Class Action

  • September 29, 2016

    $200K Fee Request Questioned In Mooted Class Case

    A $200,000 fee request after a mooted class challenge to a corporate bylaw wound up under a Delaware Chancery Court microscope Thursday, with a class attorney pressed to justify the fee and explain who really benefited from the case.

  • September 29, 2016

    Blue Shield Of Calif. Beat Robocall Suit Under Spokeo

    A California federal judge concluded Thursday that a consumer lacked standing under Spokeo to bring litigation accusing Blue Shield of California Life & Health Insurance Co. and a customer satisfaction research firm of autodialing cellphones, holding Thursday that he didn’t connect alleged injuries like having to recharge his phone to Telephone Consumer Protection Act violations.

  • September 29, 2016

    Banks Held To Higher Standard In Schnucks Breach Ruling

    An Illinois federal judge placed significant weight on the sophistication of the business relationship between banks and their merchants in nixing financial institutions’ claims over a data breach at grocer Schnucks on Wednesday, signaling that banks may not have as easy a time as affected consumers getting away with sweeping assertions about data security shortcomings.

  • September 29, 2016

    MaxPoint Investors Cite Boost From 'Vivendi' Decision

    A putative class of MaxPoint Interactive Inc. shareholders claiming the company withheld information to boost its 2015 initial public offering told a New York federal judge Wednesday that a recent Second Circuit ruling strengthens their opposition to a pending dismissal motion.

  • September 29, 2016

    2nd Circ. Urged To Revive JPMorgan, BofA Swipe Fee Action

    A group of Visa Inc. and MasterCard Inc. cardholders asked the Second Circuit on Thursday to revive a proposed class action accusing JPMorgan Chase & Co., Bank of America Corp. and others of conspiring to fix interchange fees.

  • September 29, 2016

    11th Circ. Upholds Insurer's PIP Underpayment Coverage Loss

    The Eleventh Circuit affirmed that two excess insurers owed Direct General Insurance Co. no coverage for class and individual allegations that Direct General underpaid personal injury protection benefits, holding Thursday that the allegations are related to PIP demands predating the policies and are therefore excluded from coverage.

  • September 29, 2016

    Conde Nast Ruling Aids Other Subscriber Data Suit, Court Told

    A Consumer Reports reader accusing the magazine’s publisher of violating Michigan privacy law by selling subscriber data on Thursday urged the New York federal judge overseeing the case to take note of a fellow judge’s decision Wednesday denying dismissal to Conde Nast in a nearly identical suit.

  • September 29, 2016

    Barclays Wants Second Shot At Exiting Libor Suit

    Barclays Bank PLC and two other foreign banks urged a New York federal court Thursday to revisit a 2014 order stopping them from filing a jurisdictional challenge to a suit alleging a multibank conspiracy to fix interbank loan rates, saying a recent Second Circuit decision upset the court’s reasoning.

  • September 29, 2016

    Ill. High Court Denies Leave To Appeal TCPA Coverage Ruling

    Illinois’ Supreme Court on Wednesday rejected a petition to appeal a lower court's determination that First Mercury Insurance Co. wasn’t required to contribute to a $4 million settlement in a Telephone Consumer Protection Act suit, leaving in place a ruling that also chastised attorneys profiting off the “proliferation” of class actions brought under the act.

  • September 29, 2016

    LivaNova Escapes Suit Over Blood Temp Equipment

    A Pennsylvania federal judge freed LivaNova PLC from a proposed class action alleging that a cooling system made by a subsidiary exposed patients to a bacteria during open heart surgery, saying Thursday that the court did not have jurisdiction over the parent company.

  • September 29, 2016

    Flint Complaint Still Too Long, Engineering Firm Says

    Engineering firm Veolia North America LLC further urged a Michigan federal judge Thursday to throw out a proposed class action trying to peg it with liability for Flint’s lead contamination crisis, saying it shouldn’t have to “swim through” the prolix complaint to piece together what, exactly, make up the accusations against it.

  • September 29, 2016

    Ex-ITT Tech Instructors Assert $20M Wage-And-Hour Claim

    A proposed wage-and-hour class action brought in California on behalf of adjunct instructors of ITT Tech is seeking authority to file a $20.2 million claim in the now-shuttered for-profit college’s bankruptcy case, according to court documents filed Thursday.

  • September 29, 2016

    Disney, Warner Bros. Beat Suit Over Captions For Lyrics

    A group of media giants including Disney, Warner Bros., Netflix and Sony shook a lawsuit alleging they had misled hearing-impaired people with captioned films that left out song lyrics when a California federal judge ruled Wednesday the captioning labels weren’t really a misrepresentation.

  • September 29, 2016

    Judge OKs Revised $12M Deal In Starkist Underfilled Tuna Suit

    A California federal judge on Thursday signed off on a $12 million deal resolving a class action accusing Starkist Co. of stiffing tuna buyers with underfilled cans, saying revisions made to the scope of the settlement’s release warranted final approval.

  • September 29, 2016

    DraftKings, FanDuel Will Press For Arbitration In MDL

    Daily fantasy sports companies DraftKings and FanDuel told a Massachusetts federal judge Thursday that they will seek to force most of a sweeping multidistrict litigation that alleges their entire business model is based on fraud and lies into arbitration.

  • September 29, 2016

    Colony Capital Investor Sues To Block NorthStar Merger

    A Colony Capital Inc. shareholder filed a putative class action complaint in a Maryland court on Thursday, seeking to block a proposed merger with NorthStar Asset Management Group Inc. and NorthStar Realty Finance Corp., claiming that the deal will leave Colony’s shareholders with a reduced share of a less valuable company.

  • September 29, 2016

    GM Urges 9th Circ. To Put Brakes On Car Data Hack Suit

    General Motors on Wednesday urged the Ninth Circuit not to restart a class action against it, Toyota and Ford alleging their cars' electrical systems are susceptible to hacking, saying the claims are based on speculative fears.

  • September 29, 2016

    Egg Producers Can't Crack Price-Fixing Conspiracy MDL

    A Pennsylvania federal judge Wednesday denied Michael Foods Inc. and three other egg producers' bid to escape a suit alleging a conspiracy to inflate egg prices, saying purchasers put forth sufficient evidence to show the producers may have participated in an illegal conspiracy

  • September 29, 2016

    Chicago Public Housing Residents Can Press High Rent Suit

    An Illinois federal judge declined Wednesday to dismiss a putative class action brought by Chicago public housing residents who say that the city’s housing authority has failed to provide increased assistance for their utility bills as electric and gas prices rise.

  • September 29, 2016

    Experian Defeats Credit Data Misreporting Allegations

    Experian Inc. beat a proposed class action accusing the company of misreporting short sales as foreclosures with a confusing coding system when a California federal judge ruled Wednesday the credit tracking company had provided clear instructions to creditors on how to interpret its data.

Expert Analysis

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • 5 Tips For Preparing Sales Reps For Trial Examination

    Matthew D. Keenan

    When defending drug and device companies, preparing sales representatives for examination in court can be challenging, as the sales rep is often the singular nexus between the company and the physician, and offer plaintiffs' counsel an opportunity to exploit them. Matthew Keenan of Shook Hardy & Bacon LLP offers five "best practices" tips for how to successfully defend marketing witnesses.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • International Comity Saves Vitamin C Defendants

    Ian Simmons

    The Second Circuit's decision last week in Vitamin C Antitrust Litigation shows that American courts may be increasingly likely to dismiss U.S. antitrust claims against foreign companies based in countries with heavy government involvement in the economy, say attorneys with O'Melveny & Myers LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • McDonald's Class Cert. Bodes Bad News For Franchisors

    John Aaron Hughes

    In Ochoa v. McDonald's, a California federal court recently certified a class of current and former employees of a McDonald's franchisee to pursue wage, overtime and maintenance-of-uniform claims. Although that result in a vacuum would certainly be enough to cause a stir, it is the facts that the court deemed important to the certification analysis that have the industry paying particularly close attention, says John Aaron Hughes of DLA Piper.

  • The Meaning Of 'Affiliate' In Class Action Settlements

    Lewis R. Clayton

    The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.