rule 12 dismissal of a proposed nationwide class action against Michelin and won appeal of the dismissal in the Fourth Circuit Court of Appeals.
Won summary judgment against named plaintiffs in a proposed nationwide class action against Mercedes-Benz.
Obtained decertification of a certified nationwide class action against Ford.
Commercial Litigation
Won summary judgment for Michelin in a case alleging that Michelin and General Motors conspired to exclude the plaintiff from participation in The American Le Mans racing series.

Peter Herzog focuses on consumer class action defense and complex commercial litigation. He has defended certified class actions at trial and has won dismissal or defeated certification more than 100 times. Peter is a two-time BTI Consulting Client Service All-Star, and Chambers USA has ranked him in Band 3 for Nationwide Consumer Class Action Defense. Peter has tried four certified class actions, three to verdict.
"The absolute best at delivering client service."
— BTI Consulting
Credentials
Education
Recognition
Chambers USA
Product Liability & Mass Torts - Nationwide, 2023-2026
Consumer Class Action Defense - Nationwide, 2022
The Best Lawyers in America
Commercial Litigation, 2018-2027
Mass Tort Litigation / Class Actions - Defendants, 2018-2027
Martindale-Hubbell AV® Peer Review Rated
Bar and Admissions
Not admitted in Colorado
Massachusetts
Missouri
U.S. Court of Appeals, 1st Circuit
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 8th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, D. Kansas
U.S. District Court, D. Massachusetts
U.S. District Court, E.D. Missouri
U.S. District Court, W.D. Michigan
Legal Memberships
American Bar Association
Missouri Bar Association
Massachusetts Bar Association
Defense Research Institute
Articles and Presentations
"Thinking of Making a Gift to Your Alma Mater? Think Twice," The American Spectator.
Co-Author, "Trial by Webcam: Tips From a Firsthand Experience," Law360.
Cases
Class Actions
Secured a victory in the Fifth Circuit when it vacated class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Secured a victory in the Sixth Circuit when it reversed class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Won summary judgment in a class action alleging State Farm’s use of a third-party valuation tool undervalues the actual cash value of total loss vehicles by using a typical negotiation adjustment.
Class Actions
Secured a victory in the Fifth Circuit when it vacated class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Secured a victory in the Sixth Circuit when it reversed class certification in a class action alleging State Farm’s use of a third-party valuation tool systematically undervalues the actual cash value of totaled vehicles.
Won summary judgment in a class action alleging State Farm’s use of a third-party valuation tool undervalues the actual cash value of total loss vehicles by using a typical negotiation adjustment.
Successfully resolved a putative class action against Yahoo! involving alleged violations of the Illinois Eavesdropping Statute.
Obtained dismissal of two putative class action lawsuits for Yahoo! in Ohio state court alleging that daily fantasy sports contests on the website amounted to illegal gambling.
Won dismissal of a nationwide class action alleging defects in two Scion vehicles.
Defeated motions to certify nationwide, statewide, and issues classes in multidistrict litigation involving the chemical bisphenol A (BPA).
Successfully defended before the Seventh Circuit a Rule 12 dismissal of all claims relating to a proposed nationwide class action arising out of the 2005 United States Grand Prix in Indianapolis.
Won the seminal New Jersey decision on ascertainable loss in consumer fraud actions and affirmed summary judgment in favor of Mercedes-Benz.
Won summary judgment in favor of Mercedes-Benz and won appeal of summary judgment based on the plaintiff's inability to prove ascertainable loss.
Won a complete defense jury verdict for Ford in a six-week, certified class action trial in Illinois.
Won a Rule 12 dismissal of a proposed nationwide class action against Michelin and won appeal of the dismissal in the Fourth Circuit Court of Appeals.
Won summary judgment against named plaintiffs in a proposed nationwide class action against Mercedes-Benz.
Obtained decertification of a certified nationwide class action against Ford.
Commercial Litigation
Won summary judgment for Michelin in a case alleging that Michelin and General Motors conspired to exclude the plaintiff from participation in The American Le Mans racing series.

