Class Action

  • November 24, 2015

    Ford Throttle Defect Suit Moves Forward With Fewer Claims

    A West Virginia federal judge on Tuesday trimmed some claims from a proposed class of Ford car owners claiming their vehicles are subject to sudden acceleration but told them they could file an amended consolidated complaint to fix a drafting error.

  • November 24, 2015

    Bleach Makers Agree To Pay $2.2M To Settle Antitrust Claims

    A South Carolina water and sewer authority on Monday urged a federal court to grant preliminary approval to a $2.2 million settlement of a putative class action that alleges that three companies that manufacture and sell bulk bleach violated federal antitrust laws by conspiring to control the product’s market.

  • November 24, 2015

    3 Banks Say Lack Of Jurisdiction Frees Them From Forex Suit

    Three foreign banks added as defendants to a class action claiming a group of banks orchestrated a conspiracy to rig the foreign exchange market asked a New York federal judge Monday to drop them from the litigation, arguing the court has no jurisdiction over them.

  • November 24, 2015

    Uber, Drivers Spar Over Class Size, Arbitration Waiver

    The parties in a closely watched suit that will determine whether Uber Inc. drivers are employees or independent contractors continued to wrestle in California federal court Wednesday over whether to expand the certified class and whether to arbitrate the bulk of their claims.

  • November 24, 2015

    Yelp Investor Suit Tossed For Scant Evidence

    A California federal judge has dismissed a securities class action against review site Yelp Inc. claiming it oversold the authenticity of its reviews and thereby pumped up its stock price, saying a few businesses’ complaints to the Federal Trade Commission didn’t constitute evidence of wrongdoing.

  • November 24, 2015

    Home Depot Says Data Breach Outreach Won't Mislead Banks

    Home Depot Inc. hit back Monday at a proposed class of banks affected by the retail giant's 2014 data breach, calling merely speculative their concerns that Home Depot could mislead absent class members by telling them about its potential deals with Visa and MasterCard.

  • November 24, 2015

    Ex-NCAA Champs Ask 9th Circ. For Replay In Likeness Suit

    Two former college basketball players told the Ninth Circuit that a California federal court wrongly dismissed their putative class action against a company that sold photos of them in action, arguing the lower court failed to distinguish between the copyright for the photos and the players’ publicity rights.

  • November 24, 2015

    Magazine Buyer Accuses Hearst of Selling Subscriber Info

    A Michigan resident and former subscriber to Good Housekeeping magazine sued Hearst Communications Inc. on Tuesday in New York federal court, alleging that the publisher sells its subscribers’ personal information to third parties without consent, a violation of Michigan’s Video Rental Privacy Act.

  • November 24, 2015

    Car Shippers Blast GM 'Ruse' To Keep Antitrust Claims Alive

    Maritime shippers told a New Jersey federal judge Tuesday that General Motors LLC's argument that it's not covered under a dismissal of multidistrict litigation alleging the shippers schemed to fix prices for transporting vehicles is a just a "ruse" to keep its claims alive.

  • November 24, 2015

    FanDuel Slapped With False Ad Class Action In Calif.

    Embattled daily fantasy sports giant FanDuel Inc. was hit with yet another lawsuit Monday, with two players alleging in a putative class action in California state court the company tricks consumers with a false promise of matching their initial buy-in.

  • November 24, 2015

    Counsel Seek $12M Of $36M BofA Appraisers' OT Settlement

    Counsel for a class of residential real estate appraisers asked a California federal judge Tuesday for $12 million in attorney's fees after reaching a $36 million settlement with a Bank of America subsidiary in an action accusing it of misclassifying the appraisers as exempt from overtime.

  • November 24, 2015

    E-Cig Maker Says Cert. Bid Fails Again In False Ad Row

    NJOY argued on Monday that a California federal court should again deny class certification to consumers who claim the company touted its e-cigarettes as safer than traditional smokes, saying their second bid for class certification doesn't fix the original problems.

  • November 24, 2015

    UnitedHealth Plan Reaches Settlement In ERISA Suit

    A UnitedHealth Group insurance plan has reached a settlement with a woman who filed a putative class action claiming improper calculations of benefits for employees who participated in Medicare but were also covered by plans UnitedHealth helped run, court documents showed.

  • November 24, 2015

    Customers Tell 6th Circ. They Have Standing In Breach Suit

    Two Nationwide Mutual Insurance Co. customers whose proposed class action over a 2012 data breach was booted from Kansas federal court last year pushed the Sixth Circuit on Monday to bring it back, saying lax protection policies and the substantial risk of future harm provide standing for their claims.

  • November 24, 2015

    Life Time Fitness CEO Calls $2.8B PE Buyout Suit Defective

    The CEO of Life Time Fitness on Monday asked a Minnesota federal judge to dismiss a proposed shareholder class action claiming the company’s $2.8 billion private equity buyout undervalued the company and was supported by a misleading proxy statement, calling the allegations “speculative.”

  • November 24, 2015

    GM Asks 11th Circ. To Decertify Drivers In Safety Sticker Suit

    General Motors LLC told the Eleventh Circuit on Monday that Cadillac drivers suing over allegedly misleading safety-rating stickers on their cars shouldn’t have won class certification in Florida because they didn't provide sufficient evidence to show similar buying experiences.

  • November 24, 2015

    LA Residents File Class Action Over Sickening Gas Leak

    A putative class action was filed Monday in Los Angeles County Superior Court against Sempra Energy on behalf of a community of residents who say a natural gas leak at one of the utility’s storage facilities is making them sick.

  • November 24, 2015

    Ill. US Atty To Join Armstrong Teasdale

    A U.S. attorney in Illinois will join Armstrong Teasdale LLP and focus on commercial class actions and whistleblower cases after stepping down at the end of this year, the firm announced Tuesday.

  • November 24, 2015

    News Corp. Pans Ad-Monopoly Claim In Heinz, Dial Class Suit

    An attorney for News Corp. on Tuesday pressed a New York federal judge to toss a class action suit by consumer goods companies including Heinz and Dial alleging it monopolizes the market for third party, in-store promotions, saying the media giant is simply better than competitors at securing deals with retailers.

  • November 24, 2015

    Temple Law Group's Food Poisoning Claims Beat Objections

    A Pennsylvania state judge on Monday rejected preliminary objections seeking to strike punitive damage claims from a class action brought against a Philadelphia restaurant by a group of guests attending a Temple University Beasley School of Law banquet who say they were stricken with serious food poisoning.

Expert Analysis

  • Stop The Madden Madness

    Michael C. Tomkies

    Fairly read, the Second Circuit opinion in Madden v. Midland Funding does not overturn centuries of case law on the so-called "valid when made" doctrine. As plaintiffs have already begun to introduce Madden-related arguments in their filings, it is critical that the financial services industry proactively clarify the limited scope of Madden, say Michael Tomkies and Susan Manship Seaman of Dreher Tomkies LLP.

  • A Rare Insurance Defendant Class Action In Ohio


    Defendant class actions are exceedingly rare and insurers bringing declaratory judgments against numerous known and unknown claimants is even more rare. But in Medical Protective Company v. Center for Advanced Spine Technologies in Ohio federal court, just such a class was recently certified, says Jonathan Reich at Womble Carlyle Sandridge & Rice LLP.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Don't Let Mobile App 'Consumer' Become 'Subscriber'

    Zuzana Ikels

    The Eleventh Circuit's recent decision in Ellis v. Cartoon Network addressed a question of first impression at the appellate level — when a user of a free mobile application is a “subscriber” under the Video Privacy Protection Act. But the ruling's implications go far beyond the VPPA. The case illuminates three strategic issues that should be considered in developing mobile apps, says Zuzana Ikels of Polsinelli PC.

  • Safe Harbor Needed For Arbitral Rights In Absent Class Claims

    Richard A. Ripley

    To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Don't Let Lax Vendor Info Security Ruin Your Holiday Sales

    Dean Harvey

    Large retailers often have thousands of vendor relationships, some of which are tightly integrated with the retailers’ businesses. Yet contracts with vendors, and particularly agreements entered into years ago, may not include clearly defined information-security obligations and standards. Perkins Coie LLP attorneys discuss the seven steps retailers can take to mitigate the risks of vendor-related data breach.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • O’Bannon And Alternative Forms Of Injunctive Relief

    James P. Menton Jr.

    The Ninth Circuit's recent decision in O’Bannon v. NCAA raises important considerations on the type of evidence necessary to maximize the chances of retaining injunctive relief on appeal, say attorneys with Robins Kaplan LLP.