Class Action

  • April 1, 2015

    McDonald's To Raise Workers' Wages At Co.'s Restaurants

    McDonald’s USA, which is facing several wage-related lawsuits, joined the menu of lower-wage industry companies raising pay for certain workers, announcing Wednesday that employees at company-owned restaurants will receive starting pay at $1 above the local minimum wage, among other enhancements.

  • April 1, 2015

    Calif. Verizon-Unit Managers Near Loss In OT Cert. Bid

    A California judge on Wednesday tentatively refused to certify a putative class of about 300 managers in their consolidated wage-and-hour suit against a unit of Verizon Wireless, saying the court might have to look at how each individual store and kiosk manager spent their time.

  • April 1, 2015

    Hulu's Win Won't Halt Video Privacy Class Actions

    A California federal judge on Wednesday let Hulu LLC off the hook in a suit alleging it violated the Video Privacy Protection Act after ruling the video-streaming provider didn't know that Facebook Inc. could use its data to identify users, but the win turned on the facts of the case, attorneys say, and won't shut the door to future class actions.

  • April 1, 2015

    Jones Day Partner To Guide Takata Air Bag Settlement Talks

    The Florida federal judge overseeing multidistrict litigation stemming from defective air bags sold by Takata Corp. and included in numerous automakers' vehicles on Tuesday appointed a partner at Jones Day to serve as special mediator in the case.

  • April 1, 2015

    Dreamworks Beats Securities Suit Over Sluggish 'Turbo' Toon

    A California federal judge on Wednesday tossed a consolidated securities class action against Dreamworks Animation SKG Inc. alleging the company misled investors about the success of the animated movie "Turbo" and was too slow to take its $13.5 million write-down, saying the investors failed to show falsity or scienter.

  • April 1, 2015

    3rd Circ. Won't Rehear Armored Car FLSA-Exemption Finding

    The Third Circuit Wednesday denied a petition for rehearing by an armored car company regarding a precedent-setting affirmation earlier this month that a former driver is entitled to overtime pay under the Fair Labor Standards Act, rejecting an alternative argument to have the overtime payments reduced.

  • April 1, 2015

    NYC Strip Club Pays Up To $15M To Settle Dancers' Wage Suit

    The operators of New York City strip club Rick’s Cabaret have agreed to pay up to $15 million to end a wage-and-hour class action brought by former exotic dancers, saying Wednesday the settlement was in the best interest of its shareholders.

  • April 1, 2015

    CAFA Removal OK Under High Court’s Dart Cherokee: 9th Circ.

    The Ninth Circuit on Wednesday reversed a lower court order remanding a consumer class action suit against Nationstar Mortgage LLC to state court, saying that removal under the Class Action Fairness Act was timely in light of the U.S. Supreme Court’s recent decision in Dart Cherokee.

  • April 1, 2015

    Asst. Store Managers Bring FLSA Suit Against Toys R Us

    Five assistant store managers at Toys R Us Inc. filed a putative class action suit Tuesday in Florida accusing the retailer of violating the Fair Labor Standards Act by denying them overtime pay.

  • April 1, 2015

    Final Hagens Berman Thalidomide Claim Too Late, Judge Says

    A Pennsylvania federal judge ruled Wednesday that claims brought by Hagens Berman Sobol Shapiro LLP’s sole remaining client in a proposed class action accusing Sanofi-Aventis SA and Grunenthal GmbH of causing birth defects were filed too late, after the judge previously sanctioned the firm over obviously time-barred claims.

  • April 1, 2015

    9th Circ. Nixes Remand In Dollar Tree Rest Break Action

    The Ninth Circuit on Wednesday overturned a California federal judge's decision remanding to state court a rest break class action against Dollar Tree Stores Inc., ruling that revised class claims gave the retailer a second chance to bring the suit to federal court.

  • April 1, 2015

    Arpaio Wants Redo Of Privilege Ruling In Traffic Stops Case

    In an ongoing case over traffic stops used to verify drivers’ immigration status, Sheriff Joe Arpaio and the Maricopa County, Arizona, sheriff's office on Tuesday urged a federal court to reconsider its order denying attorney-client privilege protections to emails that copied a deputy chief.

  • April 1, 2015

    Sarepta Therapeutics Securities Class Action Gets The Boot

    A Massachusetts federal judge on Tuesday tossed a proposed putative securities class action accusing Sarepta Therapeutics Inc. of misleading investors over the chances of its muscular dystrophy drug eteplirsen hitting the market, saying that the biopharma company couched its optimistic statements with proper disclosures.

  • April 1, 2015

    Defective Tractor-Trailer Engines Lose Power, Suit Says

    The nation’s third-largest semitrailer maker was hit with a proposed class action Tuesday in New Jersey federal court for allegedly hawking defective tractor-trailers that lose power or stop on the road due to engine defects while touting their durability and quality.

  • April 1, 2015

    Quinn Emanuel Snags Ex-Skadden White Collar Litigator

    Quinn Emanuel Urquhart & Sullivan LLP has snagged a former Skadden Arps Slate Meagher & Flom LLP white collar litigator, who has experience handling matters in government contract fraud, class action and antitrust litigation, to serve as a partner in its Los Angeles office, Quinn Emanuel announced Wednesday.

  • April 1, 2015

    Wal-Mart Can't Shutter Pa. Managers' Unpaid OT Suits

    A Pennsylvania federal judge on Tuesday rejected Wal-Mart Stores Inc.'s bid for quick wins in a pair of putative class actions alleging the company shorted store managers on overtime, saying the retailer’s argument that the plaintiffs couldn’t know about other managers’ conditions “doesn’t hold water.”

  • April 1, 2015

    Pfizer Dodges Centrum Multivitamin False Ad Class Action

    A New York federal judge on Tuesday dismissed a proposed class action accusing Pfizer Inc. of duping consumers into thinking that its Centrum brand multivitamins provide a range of health benefits because studies cited by the plaintiffs didn't have anything to do with Centrum products.

  • April 1, 2015

    Cintas Backs Forcing EEOC To ID Alleged Sex Bias Victims

    Cintas Corp. urged a Michigan federal court Tuesday to reject the U.S. Equal Employment Opportunity Commission's challenge to an order requiring the agency to identity the women it will seek monetary damages for in a sex bias trial, saying the EEOC couldn't show a “palpable defect.” 

  • April 1, 2015

    SEC Focus On Financial Reports Is Fodder For Plaintiffs

    Though the price tag of class action settlements has dwindled and filings against big companies have fallen, one area of securities litigation appears to be a bright spot for the plaintiffs bar, and investors may have the U.S. Securities and Exchange Commission to thank for it, according to a Cornerstone Research report issued Tuesday.

  • April 1, 2015

    Hulu Beats Viewers' Facebook Privacy Class Action

    Hulu LLC didn’t know that Facebook Inc. could use the data the online video-streaming site provided to match individual users with specific videos they watched, according to a California federal judge’s order granting Hulu’s motion for summary judgment in a proposed class action on Tuesday.

Expert Analysis

  • Leaves Of Absence And Nonaccrual Vacation In Calif.

    Sebastian L. Miller

    Given the remedies available to employees and the uncertain state of current case law surrounding leaves of absence and nonaccrual vacation policies in California, employers would be wise to reconsider excluding LOA participants from benefiting from their unlimited vacation policies, says Sebastian Miller of Sebastian Miller Law PC.

  • How Non-US Investigations Are Breeding US Securities Suits

    Kevin M. LaCroix

    As regulators in Latin America and around the world become increasingly more active, it has become more likely that non-U.S. companies that have securities trading on U.S. exchanges become involved in a U.S. securities class action lawsuit, such as the one against Chemical & Mining Co. of Chile Inc., which is entangled in an ongoing corruption and tax evasion scandal, says Kevin LaCroix of RT ProExec.

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Calling The High Court On TCPA And Sovereign Immunity

    Lewis S. Wiener

    If the U.S. Supreme Court grants certiorari in Gomez v. Campbell-Ewald, the case will be one of first impression and could clarify the scope of derivative sovereign immunity for government contractors performing duties within the scope of delegated authority and whether such immunity can apply to Telephone Consumer Protection Act claims, say attorneys at Sutherland Asbill & Brennan LLP.

  • Ride App Class Actions May Impact 1099 Business Model

    Richard J. Reibstein

    The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • A Closer Look At Madoff Victims' PwC, Citco Suit

    Christine Vargas Colmey

    A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • Lower Courts Missing The Point Of Halliburton II

    John S. Williams

    Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.