Class Action

  • May 26, 2015

    Hain Buyers Win Ruling On Implications of 'Organic' Labels

    A California judge on Tuesday boosted a class of consumers accusing Hain Celestial Group Inc. of falsely labeling cosmetics, accepting their “far-reaching” conclusion that labeling cosmetics as “organic” that contain less than 70 percent organic ingredients per se violates California’s unfair competition and consumer protection laws.

  • May 26, 2015

    Full 7th Circ. Won't Review Text Message Price-Fixing MDL

    Customers accusing T-Mobile USA Inc., Sprint Corp., AT&T Mobility LLC and Verizon Wireless LLC of fixing prices on pay-per-use text messages suffered a defeat in their massive multidistrict case on Friday, when the Seventh Circuit denied an en banc hearing request.

  • May 26, 2015

    KKR Gets Nod For $39M Deal Ending Primedia Sale Row

    A Delaware Chancery judge blessed an agreement Tuesday that will see private equity firm KKR & Co. LP pay $39 million to settle a class action which alleged its $525 million sale of Primedia Inc. unfairly deprived the publisher's minority shareholders of valuable claims.

  • May 26, 2015

    E&Y, American National Reach Deal Over Lehman Losses

    Ernst & Young LLP has settled allegations by American National Insurance Co. of Texas and certain of its affiliates that they lost over $21 million because of Lehman Brothers Holdings Inc.'s subprime exposure, the auditing firm told a New York federal judge Tuesday.

  • May 26, 2015

    With New OT Regs Looming, Lawyers Advise Early Planning

    The U.S. Department of Labor's ongoing push to narrow the white collar exemptions to the Fair Labor Standards Act could bring millions more workers under the aegis of federal overtime requirements. Here, experts offer Law360 insights on how the new regulations might affect FLSA litigation and tips for how employers can prepare.

  • May 26, 2015

    BMW Beats EEOC Info Bid In Background Check Bias Suit

    A South Carolina federal judge on Tuesday rejected the U.S. Equal Employment Opportunity Commission's bid in a background check race bias case to force BMW Manufacturing Co. LLC to give a "complete answer" to a question about a spreadsheet allegedly so complex it violated a limit on discovery queries.

  • May 26, 2015

    Retirees Fight For 6th Circ. Win In M&G Health Benefits Case

    A class of M&G Polymers USA LLC retirees told the Sixth Circuit Friday that an original injunction barring changes to their health benefits should be affirmed, after the Supreme Court vacated a ruling that they were due lifetime benefits.

  • May 26, 2015

    Skechers Can't Block State Shape-Ups Injury Suits

    Skechers USA Inc. lost its bid Friday to stop more than 800 plaintiffs from filing their personal injury suits over its Shape-Up toner shoes in state court, after a Kentucky federal judge ruled the plaintiffs were entitled to choose their initial venue.

  • May 26, 2015

    9th Circ. Denies En Banc Rehearing For Amgen ERISA Suit

    The Ninth Circuit on Tuesday declined to rehear en banc its revival of a putative Employee Retirement Income Security Act class action against Amgen Inc., but the opinion did include a lengthy four-judge dissent on whether the court properly incorporated the U.S. Supreme Court’s Fifth Third Bancorp ruling into its decision.

  • May 26, 2015

    Causation Key For J&J In Philly Risperdal Fight

    Bolstered by a March verdict clearing a Johnson & Johnson unit of liability despite a finding that its Risperdal warning labels were inadequate, the company is likely to keep the focus on whether the antipsychotic drug actually caused a plaintiff's abnormal breast growth as another trial begins Wednesday in Philadelphia.

  • May 26, 2015

    2nd Circ. Asks How Expert Report Could Derail Pfizer Action

    A Second Circuit panel wondered Tuesday how an extensively briefed securities fraud class action alleging Pfizer Inc. hid deadly risks associated with two painkillers could have been tossed on the eve of trial because of concerns over an economist's damages calculations, with two judges asking if less drastic measures would have sufficed.

  • May 26, 2015

    Tribe Says It Can't 'Out-Bribe' Donziger In Ecuador Court

    Indigenous Ecuadoreans seeking a share of a $9.5 billion pollution-related judgment that attorney Steven Donziger helped secure against Chevron Corp. told a New York appeals court Tuesday to keep the case in-state and not send it to the Ecuador court he allegedly bribed.

  • May 26, 2015

    USCIS Takes Too Long To Review Work Docs, Immigrants Say

    U.S. Citizenship and Immigration Services makes applicants wait too long to receive clearance to legally work in the country, resulting in lost wages and employment opportunities, according to a putative class action filed Friday in federal court.

  • May 26, 2015

    Grocery Antitrust Ruling Creates 'Twilight Zone,' Justices Told

    An Eighth Circuit ruling that revived part of a lawsuit challenging a noncompete pact between SuperValu Inc. and C&S Wholesale Grocers Inc. could leave businesses in a "twilight zone" when facing antitrust claims, the grocery wholesalers recently told the U.S. Supreme Court.

  • May 26, 2015

    Apple Gets Shareholder Suit Over Poaching Deals Halted

    A shareholder derivative lawsuit accusing Apple Inc. executives of harming the company by engaging in illegal and anti-competitive anti-poaching agreements with other tech giants has been put on ice by a California federal judge while a related state court proceeding that contains certain identical issues plays out.

  • May 26, 2015

    Lumber Liquidators Says Coverage Dispute Belongs In Wis.

    Lumber Liquidators Inc. urged a Virginia federal court Friday to dismiss Liberty Mutual Fire Insurance Co.'s suit challenging coverage for putative class actions over the retailer's sale of Chinese-made laminate flooring containing potentially dangerous levels of formaldehyde, asserting that the dispute should be heard in Wisconsin.

  • May 26, 2015

    AOL Wants To Hang Up On 'Wrong Number’ TCPA Lawsuit

    AOL Inc. tore into an “absurd” proposed class action in California federal court Friday, saying claims that texts sent by the company's instant messaging service to one cellphone violated the Telephone Consumer Protection Act could have extreme implications for everyday communications.

  • May 26, 2015

    Supreme Court Won't Hear Investor Suit Over Nvidia Chips

    The U.S. Supreme Court on Tuesday denied a bid to revive a proposed shareholder class action alleging Nvidia Corp. hid defects in its computer graphics chip products, effectively upholding a ruling that the chipmaker hadn’t had the requisite intent to mislead investors.

  • May 26, 2015

    3 Firms Cry Foul Over Audi Sludge MDL's $15M Fee Award

    Three law firms representing individual class members in multidistrict litigation over oil sludge in Volkswagen AG and Audi AG engines are attempting to reopen a $15.5 million attorneys’ fees award, saying the class's lead counsel should be censured for hiding a fee agreement from the court.

  • May 26, 2015

    DOJ Drops Oil Co. FCPA Investigation, Citing Cooperation

    Oil and gas startup Hyperdynamics Corp. said in a regulatory filing last week that the U.S. Department of Justice had ended a Foreign Corrupt Practices Act investigation into the company without bringing charges, which could stop short a pending class action against the company.

Expert Analysis

  • Rise Of The Small Firm Class Action Business Model

    Jessica J. Sleater

    The current class action litigation environment has spurned the evolution of the big class action firm toward a sleeker, smaller business model for plaintiffs' attorneys. Even though these new firms are small, they have already proven they can stomach risk and are successfully prosecuting actions against the country’s largest companies, say Jessica Sleater and Eric Andersen of Andersen Sleater LLC.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • A Route To Directors' Early Exit From Merger Litigation

    Kevin C. Logue

    It has become all too common in transaction-related stockholder litigation for the pleading net to be cast widely, embroiling disinterested and independent directors into long and costly litigation. The Delaware Supreme Court's decision in the case of Cornerstone Therapeutics Inc. should lead to closer scrutiny of allegations against individual directors, say attorneys with Paul Hastings LLP.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • Use Of Biometric Information As A Basis For Civil Liability

    Derek Sarafa

    Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Rolling The Dice On Class Actions Against Gaming Cos.

    A. Jeff Ifrah

    Settlement of class actions against social and video gaming companies alleging unlawful gambling could require the end of company practices that kill off main sources of revenue. Defendants should see suits through dismissal as opposed to settling — the long-term payout of discouraging predatory suits should be worth it, says A. Jeff Ifrah of Ifrah Law PLLC.