Class Action

  • November 25, 2014

    Driver Accuses Uber Of Illegally Checking Backgrounds

    A Boston cabdriver hit Uber Technologies with a proposed class action on Monday, alleging that the mobile app-based car service routinely violates the Fair Credit Report Act by using background checks without applicants’ knowledge or authorization to make hiring decisions.

  • November 25, 2014

    AMD Investor Claims CEO Stock Awards Exceed Bonus Plan

    An Advanced Micro Devices Inc. investor launched a derivative suit on Monday alleging that the board had overstepped its bounds by awarding the semiconductor maker's chief executive close to 6.5 million shares this year, more than double the amount allowed under the company's bonus plan.

  • November 25, 2014

    Novartis' Painkiller Pricing Strategy Deemed Legal

    Novartis AG on Monday ducked a putative class action alleging it broke New Jersey consumer fraud laws by charging more for a migraine medicine than for another chemically identical painkiller when a federal judge ruled that, while strategic, the company’s pricing scheme wasn’t illegal.

  • November 25, 2014

    ADT Wants Investor Stock Inflation Claims Booted

    The ADT Corp. and its chief executive urged a Florida federal judge on Monday to toss a consolidated class action accusing certain ADT directors of artificially inflating the company’s stock price and misrepresenting the benefits of a share buyback program that increased the electronic security company’s debt.

  • November 25, 2014

    TGI Friday's Faces 3rd Class Suit Over Hidden Drink Prices

    TGI Friday's Inc. is facing another putative class action in New Jersey claiming the restaurant chain has ripped off consumers by failing to disclose the prices of soda, beer, mixed drinks and other beverages on its menus and by charging too much for those items.

  • November 25, 2014

    NY Judge 'Troubled' By Proposed China Valves Settlement

    A New York federal judge has rejected a preliminary proposed settlement in a shareholder derivative suit against China Valves Technology Inc., saying he was “troubled” by some terms of the settlement.

  • November 25, 2014

    FireEye Shareholders Say Execs Lied To Create Big IPO

    A potential shareholder class sued FireEye Inc. in California federal court on Friday, alleging that the network security provider misled investors about its business model and fundamentals, which led to an inflated stock price that rapidly declined after its two offerings.

  • November 25, 2014

    Pelvic Mesh MDL Plaintiffs Say Cases Should Be Combined

    The plaintiffs in pelvic mesh multidistrict litigation pressed a West Virginia federal judge Monday to consolidate 185 individual cases for an upcoming trial in January, saying that the cases are sufficiently similar and that individual trials would subject them to an unfair burden.

  • November 24, 2014

    Judge Raises Questions About Redefined J-M Pipe Class

    A California federal judge asked for further briefing Monday on Cambridge Lane LLC’s class certification bid over claims that J-M Manufacturing Co. Inc. falsely stated its PVC pipes met industry standards, saying further clarification is needed to determine whether purchasers and owners or just purchasers are included.

  • November 24, 2014

    GM Can't Keep Calif. Ignition Switch Suit Out Of State Court

    A New York federal judge on Monday remanded a California district attorney’s suit against General Motors LLC over its ignition switch defect back to state court, agreeing with the prosecutor that it was exempt from removal as a police-power action.

  • November 24, 2014

    Toshiba Flouted Discovery Rules In CRT Case, Judge Says

    A California special master recently said that Toshiba Corp. flouted its discovery obligations in multidistrict litigation over an alleged cathode ray tube price-fixing conspiracy, saying the company's late disclosure of witnesses reflected a “cavalier” approach toward the discovery process.

  • November 24, 2014

    Honeywell To Pay $10M To Settle NJ Chromium Suit

    Honeywell International Inc. has agreed to pay just over $10 million to settle a class action alleging property damage and health risks caused by chromium pollution in Jersey City, New Jersey, according to a Friday filing in New Jersey federal court.

  • November 24, 2014

    Travelers Say Delta Sanctions Report Overlooked Filings

    Travelers accusing Delta Air Lines Inc. and AirTran Airways Inc. of colluding to fix baggage fees urged a Georgia special master Monday to rethink his recommendation not to award evidentiary sanctions against Delta for not preserving relevant evidence during discovery in the multidistrict litigation, saying some of their arguments were overlooked.

  • November 24, 2014

    LabCorp Gets Worker Subclass Bids Nixed In Break Row

    A California federal judge on Monday tentatively denied certification to three putative subclasses of workers alleging Laboratory Corporation of America violated labor laws pertaining to break periods and off-the-clock work, but told attorneys he would allow more briefing before deciding the fate of two other potential subclasses.

  • November 24, 2014

    3rd Circ. Asked To Reconsider Drink Price Class Action

    The plaintiff in a proposed class action against Applebee's International Inc. and International House of Pancakes LLC asked the Third Circuit for an en banc hearing on allegations the restaurants misled consumers with menus absent drink prices, arguing the court's dismissal created inconsistent findings.

  • November 24, 2014

    Class Action MVP: Bernstein Litowitz's David R. Stickney

    By coaxing big recoveries out of JPMorgan Chase & Co. and Morgan Stanley through protracted battles for buyers of mortgage-backed securities despite little precedent, and bringing in one of the highest recoveries from an auditor firm in the wake of the Lehman Brothers collapse with a $99 million settlement against Ernst & Young LLP, David R. Stickney of Bernstein Litowitz Berger & Grossmann LLP has earned his spot on Law360’s list of 2014 Class Action MVPs.

  • November 24, 2014

    Jimmy John's, Franchisees Blast Noncompete Challenge

    Jimmy John's LLC and franchisees in Illinois have pushed a federal court to shoot down a putative class challenge to a noncompete agreement that low-level employees were allegedly forced to sign, saying there's no evidence the sandwich chain ever enforced the pacts.

  • November 24, 2014

    FEMA, Insurers Want Discovery Order Trimmed In Sandy Suits

    A bevy of insurers and the Federal Emergency Management Agency have taken issue with an order directing the defendants in all cases in multidistrict litigation over Hurricane Sandy claims to provide copies of drafts, written communications and other claims-related material, calling the order overly burdensome and unfair.

  • November 24, 2014

    Synovus Bank Paying $3.9M To Exit Overdraft Fee Litigation

    Synovus Financial Corp. has agreed to pay $3.9 million to end its part in litigation alleging banks acted in bad faith by processing transactions in an order that would net them the most in overdraft fees, according to a deal filed in Florida federal court Monday.

  • November 24, 2014

    Ex-Longtop Exec Faces $5M Penalty After Trial Loss, Atty Says

    A former Longtop Financial Technologies Ltd. executive could pay around $5 million in damages after a New York federal jury found him liable in a rare securities class action trial over the Chinese software company's accounting shenanigans, a plaintiffs' attorney said Monday.

Expert Analysis

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historical time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Fla. Class Action Case Law Aligns With Comcast Ruling

    Richard S. Davis

    To date, it appears that no Florida appellate court decision has cited the U.S. Supreme Court's ruling in Comcast Corp. v. Behrend for guidance on class certification, yet it appears to be firmly embedded in Florida law as the state’s “reasonable methodology” standard for classwide damages, says Richard Davis of Foley & Lardner LLP.

  • Derailing Of An Expert: Lessons From Railroad Antitrust MDL

    Christopher Ondeck

    A D.C. federal judge's recent decision to unseal the transcripts and filings in the Rail Freight Fuel Surcharge Antitrust Litigation, with regard to a possible conflict of interest involving the direct purchaser plaintiffs’ expert, provides lessons for every attorney who hires or deposes experts, say Christopher Ondeck and Stephen Chuk of Proskauer Rose LLP.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of documentation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Video Privacy Protection Act Could Be The New TCPA

    Behnam Dayanim

    The Video Privacy Protection Act is making itself felt in a recent wave of class actions against media companies such as Hulu LLC, Redbox Automated Retail LLC and Cartoon Network over their alleged disclosure of consumer viewing habits. Importantly, the statute — like the Telephone Consumer Protection Act — does not require actual damages, say attorneys with Paul Hastings LLP.