Class Action

  • April 29, 2016

    1st Circ. Revives USA Today App User's Privacy Class Action

    The First Circuit on Friday revived a USA Today smartphone app user’s putative class action alleging the paper’s parent Gannett illegally collected his browsing data to sell to advertisers, ruling the app user, unlike a website user, is a “subscriber” protected by federal privacy law.

  • April 29, 2016

    Facebook's Stock Plan Consolidates Power To Founder: Suit

    Facebook Inc. shareholders on Friday accused the company’s board of hatching a plan to issue nonvoting stock that would hand over more power to CEO Mark Zuckerberg, giving him the equivalent of “billions of dollars in equity” he won’t pay for, according to a proposed class action filed in Delaware.

  • April 29, 2016

    GSK Seeks To Ax Heart Attack Suit In Diabetes Drug MDL

    GlaxoSmithKline told a Pennsylvania federal court that a man’s suit in multidistrict litigation over the alleged dangers of its diabetes drug Avandia should be tossed since he can’t show that his doctor wouldn’t have prescribed the drug if there’d been an allegedly adequate warning of cardiac risk at the time.

  • April 29, 2016

    Roscoe’s Chicken Sued Over Rest Breaks, Lighter-Skin Bias

    A former waitress for Roscoe’s House of Chicken & Waffles served the famous restaurant with a proposed class action saying she was forced to clock out for breaks she didn’t get to take and added individual claims, including that she was discriminated against for having darker black skin.

  • April 29, 2016

    Pa. Oil Co. Slapped With FLSA Class Action in OT Tussle

    Pittsburgh-based EQT Production Co. was hit with a putative class and collective action in Pennsylvania federal court Thursday accusing the oil and natural gas company of misclassifying certain employees as exempt and preventing them from collecting overtime wages after they put in up to 84 hours of work a week.

  • April 29, 2016

    NJ Justices To Mull If Shirking Arbitral Fees Counts As Breach

    The New Jersey Supreme Court agreed Friday to decide whether a used car dealership’s refusal to pay arbitral fees means the dealer breached an arbitration provision and must face a putative class action alleging the company overcharged customers for title and registration fees.

  • April 29, 2016

    Shareholder Says Vaalco Energy Board Entrenched Itself

    A shareholder of oil and gas explorer Vaalco Energy Inc. launched a derivative action against company executives and directors Friday in Delaware Chancery Court, saying they enacted generous severance packages to serve as a “poison pill” to a perceived takeover.

  • April 29, 2016

    Wells Fargo Blasts High Court Bid Over FDCPA Suit Fee Row

    Wells Fargo Home Mortgage has urged the U.S. Supreme Court to deny a petition filed by a woman claiming she was unfairly ordered to pay half of special master fees in her Fair Debt Collection Practices Act class action against the bank, saying the issue is unworthy of high court review.

  • April 29, 2016

    Pool Products Conspiracy Claims Sink In Antitrust MDL

    Pool product buyers failed to show that distributor Pool Corp. damaged competition in the supply chain through a series of conspiracies with manufacturers, a Louisiana federal judge ruled Friday in multidstrict litigation, finding those claims doomed if each alleged agreement was individually analyzed.

  • April 29, 2016

    Faruqi Takes 2nd Swing At Ex-Partner's Leucadia Fees Suit

    Faruqi & Faruqi LLP took a second run Friday at a former partner’s lawsuit alleging the firm didn’t pay her for work in shareholder litigation challenging Leucadia National Corp.’s $3 billion Jefferies Group Inc. grab, saying she tried to tack on allegations after the complaint was filed.

  • April 29, 2016

    UnitedHealth Says Class Wouldn't Be Efficient In ERISA Suit

    A UnitedHealth Group Inc. unit on Thursday asked a California federal judge not to certify a class of plan holders who say they were improperly denied mental health and substance abuse treatments in violation of ERISA, as each claim would need to be handled on an individual level.

  • April 29, 2016

    Lumber Liquidators To End Securities Suit Over China Imports

    Lumber Liquidators Holdings Inc. told a Virginia federal judge Thursday it has reached an agreement with shareholders to end a consolidated suit alleging the company misled investors regarding its importation of cheap products that used illegally harvested wood from China.

  • April 29, 2016

    Ferrari Hid Defect Behind Total Engine Failures, Suit Says

    Ferrari hid a design defect in certain sports cars that causes exhaust manifold parts to be sucked into the engine and ultimately leads to total engine failure, according to a proposed nationwide class action filed in New Jersey federal court Friday.

  • April 29, 2016

    Tampa Bay Buccaneers Ask FCC For Break On Fax Rules

    The Tampa Bay Buccaneers urged the Federal Communications Commission on Thursday to grant the Florida football team a waiver on the agency’s fax rules for advertising on tickets allegedly sent without the proper permissions and opt-outs, noting that the FCC has already granted the same relief to 130 other companies.

  • April 29, 2016

    Robbins Geller Wins Bid To Lead GoPro Securities Suit

    Robbins Geller Rudman & Dowd LLP will lead a consolidated putative class action accusing camera maker GoPro Inc. of making false and misleading statements regarding its Hero product line that ultimately caused the stock to tank, according to an order filed in California federal court on Thursday.

  • April 29, 2016

    2nd Circ. Affirms Dismissal Of Transocean Merger Suit

    Shareholders of a company acquired by Transocean Ltd. cannot sue over a stock drop resulting from the Deepwater Horizon spill because they did not bring the suit within the three-year time limit, a Second Circuit panel said Friday, affirming a lower court’s ruling.

  • April 29, 2016

    Mylan, Ranbaxy Push 3rd Circ. To Nix Provigil Class

    Mylan and Ranbaxy said Thursday that purchasers bringing pay-for-delay claims over the narcolepsy drug Provigil have failed to give the Third Circuit any good reason to uphold a class certification order, which the drugmakers have attacked as unsupported by the buyers’ damages theory.

  • April 29, 2016

    Fla. Resort, Foreclosure Co. Hit With Debt Collection Suit

    A Florida resort and a law firm’s foreclosure services business sent collection notices that listed personal information about other alleged debtors, in violation of debt collection laws, according to a proposed class action filed Wednesday in a Florida federal court.

  • April 29, 2016

    JPMorgan Asks 2nd Circ. To Affirm ‘London Whale’ ERISA Win

    JPMorgan Chase & Co. on Thursday said a federal district court correctly dismissed a lawsuit alleging that employees’ retirement plans tanked due to the bank’s $6 billion “London Whale” trading fiasco, because any measures that could have been taken to protect the plan would have caused further losses.

  • April 29, 2016

    Ex-Lockheed Worker Can’t DQ Judge In Girardi Fraud Suit

    A California federal judge refused Thursday to disqualify a fellow jurist accused by a former Lockheed Martin Corp. worker of having a conflict of interest in a lawsuit alleging Girardi Keese Law Firm pilfered from a $130 million class settlement for Lockheed employees.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Class Actions And Rule 23 Amendments: The Road Ahead

    Henry J. Kelston

    The amendments to Federal Rule of Civil Procedure 23 recently passed a major hurdle on the way to possible adoption. Henry Kelston, a partner at Milberg LLP, examines the potential impact of the proposed changes, which will primarily affect Rule 23 provisions governing class action settlements.

  • Wave Of False Labeling Class Decertifications In Calif.

    Stephen R. Freeland

    California plaintiffs have recently tested a number of alternative approaches trying to show that restitution under California’s Consumer Legal Remedies Act may be calculated on a classwide basis for false labeling actions — but courts have not only been skeptical of these approaches, they have flatly rejected them, say Stephen Freeland and Thomas Gilbertsen at Venable LLP.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Tyson Shouldn't Affect Automotive Class Actions

    David Carpenter

    While the U.S. Supreme Court's decision in Tyson Foods v. Bouaphakeo may represent a shift in class damages analysis, it's unlikely an automotive class action will involve similar facts that would support the use of such statistical evidence. Manufacturer defendants should be able to resort to the same defenses and arguments that have served them well in the past, say David Carpenter and Amanda Waide at Alston & Bird LLP.

  • Why Celebrity Sponsors Aren't Liable For False Advertising

    Christina Guerola Sarchio

    The Ninth Circuit’s recent opinion in a case involving a dietary supplement manufacturer and its celebrity spokesperson, former NFL quarterback Joe Theismann, reaffirms a large body of case law suggesting that public figures who simply endorse a product have a viable defense against claims for false advertising, say Christina Guerola Sarchio and Emily Luken at Orrick Herrington & Sutcliffe LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.

  • Madden In The Supreme Court: 4 Possible Outcomes

    David L. Beam

    The worst outcome for the financial industry of the Madden v. Midland Funding U.S. Supreme Court petition for a writ of certiorari would be if the court grants certiorari and then affirms the Second Circuit. The degree of damage inflicted by such a decision will depend on the court’s rationale, say attorneys with Mayer Brown LLP.

  • Class Cert. Unclear With Circuit Split On Ascertainability

    Jacqueline K. Matthews

    When it comes to certifying a class via the ascertainability standard, the Third and Seventh Circuits don't meet eye to eye on the specific requirements needed to achieve certification, meaning class action defendants’ ability to rely on the standard currently depends on what circuit they're in, says Jacqueline Matthews at BakerHostetler.