Class Action

  • April 24, 2015

    Carnival Settles With Many Of Cruise Disaster Plaintiffs

    Carnival Corp. has reached a settlement with most of the remaining plaintiffs in a Florida federal court suit alleging that the cruise ship operator was negligent in connection with the infamous 2013 Triumph cruise disaster, leaving just four holdout plaintiffs.

  • April 24, 2015

    Home Depot Supplier Recoups $30M Spent In Sealant MDL

    Cleaning solution supplier Roanoke Companies Group Inc. has been awarded nearly $30 million after an arbitrator found it shouldered a disproportionate share of the liability in multidistrict litigation over illnesses and deaths caused by a grout sealing spray it sold to The Home Depot Inc.

  • April 24, 2015

    USPTO Hit With Class Action Over Nebulous SAWS Program

    An inventor sued the government Friday over the U.S. Patent and Trademark Office's controversial and recently shuttered “sensitive” patent applications program, which he says delayed patent applications and saddled filers with excessive costs, in a proposed class action in the Court of Federal Claims.

  • April 24, 2015

    Detention Center Threatened Detainees Over Hunger Strike: Suit

    The operators of an immigration detention facility violated the First Amendment rights of women participating in a hunger strike by locking them in isolation cells and threatening to take their children, a proposed class action filed Thursday in Texas federal court alleges.

  • April 24, 2015

    NLRB Judge says Applebee's Operator's Class Ban Unlawful

    A National Labor Relations Board judge ruled Wednesday that an Applebee's restaurant operator's arbitration policy precluding worker class actions violated federal labor law, despite the employer's argument that its dispute resolution program was in line with federal circuit court law.

  • April 24, 2015

    Ex-Chicago Bear's Estate To Appeal NFL Settlement

    The estate of late NFL player Dave Duerson intends to appeal the league’s settlement approved Wednesday over concerns that it doesn’t adequately address chronic traumatic encephalopathy, a degenerative neurological disease linked to repeated blows to the head, according to the estate’s attorney.

  • April 24, 2015

    US Bank Settles Suit Over Force-Placed Flood Insurance

    A California federal judge on Thursday granted preliminary approval to a class action settlement between U.S. Bank NA, American Security Insurance Co. and plaintiffs who claim the bank charged homeowners lender-placed flood insurance rates inflated by kickbacks and policy backdating.

  • April 24, 2015

    Michaels Must ID Workers Fired For Seeking Medical Leave

    Michaels Stores Inc. was ordered Thursday to produce the identities of former employees who received letters terminating their positions for requesting medical leave, with a California federal court granting a bid to compel in a putative class action launched by a breast cancer survivor claiming she was fired after being denied leave.

  • April 24, 2015

    Ex-Wal-Mart Workers Ask Justices To Let $188M Win Stand

    The class action plaintiffs who won a nearly $188 million judgment against Wal-Mart Stores Inc. in Pennsylvania state court for denying breaks to workers have urged the U.S. Supreme Court to reject the retailer’s appeal, denying that their triumph resulted from a “trial by formula.”

  • April 24, 2015

    Skechers Wants State Shape-Ups Injury Suits Blocked

    Skechers USA Inc., already involved in multidistrict litigation over its Shape-Ups toner shoes, urged a Kentucky federal judge on Friday to block numerous personal injury suits over the shoes that have been brought in various state courts, saying plaintiffs attorneys are unfairly seeking to drive up legal costs on the shoe retailer.

  • April 24, 2015

    JPML Urged To Consolidate SeaWorld Orca Abuse Claims Suits

    Consumers accusing SeaWorld Entertainment Inc. of misleading ticketholders about the theme park giant’s alleged mistreatment of whales urged the Judicial Panel on Multidistrict Litigation on Thursday to consolidate in southern California four putative class actions challenging SeaWorld’s sales and marketing tactics.

  • April 24, 2015

    Social Media Class Notices Gain Traction But Carry Risks

    A New York federal judge’s recent decision allowing ex-Gawker Media LLC interns to use LinkedIn and Twitter to contact potential collective action members about opting in to their wage dispute shows that courts are warming up to using social media notification programs, but attorneys crafting such plans should be careful not to trample on individual privacy rights and company reputations, experts say.

  • April 24, 2015

    Mushroom Growers Say 3rd Circ. Ruling Foils Class Cert. Bid

    Mushroom growers ensnared in multidistrict litigation over an alleged price-fixing conspiracy asked a Pennsylvania federal court Thursday to examine a recent Third Circuit decision vacating class certification in an antitrust case that mushroom purchasers have cited in support of class certification.

  • April 24, 2015

    Migrant Workers Fight To Keep HR Co. In Discrimination Row

    A group of Haitian workers who claim a Florida blueberry farm discriminated against them urged a federal judge Thursday not to release a human resources firm from the class action, saying the company is trying to escape on a technicality.

  • April 24, 2015

    Calif. Landowners Sue Union Pacific Over ‘Illegal’ Land Use

    A proposed class of California landowners on Thursday alleged Union Pacific Railroad Co. has improperly used the subsurface of its railroad right-of-way to grant “illegal and unauthorized” easements and collect rents from pipeline companies, trespassing and violating their land ownership for decades.

  • April 24, 2015

    1st Of Its Kind Ark. Ruling Limits Extent Of Auto Warranties

    In what he said appears to be a first-of-its-kind decision in the state, an Arkansas federal judge found Thursday that automotive warranties do not extend to problems that arise after expiration unless explicitly stated, trimming express and implied warranty claims from a proposed class action against Toyota over rusty Tacoma trucks.

  • April 23, 2015

    Adobe To Settle Data Breach Claims Over 3M Payment Cards

    Adobe Systems Inc. has agreed to settle a consolidated proposed class action in California federal court over its alleged failure to safeguard users’ data from a breach that compromised at least 3 million payment card records, although the court on Wednesday agreed to give the parties an extra month to finalize their deal.

  • April 23, 2015

    DC Court Keeps Native American Class Reps In USDA Suit

    A D.C. federal judge on Thursday rejected a bid to remove two Native American class representatives in a suit over discrimination by the U.S. Department of Agriculture’s farm loan program, saying the effort came too late and the class members making the request didn’t have a right to $380 million in unclaimed settlement funds.

  • April 23, 2015

    9th Circ. OKs $6.6M Award Against UPS In Employment Suit

    The Ninth Circuit affirmed a lower court’s punitive damages award of $6.6 million to a former employee of United Parcel Service Inc. who had alleged wrongful termination in connection with a previously filed overtime class action suit, ruling that the evidence was sufficient to support the jury’s verdict.

  • April 23, 2015

    Call Center Worker Says Co. Did Illegal Background Checks

    A national call center operator illegally obtained the credit reports of its employees and took adverse action based on the information, a proposed class action filed Wednesday in California federal court alleges.

Expert Analysis

  • A Strategy For Nixing FLSA Collective Actions After Filing

    nglasser

    Arbitration agreements that include waivers of class and collective actions can be an effective tool to avoid collective actions under the Fair Labor Standards Act or under similar state wage laws, but what can be done if a collective action has already been filed? A recent Eight Circuit decision in Conners v. Gusano’s Chicago Style Pizzeria suggests an answer, says Nathaniel Glasser of Epstein Becker & Green PC.

  • 3 Developments You Need To Know About Calif.'s Prop 65

    Judith Praitis

    All three branches of California's government rendered important determinations on Proposition 65 during the first quarter of 2015: a court of appeal affirmed a major defense victory on how lead exposures in food can be assessed, the executive branch promulgated major new warning regulations and the legislature is considering new curbs on frivolous lawsuits, say Judith Praitis and Amy Lally of Sidley Austin LLP.

  • A Harbinger Of The SLUSA's Broad Reach

    Mark A. Kornfeld

    A Southern District of New York decision in a putative class action against Harbinger Capital Partners provides important guidance on how courts may interpret Chadbourne & Parke LLP v. Troice’s reading of the “in connection with” requirement of the Securities Litigation Uniform Standards Act, and may allow the SLUSA to reach securities transactions that otherwise would fall outside its scope, say attorneys with BakerHostetler.

  • New GM Is Free And Clear, But The Battle Will Rage On

    Lesley S. Welwarth

    A recent Southern District of New York decision in the General Motors bankruptcy case raises important bankruptcy policy questions, including whether the outcome creates improper incentives for debtors that are subject to product liability and latent defect claims, and how the rights of creditors who are affected by lack of a claims bar date notice are to be dealt with in future cases, say Henry Jaffe and Lesley Welwarth of Pepper Hamilton LLP.

  • Drinking Game: Plaintiffs Slam Down Spirits Class Actions

    Simon A. Fleischmann

    If courts fall into line with the first decision against the maker of Tito’s Handmade Vodka, we may begin to see settlements in consumer class actions against the spirits industry. However, class settlements for significant amounts may drive an increase in litigation, say Simon Fleischmann and Thomas Cunningham of Locke Lord LLP.

  • Spring Begins With 3 Important Class Action Decisions

    Fred T. Isquith

    The volume of commentary on the Omnicare opinion has pushed aside two other important and likely influenced decisions — the Second Circuit’s opinion in Roach v. T.L. Cannor Corp. addressing the breadth of Comcast Corp. v. Behrend, and New York’s Anwar v. Fairfield Greenwich Ltd., which requires readers’ attention because of the court’s discussion of the “predominance” element of Rule 23, says Fred Isquith of Wolf Haldenstein Adler ... (continued)

  • Class And Collective Actions In A Post-Dukes World

    Geoffrey C. Westbrook

    Citibank NA v. Ruiz represents a growing movement among federal courts after the U.S. Supreme Court's ruling in Wal-Mart Stores Inc. v. Dukes seeking to bridge the analytical differences between class and collective actions. One result of this trend is a greater uniformity in wage-and-hour decisions based on parallel theories, says Geoffrey Westbrook of Seyfarth Shaw LLP.

  • CFPB's Consumer Database Could Prove Counterproductive

    Gerald S. Sachs

    The Consumer Financial Protection Bureau's minimal procedures for verifying the accuracy of information alleged in complaints on its consumer database and the limited opportunity afforded to providers to respond may compromise the CFPB's efforts in enabling consumers to make informed decisions and identify trends in the consumer financial market, say attorneys at Paul Hastings LLP.

  • 2 Options To Consider When Calculating Overtime

    Christopher B. Lunny

    Employers should consider two methods of calculating overtime for employees who work flexible hours on a regular basis: the fluctuating workweek method and Belo contract. For employers, these methods generally provide lower overtime payroll costs compared to the traditional overtime model, say Benjamin Shippen of Economist Inc. and Christopher Lunny of Radey Law Firm.

  • 'Primary Users' May Be On Speed Dial For TCPA Suits

    Robert A. Scott

    Recent case law appears to reflect a growing willingness among courts to allow claims by plaintiffs under the Telephone Consumer Protection Act who receive calls on cellphone lines paid for by their employers or some other party. This may expose creditors and debt collectors that use automated dialing equipment to contact customers on their cellphones to additional claims, says Robert Scott of Ballard Spahr LLP.