Class Action

  • February 27, 2015

    Ford Throttle Defect Class Action Revived By 9th Circ.

    The Ninth Circuit ruled Friday that a lower court erred in denying class certification to Ford Freestyle owners who claim the automaker failed to disclose an acceleration defect in 150,000 vehicles, but rejected a request to order that the class be certified.

  • February 27, 2015

    Volvo Seeks Atty Sanctions In $5M Car Defect Class Action

    Volvo Cars of North America LLC on Friday urged a Pennsylvania federal judge to sanction a plaintiffs’ attorney for misleadingly altering a document in a $5 million class action accusing the company of selling cars with an allegedly fatal side-impact protection defect.

  • February 27, 2015

    Calif. Court To Weigh If Attys’ Fees Need Stricter Review

    The California Supreme Court plans to hear a class member’s challenge claiming a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement is too high, and lawyers say a ruling in his favor could place class attorneys’ fee award proposals under greater scrutiny by judges and class members.

  • February 27, 2015

    Kroger Unit Sends Calif. Managers' Unpaid OT Class Packing

    A California judge on Friday denied certification for over 1,300 Ralphs Grocery Co. managers who say the Kroger Co. subsidiary improperly classifies them as overtime-exempt, ruling plaintiffs failed to provide evidence that the managers engaged in mostly nonmanagerial duties as a standard practice.

  • February 27, 2015

    Live Nation Dodges Suit Over Springsteen Ticket Sales

    A New Jersey federal judge on Friday tossed a class action against Live Nation Entertainment filed by Bruce Springsteen ticket purchasers who allege the company withheld tickets to inflate profits, ruling nonpurchasers can't join the class but allowing the plaintiffs to resubmit a pared down suit.

  • February 27, 2015

    Judge Won't Boost Firm's Cut Of Volkswagen Oil MDL Fees

    A Massachusetts federal judge on Friday refused to increase Chimicles & Tikellis LLP’s cut of a $15.5 million fee award in the Volkswagen AG and Audi AG oil sludge buildup multidistrict litigation, days after other class counsel firms asked the judge to recant his criticism they should be "ashamed" of their “internal rancor.”

  • February 27, 2015

    Workers Fight McDonald's Bid To Nix Class Claims

    Workers pursuing minimum wage suits against McDonald's Corp. and franchisees shot back on Thursday at the fast food giant’s bid to nix their class allegations, saying that the defendants haven’t shown any proof that they won’t be able to meet class certification requirements after discovery is over.

  • February 27, 2015

    NFL Players Won't Take A Knee On Revised $765M Settlement

    Several former professional football players objected Friday to an amended $765 million proposed settlement in multidistrict litigation regarding concussions with the National Football League, saying the amendments create a situation in which players with a certain brain condition would have incentive to commit suicide before the cutoff date for benefits.

  • February 27, 2015

    Quinn, Boies Get $52M Fees From Foam Antitrust Settlements

    A federal judge approved on Thursday settlements Legget & Platt Inc. and Carpenter Holdings Inc. inked with foam buyers and $52 million in attorneys' fees and costs for Quinn Emanuel Urquhart & Sullivan LLP and Boies Chiller & Flexner LLP counsel as a trial in the multidistrict price-fixing litigation looms just over a month away.

  • February 27, 2015

    Prudential Reps Win Partial Cert. In Wage Suit On 2nd Try

    Current and former Prudential Financial Inc. and Prudential Insurance Co. of America financial representatives were awarded class certification in New Jersey federal court on Thursday for claims that their pay was improperly docked for work expenses, but not ones for their overtime wage claims.

  • February 27, 2015

    BP Asks 5th Circ. To Allow Clawbacks From $9.2B Settlement

    BP Exploration and Production Inc. on Thursday asked the Fifth Circuit for permission to claw back payouts it made under a since-overturned claims calculation that’s part of a $9.2 billion Deepwater Horizon settlement, saying individual releases don’t bar BP from obtaining restitution.

  • February 27, 2015

    Dole Expert Must Have 'Body And Brain,' Del. Chancery Says

    Dole Food Co. Inc. can’t use Stifel Nicolaus & Co. Inc. as an expert witness in its defense of a shareholder suit accusing owner David H. Murdock of shortchanging the company in a $1.6 billion take-private deal, the Delaware Chancery Court ruled Friday, saying an expert witness must be a biological person.

  • February 27, 2015

    2nd Circ. Agrees To Keep Aluminum Antitrust Appeal Paused

    The Second Circuit on Thursday agreed to sit on an appeal by a group of aluminum users while the district court considers whether to accept new pleadings in their antitrust suit against Goldman Sachs Group Inc., JPMorgan Chase & Co. and others.

  • February 27, 2015

    2nd Circ. Won't Put UBS On Hook For $2.3B In Trader Losses

    The Second Circuit on Friday dismissed a putative class action that had sought to hold UBS AG responsible for investor losses after a trader went off-plan and triggered $2.3 billion in losses, finding that the plaintiffs hadn’t shown the bank had intended to deceive its shareholders.

  • February 27, 2015

    Jimmy John's Managers Seek Class Cert. In Noncompete Row

    Assistant store managers at Jimmy John’s LLC and several of its franchises asked an Illinois federal judge on Thursday for class certification in their suit alleging the sandwich chain violated federal and state wage laws and forced workers to sign unduly restrictive noncompete agreements.

  • February 27, 2015

    'Bizarre' Deposition Request Should Be Nixed, Judge Told

    An amusement park company that allegedly underpaid employees and forced them to pick up H-2B visa expenses told a Massachusetts federal court Friday to nix a “bizarre” bid by class counsel to depose its own client, who cut ties after independently agreeing to a settlement, saying the request is “riddled with ethical landmines.”

  • February 27, 2015

    4 Classes Seek Cert. In GM Safety-Rating Sticker Suit

    Cadillac drivers suing General Motors LLC over allegedly misleading safety-rating stickers on their cars asked a Florida federal court on Thursday to certify four separate classes of plaintiffs comprising more than 11,000 customers nationwide.

  • February 27, 2015

    Samsung Smart TV Remote Can Leak Acid, Class Action Says

    A Samsung remote with a full-sized keyboard designed for smart TVs uses an outdated design that can cause batteries to overheat and leak dangerous acid, a proposed consumer class action alleged Thursday in California federal court.

  • February 27, 2015

    Property Owners Win Cert. In General Mills Superfund Action

    A Minnesota federal judge on Friday certified a class of property owners who accuse General Mills Inc. of allowing carcinogens from a Superfund site to seep into a nearby Minneapolis neighborhood, saying the plaintiffs all sought the same remedy for same alleged damages.

  • February 27, 2015

    Best Buy Tells 8th Circ. Investor Class Must Go

    Best Buy Co. Inc. has urged the Eighth Circuit to overturn the certification of a class of investors in a stock-drop suit against the company, arguing the investors failed to show the company's alleged misrepresentations about its fiscal well-being impacted stock prices.

Expert Analysis

  • 11th Circ. Widens Split Over Class Action 'Pick Offs'

    Josh Jubelirer

    After Stein v. Buccaneers Limited Partnership, the Eleventh Circuit is squarely at odds with the Seventh Circuit over whether unaccepted offers of judgment moot putative class actions if made before the motion to certify the class has been filed. Stein further emphasizes the circuit split on this issue, making it ripe for consideration by the U.S. Supreme Court, say Josh Jubelirer and Jason Stiehl of Seyfarth Shaw LLP.

  • Key Employment And Immigration Issues Facing Banks Today

    James R. Wiley

    Many banks are facing class actions for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • 2nd Circ. Unlikely To Change Class Action Status Quo

    David D. Yeagley

    It does not appear that the Second Circuit’s decision in Roach v. T.L. Cannon Corp. will usher in a new era of class action certifications. Rather, it seems the court is reading the majority opinion in Comcast Corp. v. Behrend like the dissent — that the majority opinion did not significantly alter the Rule 23 landscape, says David Yeagley of Ulmer & Berne LLP.

  • Emerging Trends In Corporate Sustainability Reporting

    Sara K. Orr

    Recently, a potential new legal trend has emerged in which plaintiffs are filing product liability and securities class actions against companies by invoking claims related to environmental, social and governance or sustainability statements. This development demonstrates the risks associated with issuing ESG statements as some consumers and investors will not hesitate to litigate their accuracy or materiality, say Sara Orr and Bar... (continued)

  • Plaintiffs Look Beyond Labels And Toward Product Testing

    James P. Muehlberger

    Food and nutraceutical companies are increasingly facing a new type of purported class action, one where plaintiffs arrive armed with results from alleged product testing. Knowing how to respond to a product testing claim is vital, particularly now with product testing websites and crowdfunded research, say James Muehlberger and Jeff Lingwall of Shook Hardy & Bacon LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Get Ready For The 2nd Wave Of Food Labeling Litigation

    Ann P. Havelka

    Kumar v. Salov North America Corp. is an example of the second wave of food labeling litigation. Now, companies should also be aware that their products could be independently tested for compliance with all labeling claims and regulatory standards — even small deviations may be the basis for a lawsuit and courts may not require a plaintiff’s purchase be tested, say Ann Havelka and Jeff Lingwall of Shook Hardy & Bacon LLP.