Personal care products manufacturer Tom's of Maine Inc. was hit with a proposed class action in Florida federal court Friday by a consumer who claims the company falsely represents that its toothpaste is "natural" when it actually contains heavily processed ingredients.
Kinder Morgan Inc. was hit with a suit in Texas court Thursday by a shareholder who says the midstream giant mischaracterized capital expenses incurred by its pipeline unit in order to draw billions in cash distributions.
Abbott Laboratories shareholders asked an Illinois federal judge on Thursday to bless a settlement resolving a derivative suit that alleged Abbott's directors cost the company $1.6 billion because they did nothing to stop the marketing of its anti-seizure drug Depakote for off-label uses.
Verizon Communications Inc. on Friday asked a Texas federal judge to dismiss again claims from a class of retirees who allege their savings were put at risk when the company transferred $7.4 billion in pension obligations to Prudential Insurance Co. of America.
A Michigan federal judge on Friday reinstated his certification of a class of nurses who allege Detroit-area hospitals conspired to keep their wages low, rejecting an argument that the class shouldn’t be joined following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend.
A Florida federal judge on Friday dismissed a proposed class action against convenience food maker Amy's Kitchen Inc. — which was accused of misleading consumers by labeling sugar as evaporated cane juice — due to lack of subject matter jurisdiction.
Fifth Third Bancorp's argument that ex-workers who said the company's stock was too risky for their retirement plan had to claim Fifth Third faced dire circumstances — such as impending collapse — to keep a proposed Employee Retirement Income Security Act class action in court is bunk, the U.S. solicitor general told the Supreme Court on Wednesday.
A Stanford University track and field star who had been the first active Division I-A athlete to sue the NCAA over its handling of concussions dropped her proposed class action in Illinois federal court Friday over concerns about her role as class representative.
A Massachusetts federal judge on Friday requested further briefing on whether he should reconsider portions of an order that granted victories to drugmakers Ranbaxy Inc. and Teva Pharmaceutical Industries Ltd. in a pay-for-delay class action involving the heartburn drug Nexium.
Plaintiffs urged an Illinois federal judge on Friday to certify a class of potentially millions of consumers allegedly targeted in a massive unsolicited robocall campaign by Caribbean Cruise Line Inc. and others, but the judge said he would need more evidence before making his decision.
Google Inc. was hit with a putative class action Friday in California federal court claiming that its app marketplace exploits children by incentivizing them to spend large amounts of money on free or low-priced games without requiring them to get their parents’ permission for every purchase.
By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.
Eli Lilly & Co. argued Thursday that the first federal bellwether trial over the bladder cancer risks of diabetes drug Actos should exclude evidence about its fines for marketing the antipsychotic drug Zyprexa, saying it’s not relevant to negligent marketing claims over Actos.
A Sonic Drive-In franchisee operating Alabama locations was hit with a proposed class action in federal court on Thursday alleging that it has violated the Fair Labor Standards Act by forcing off-the-clock work and wrongfully paying a lower tipped wage to some employees.
A Zale Corp. shareholder filed a class action Thursday in Delaware Chancery Court, accusing the private equity-backed jeweler of breaching its fiduciary duty by letting Signet Jewelers Ltd. acquire it for only $690 million.
The Ritz-Carlton Hotel Co. LLC will pay $1.8 million to settle claims that it skimmed the tips of its food and beverage service employees at its Kapalua, Maui, hotel, according to documents filed Thursday in Hawaii federal court.
The Eleventh Circuit affirmed the dismissal of a putative class action alleging Sanderson Farms Inc. violated the Racketeer Influenced and Corrupt Organizations Act by depressing workers' wages, saying Friday that the plaintiffs didn't sufficiently show their injury was caused by racketeering.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
Ann Taylor Inc. has settled a consumer class action accusing it of illegally collecting ZIP codes during credit card purchases, agreeing to hand out vouchers to affected customers, according to a Thursday filing in Massachusetts federal court.
In the class action settlement administration industry, the payment method chosen by counsel can have a great impact on budgets, timelines and administrative burdens. While checks remain the dominant form of payment in the U.S., the landscape is changing, and offering alternative payment methods can reduce the amount of uncashed checks to ensure class members get their award in a convenient manner, says Tice O'Sullivan of Epiq Systems Inc.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
The U.S. Supreme Court has agreed to review the Sixth Circuit’s decision in Indiana State District Council of Laborers v. Omnicare Inc., which parts ways with the Second, Third and Ninth circuits and holds that “subjective falsity” is not required for opinion-based Section 11 claims. Although the circuit split is hogging all the attention, everyone seems to be overlooking the fact that the Sixth Circuit in Omnicare ignored its own precedent, says Drew Dropkin of King & Spalding LLP.
On Wednesday, the U.S. Supreme Court heard oral arguments in Halliburton v. Erica P. John Fund and will soon decide on "injury presumed" reasoning applied in the context of securities class actions. If the court eliminates the only federal construct for presuming injury and reliance in class actions, it will be difficult to argue that similar presumptions accurately reflect transactions in the markets for everyday consumer goods, say Andrew Tuck and Kristen Bromberek of Alston & Bird LLP.
Litigation under state laws that restrict the collection of personal information at the point of sale is increasing, following consumer-friendly decisions from the California and Massachusetts high courts. But several issues and potential defenses — such as the potentially broad "special purpose" exception included in some statutes — have not yet been fully addressed by courts, says Andrew Hoffman of InfoLawGroup LLP.
A number of recent appellate cy pres decisions teach us that charitable organizations should be selected carefully, with attention to the relationship between the purpose and the allegations framing the plaintiff class’s chief complaints. Just because an institution supports a worthy cause does not make the institution a worthy recipient in every case, say Mark Rapazzini and Elizabeth King of Heffler Claims Group LLC.
Beyond the recent slew of class actions alleging that debit card readers used by many retailers violate the Americans with Disabilities Act, other lawsuits allege that various consumer-facing websites also violate the law. As the U.S. Department of Justice continues to push for a broader interpretation of the ADA for companies with websites and consumer-facing devices, we are likely to see more class actions, say Gonzalo Mon and Crystal Skelton of Kelley Drye & Warren LLP.
There is widespread belief that the next big wave of shareholder litigation will be derivative cases, and one key issue that has not been analyzed enough is representation. For example, should the securities class action defense counsel represent the company, or its directors and officers? The right approach is a judgment call, says Douglas Greene of Lane Powell PC.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.