Class Action

  • July 2, 2015

    Och-Ziff Seeks Toss Of Securities Suit Over FCPA Inquiries

    Och-Ziff Capital Management Group LLC urged a New York federal judge on Thursday to dismiss class action allegations it artificially inflated stock prices by hiding Foreign Corrupt Practices Act investigations into multimillion-dollar payments it made in Africa, saying plaintiffs' complaint doesn't lay out enough specific facts pointing to bribery.

  • July 2, 2015

    Lacrosse Helmet Suit Wasn't Served By Deadline, Judge Says

    A Michigan federal judge on Thursday ordered a plaintiff who hit sports equipment maker Warrior Inc. and its parent New Balance Athletic Shoe Inc. with a proposed class action alleging the company sold unsafe lacrosse helmets to explain why the defendants had not been served by the deadline.

  • July 2, 2015

    BP Out Of Deepwater: The 5-Year Path To A Record Settlement

    BP Exploration & Production Inc.'s $18.7 billion global settlement Thursday caps a five-year court battle over the deadly 2010 Deepwater Horizon explosion. Here's a timeline of the case that fell just short of the U.S. Supreme Court and ended in the largest environmental settlement in U.S. history.

  • July 2, 2015

    Wells Fargo Wants To Join Tyson Against Class Actions

    Wells Fargo & Co. last week asked the U.S. Supreme Court to take on their overdraft fees case in complement with a Tyson Foods Inc. wage case that could make class actions tougher to pursue by curtailing the use of statistical sampling to support certification.

  • July 2, 2015

    Pet Owners Seek Cert. In Beneful Poison Dog Food Claim

    A group of dog owners who say their pets were killed or made seriously ill by toxic substances in the Beneful brand of Nestle Purina PetCare Co. asked a California federal court Wednesday to certify a class of dog owners who purchased the food.

  • July 2, 2015

    Struggling Law School Alumni Denied Class Cert In NJ

    A federal judge in New Jersey denied certification in a proposed $75 million class action by Widener University School of Law graduates who claim the school misrepresented their career outlook to the student body and in industry publications to boost enrollment, yet they didn't secure satisfying jobs after commencement.

  • July 2, 2015

    Without A Deal, BP Would Have Faced Harsher Penalties

    Despite the magnitude of Thursday’s $18.7 billion settlement that ends most of the litigation over BP Exploration & Production Inc.’s liability in the Deepwater Horizon disaster, experts say the company could have been hit even harder had the overseeing judge been able to hand down a penalty of his own.

  • July 2, 2015

    Kia MDL Judge Slams Objector Atty’s $800K Fee Bid

    The California federal judge overseeing settled multidistrict litigation accusing Kia Motors America and Hyundai Motor America of overstating their vehicles’ fuel efficiency on Thursday rejected a bid for $800,000 in fees by an attorney representing Virginia plaintiffs, ruling the lawyer’s “meritless” objections to the settlement didn’t benefit the class.

  • July 2, 2015

    Texas Judge Gives Nod To $84M Farmers Policy Refund Deal

    A Texas state judge on Thursday said he’ll give preliminary approval to an $84.4 million settlement between Farmers Group Inc. and the Texas Department of Insurance, which sought refunds for policyholders who paid too-high premiums for reduced coverage.

  • July 2, 2015

    OSI Investors Seek Class Cert. Over 'Naked' TSA Scanners

    OSI Systems Inc. could be facing “thousands” of angry investors after an Arkansas retiree benefit fund asked a California federal judge on Tuesday for class certification in its lawsuit accusing OSI of failing to disclose that the company’s Transportation Security Administration scanners showed subjects naked.

  • July 2, 2015

    Girardi Keese Can't Avoid Recovery Sharing In Avandia Suits

    The Third Circuit on Thursday upheld an order forcing The Girardi Keese Law Firm to kick in its purported share to a common benefit fund in centralized suits against GlaxoSmithKline LLC over the diabetes drug Avandia, finding that a district court had the power to decide the cross-country dispute.

  • July 2, 2015

    8th Circ. Urged Not To Rehear $42M NFL Player IP Deal

    The settling plaintiffs in a $42 million settlement between the NFL and nearly 25,000 players over the use of players' likenesses in NFL-sponsored TV shows told the Eighth Circuit on Thursday not to rehear the case, despite several former players’ request for a rehearing.

  • July 2, 2015

    Nissin Says Cup Noodle Trans Fat Suit Is In The Soup

    Nissin Foods Company Inc. urged a California federal judge on Thursday to throw out a proposed class action claiming the company misled consumers about the amount of trans fats in its Cup Noodles products, arguing that its labeling follows federal requirements.

  • July 2, 2015

    Home Depot Slams Banks' Claims In Data Breach MDL

    Home Depot Inc. asked a Georgia federal court on Wednesday to toss claims by banks in multidistrict litigation against the home improvement retailer over a 2014 payment card breach, saying the banks can't recover expenses incurred to beef up security after the breach.

  • July 2, 2015

    Tribal Descendants In Land Suit Must Post Bond, Court Told

    The Lower Sioux Indian Community and 75 landowners embroiled in a land dispute with descendants of the Mdewakanton people asked a Minnesota federal judge Thursday to deny a bid to stay an order for an appellate bond, saying there's little chance the plaintiffs' appeal will succeed.

  • July 2, 2015

    Dole Says Claims Over $1.6B Deal 'Recklessly Villainize' CEO

    Dole Food Co. Inc. told a Delaware Chancery judge Thursday that shareholders challenging the $1.6 billion deal to take the company private are trying to “recklessly villainize” CEO David H. Murdock with accusations he colluded with Deutsche Bank AG to sink the company’s share price before buying it out.

  • July 2, 2015

    2nd Circ.'s Fox, Hearst Rulings Won't Kill Intern Wage Suits

    The Second Circuit's rulings Thursday in intern wage cases against the Hearst Corp. and Fox Entertainment Group Inc. broke new ground, but while some see the decisions as a big win for companies, the appeals court hasn't slammed the door on suits seeking pay for former interns, lawyers say.

  • July 2, 2015

    Apple Store Employees Renew Cert. Bid In Bag-Check Suit

    Apple Inc. retail employees who claim they weren't paid for time spent undergoing required bag and technology checks renewed their bid for class certification in California federal court Thursday, arguing that the fact that they were all subject to Apple's inspection policy creates a common question.

  • July 2, 2015

    Chipotle Must Face Workers' Comp Class Action: Calif. Court

    A California appeals court has revived a putative class action accusing Chipotle Mexican Grill Inc. of improperly using indirect employee payments to lower its workers compensation premiums, saying the chain violated state labor laws with the practice.

  • July 2, 2015

    Borders Gift Card Holders Ask Justices To Fix Mootness Split

    Borders Group Inc. customers who lost out on $210 million in gift cards after the company went bankrupt have asked the Supreme Court to hear their case, saying the 11 circuit courts have 11 different rule sets governing when to dismiss a bankruptcy claim appeal.

Expert Analysis

  • Neither 'Junk' Nor 'Healthy' Food Cos. Are Safe From FDA

    Leigh Ann Benson

    While regulatory action from the U.S. Food and Drug Administration against “junk food” products, trans fats and partially hydrogenated oils is not surprising, the FDA's letter to Kind LLC surprised many food and beverage industry observers given the company's position as a leader in the market of “healthy” snack products, says Leigh Ann Benson of Cozen O’Connor PC.

  • Using Big Data In Gathering Expert Testimony

    Mike DeCesaris

    In high-stakes litigation, the role of data in supporting expert testimony is growing rapidly at a time when there has been an explosion in the number of database platforms and software tools. Given that expert discovery timelines have not expanded to reflect this increased size and complexity, these trends have important implications for required computing resources and expertise, says Mike DeCesaris of Cornerstone Research Inc.

  • Can Consumer Privacy Slow The Rise Of TCPA Class Actions?

    Heather Cantua

    Given recent case law, perhaps some courts are placing a higher value on customer privacy than on runaway Telephone Consumer Protection Act class actions. Regardless, if phone carriers continue to succeed in withholding customer information, then the impact on plaintiff efforts to ascertain and certify TCPA cellphone classes could be significant, say attorneys at Reed Smith LLP.

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)

  • Coupon Sales Tax Rules Create Thorny Compliance Problems

    Adam P. Beckerink

    The crux of the issue in Wong v. Whole Foods Market Group Inc. and similar cases around the country is whether, when a customer uses a coupon, sales tax should be collected on the full retail price or the discounted price. The 44 states, plus the District of Columbia, that levy sales taxes deal with this issue differently, resulting in a Herculean compliance task for multistate businesses, say attorneys with Reed Smith LLP.

  • Madden Has Far-Reaching Implications For Loan Investors

    Scott A. Cammarn

    The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • Uniforms And Unpaid Interns And Minimum Wage! Oh, My!

    Michael J. Puma

    Three hot topics in wage-and-hour law for employers today are uniform policies, unpaid internships and minimum wage requirements. With pressure from media coverage, political and social justice organizations and plaintiffs’ counsel, employers should adopt certain best practices to avoid liability and reduce the risk of class action litigation, say attorneys at Morgan Lewis & Bockius LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.