Class Action

  • December 2, 2016

    Plaintiffs Seek Consolidation In Meningitis Outbreak Case

    Four patients and four relatives of deceased victims asked a federal judge Thursday to consolidate their cases against a Maryland surgery center that allegedly injected them with meningitis-tainted steroids connected to a Massachusetts pharmacy.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Chrysler, Bosch Face Emissions Suit Over 'EcoDiesel' Models

    The American unit of Fiat Chrysler Automobiles NV and German auto parts manufacturer Robert Bosch GmbH were slammed with a proposed class action in California federal court Thursday over the alleged use of illegal “defeat devices” in Dodge Ram and Grand Cherokee models marketed as “EcoDiesel.”

  • December 1, 2016

    Cemex Buyers' Cert. Bid Falls Flat In Deceptive Fee Row

    A Florida federal judge Thursday rejected a construction company’s bid to certify a class of clients of building materials supplier Cemex on claims that it charged deceptive fees, ruling there is evidence that not all potential class members were necessarily tricked. 

  • December 1, 2016

    Murphy Oil Dooms Nursing Center's Arbitration Rules

    A Los Angeles-area skilled nursing facility violated the National Labor Relations Act through an arbitration policy where employees waive their right to class or collection action, a National Labor Relations Board judge ruled Wednesday, citing the Board’s Murphy Oil ruling.

  • December 1, 2016

    Concrete Co. Beats Meal Break Suit At Calif. Appeals Court

    A California appeals court on Wednesday affirmed a lower court ruling that a concrete mixing company did not illegally deprive a class of workers of meal breaks, ruling the workers were free to take time to eat but most chose not to.

  • December 1, 2016

    Courts Decide Private Utility Battles, Ill. Justices Tell 7th Circ.

    The Illinois Commerce Commission does not have jurisdiction over rate disputes between nonpublic companies that sell electricity and their customers, the Illinois Supreme Court said Thursday in an opinion issued as part of a Seventh Circuit appeal in a proposed class action over alleged overcharging.

  • December 1, 2016

    Arbitration Not Barred By FLSA, 6th Circ. Hears

    Outsourcing and consulting firm Kelly Services Inc. urged the Sixth Circuit to rule that it could arbitrate an employee's claims that he wasn't properly paid overtime, saying a lower court incorrectly determined that the right to pursue collective actions under the Fair Labor Standards Act can’t be waived.

  • December 1, 2016

    Dick's Must Face TCPA Claims, But Not Classwide

    The attorney accusing Dick’s Sporting Goods Inc. of sending him text messages in violation of federal privacy law on Thursday survived the retailer’s dismissal bid, but was found by the California federal judge not to be an adequate class representative and was denied a request for certification.

  • December 1, 2016

    Lyft Nears OK On $27M Wage Deal Amid Driver Objections

    A California federal judge indicated Thursday that he’ll likely approve a $27 million settlement resolving allegations the ride-hailing company Lyft shorted Golden State drivers on tips and expenses by misclassifying them as independent contractors, saying objections to the deal aren’t fatal.

  • December 1, 2016

    Landlords Get Class Cert. In Philly Gas Liens Suit

    A group of landlords suing Philadelphia Gas Works for allegedly failing to provide them adequate advance notice before placing liens on their properties for unpaid bills racked up by tenants were granted class certification by a federal judge on Thursday.

  • December 1, 2016

    CEO Hurting Patriot National To Keep Control, Investor Says

    A shareholder of Patriot National Inc., which provides administrative services to insurance companies, has sued the company in Delaware based on allegations that its CEO made a series of detrimental decisions to retain control.

  • December 1, 2016

    $7B Visa-MasterCard Fee Deal Hits Supreme Court

    A group of retailers have asked the U.S. Supreme Court to reconsider their landmark, $7.25 billion antitrust settlement with Visa and MasterCard after the Second Circuit nixed the interchange fee deal.

  • December 1, 2016

    Jeep Owners Fight 9th Circ. Cert. Ruling Publication Bid

    A decertified class of Jeep owners accusing a Fiat Chrystler unit of selling vehicles with defective windows urged the Ninth Circuit on Wednesday not to publish the court's ruling as requested by the automaker, saying the six-page decision did nothing to alter an existing rule of law in any way.

  • December 1, 2016

    3rd J&J Hip Implant Bellwether Delivers $1B Verdict

    A Texas federal jury on Thursday found Johnson & Johnson’s DePuy Orthopaedics Inc. unit liable for more than $1.04 billion in a six-plaintiff bellwether trial targeting metal-shedding artificial hips that are part of its Pinnacle line, dwarfing the $150 million verdict J&J is on the hook for after a previous bellwether.

  • December 1, 2016

    B&N Says Revamped Data Breach Suit Still Fails

    Barnes & Noble Inc. urged an Illinois federal court Wednesday to toss a proposed class action over a data breach once and for all, arguing that the book buyers still haven’t managed to demonstrate a sufficient injury despite revamping their claims several times.

  • December 1, 2016

    Oil Co. Wants To Nix 2nd FLSA Collective Action Cert. Bid

    Stuart Petroleum Testers Inc. told a Texas federal judge on Wednesday to deny a second bid to certify a collective action alleging the oil company failed to pay overtime under the Fair Labor Standards Act, saying the worker who filed suit has failed to offer evidence of similarly situated individuals or that others want to join the suit.

  • December 1, 2016

    Shipping Act Allows State Antitrust Claims, Fed. Agency Says

    The Federal Maritime Commission Wednesday asked the Third Circuit to partially reverse the dismissal of multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, saying federal law does not bar the plaintiffs’ state law claims.

  • December 1, 2016

    Consumers Say L’Oréal Hair Fixer Can't Fix Hair

    L’Oréal USA Inc. was sued Wednesday by a putative class of consumers who say one of its products couldn’t repair damaged hair as advertised.

  • December 1, 2016

    Judge Denies Enron Investors' Bid To Retry UBS Suit

    A Texas federal judge has declined to rethink her dismissal of a proposed class action claiming UBS Financial brokers hid Enron's fraud from retail investors, saying that investors waited too long to try to fix their claims.

Expert Analysis

  • Making 'Made in USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Judge Cries Foul On MLB Protective Netting Class Action

    Steve Cernak

    Unfortunately for the plaintiffs, because they failed to show that there was a credible or immediate threat that they would be struck by a foul ball while attending a future MLB game, the court dismissed their allegations on Article III standing grounds, and therefore avoided the thornier issues regarding the continuing applicability of the Baseball Rule to the modern sport of baseball, say Steve Cernak and Matthew Kennison of Schiff Hardin LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • How CFPB Plans To Regulate Certain Cellphone Carriers

    Brian T. Casey

    Mobile phone carriers that engage in third-party billing services may soon be considered to be providing products covered by the Consumer Financial Protection Bureau. This proposed change represents a number of major issues for the mobile phone industry and possibly the service contract and insurance industries, say Brian Casey and Aaron Igdalsky of Locke Lord LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Sugar Industry Documents May Impact Litigation

    Heather Counts

    Litigation targeting products that contain added sugar is on the rise, and plaintiffs attorneys are expanding their playbook. Public health researchers are analyzing internal sugar industry documents for evidence of attempts to influence policy and more. With researchers turning their focus to sugar, food and beverage makers should be on high alert, say Heather Counts, Liz Blackwell and Sue Werstak of Thompson Coburn LLP.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • Plumlee V. Pfizer: Don’t Underestimate Statute Of Limitations

    Steven Boranian

    In an opinion that the Ninth Circuit filed recently in a prescription antidepressant class action, the court held that California’s discovery rule did not extend the plaintiff’s time to sue. A closer look at the case reveals how a lack of diligence can doom a lawsuit when the clock is ticking, says Steven Boranian of Reed Smith LLP.