Class Action

  • October 24, 2016

    9th Circ. Revives Bloomingdale's Break Row, Citing Iskanian

    An ex-Bloomingdale’s saleswoman will be able to pursue her claims against the retailer for allegedly denying her meal breaks, the Ninth Circuit said Monday, vacating an earlier decision that ended her case and citing the California Supreme Court's landmark decision in Iskanian v. CLS Transportation.

  • October 24, 2016

    Harbor Freight Tools Can’t Nix Fake Discount Class Action

    A California federal judge Monday rejected Harbor Freight Tools' bid to slip a putative false advertising class action claiming the retailer promoted fake sale prices to make customers think items were discounted, saying the plaintiff didn’t need to show the extent of any economic loss.

  • October 24, 2016

    ECA Loses Bid To Nix $1.1M Landowner Royalties Verdict

    A class of landowners who say they were underpaid for natural gas royalties are entitled to a $1.1 million judgment from Energy Corp. of America, a Third Circuit panel ruled Monday, finding that the company didn't prove its need for a new trial.

  • October 24, 2016

    Lead Counsel's $46.3M Fee Cut By $1.3M In CRT MDL

    Trump Alioto Trump & Prescott LLP should see a $1.35 million reduction in its share of $158.6 million in attorneys’ fees awarded to the dozens of firms representing indirect purchasers as part of a $576.8 million settlement of antitrust claims in multidistrict litigation involving cathode ray tubes, a California federal court-appointed special master recommended on Monday.

  • October 24, 2016

    Judge Won't Strike Class Claims In $5M Publix TCPA Suit

    A Florida federal judge refused Monday to strike the class allegations from a proposed $5 million complaint against supermarket chain Publix's alleged robocalls in violation of the Telephone Consumer Protection Act, ruling there was nothing in the allegations that warranted spiking them so early in the litigation.

  • October 24, 2016

    Geico Class Suit Parties Warned On Del. Discovery 'Games'

    A Delaware vice chancellor flatly warned Geico General Insurance Co. and attorneys for a proposed class Monday against “playing games” over document discovery in a lawsuit challenging auto insurer caps on personal injury protection payouts, noting that files already were shared in a similar federal court case.

  • October 24, 2016

    Gold's Gym, Trainers Get Nod On $625K Deal In Wage Suit

    A Texas federal judge on Friday approved a $625,000 settlement ending wage and overtime claims by a class of Gold’s Gym trainers but refused to grant the gym chain’s request to toss a prior ruling that the trainers were entitled to extra pay under the gym's commission system, since the commissions on one-hour training count as an hourly wage.

  • October 24, 2016

    8th Circ. Finds Chemical Spill Suit Belongs In Fed. Court

    The Eighth Circuit found a proposed tort class action against Clean Harbors Environmental Services Inc. over an alleged chemical spill should have remained in federal court in a precedential ruling issued Monday that addressed the standard for determining when a 30-day removal period is triggered under the Class Action Fairness Act.

  • October 24, 2016

    9th Circ. Undoes Jeep Liberty Window Defect Class

    The Ninth Circuit on Monday decertified a class of FCA US LLC Jeep Liberty owners who claimed the vehicles’ windows are defective, saying that some of the drivers would be better off with lawsuits seeking to force future repairs or payment for the cost of those repairs.

  • October 24, 2016

    Marriott Time-Share Owners Rebut County Bid To Avoid Suit

    Time-share purchasers who accuse Marriott and First American Title Insurance Co. of duping them into invalid real estate deals slammed an attempt by Florida's Orange County to escape claims it was complicit in the alleged violations, saying the county's responsibilities go beyond being a “mindless administrator.”

  • October 24, 2016

    US Says Congress Didn't Intend A Wait List For H-1B Lottery

    The U.S. Citizenship and Immigration Services urged an Oregon judge Friday to rule in its favor in a putative class action calling for changes to the randomized lottery system for H-1B visas, saying the plaintiffs’ demand that a waiting list be implemented runs contrary to the intent of Congress.

  • October 24, 2016

    Securus Can’t Escape Prison Callers’ Recording Suit

    A proposed class of callers accusing prison telephone service provider Securus Technologies of recording their calls without permission on Monday escaped a dismissal bid with their claims mostly intact, as a California federal judge refuted the company's arguments that the plaintiffs lacked evidence.

  • October 24, 2016

    Liberty, Sirius XM Urge Chancery To Ax Stock Buyback Claims

    Liberty Media Corp. and Sirius XM Holdings Inc. urged the Delaware Chancery Court on Monday to toss a shareholder derivative challenge to a $2 billion stock repurchase plan, arguing the suing stockholder doesn’t show that a majority of directors are beholden to Liberty chairman and ex-Sirius director John Malone.

  • October 24, 2016

    SoulCycle Riders Want To Force Discovery In Gift Card Case

    Indoor cycling giant SoulCycle Inc. is stalling discovery in a putative class action claiming it sells illegally expiring gift certificates, the gym’s customers told a California court Friday.

  • October 24, 2016

    Drivers Insist Calif. Toll System Violates Due Process

    The operators of a cashless toll system in Orange County, Calif., cannot dodge a proposed class action alleging they levied inflated fines and deprived drivers of meaningful opportunities to challenge those fines, in violation of drivers’ due process rights, a federal judge was told Friday.

  • October 24, 2016

    Volvo Looks To Hold On To Damages Expert In Sunroof Suit

    Volvo Car Corp. on Monday urged a New Jersey federal judge not to block the testimony of a damages expert in a lawsuit by vehicle owners over allegedly faulty sunroofs, saying his critique of the proposed class definitions and classes as a whole is valid.

  • October 24, 2016

    Uber Settles FCRA Suit Over Employee Screening Methods

    A New Jersey federal judge on Monday administratively dismissed a putative class action accusing Uber and background check company Hirease Inc. of violating the Fair Credit Reporting Act by conducting unlawful checks, noting that the companies have agreed to settle the suit filed by Uber job applicants.

  • October 24, 2016

    Borrowers Say Payday Lender's Criminal Cases Kill Arbitration

    A putative class of borrowers who say payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts on Friday asked the Texas Supreme Court to stop the lender from moving their claims to arbitration.

  • October 24, 2016

    ADT Alarm Hackability Suit Trimmed, Fraud Claim Remains

    A California federal judge on Monday partially dismissed a proposed class action against home security company ADT LLC over its products' alleged susceptibility to hacking, though a claim that the company fraudulently hid from consumers that vulnerability was allowed to continue.

  • October 24, 2016

    HP, Panasonic Come To Terms In Disk Drive Antitrust MDL

    HP has reached an agreement to dismiss claims against Panasonic that the electronics company violated antitrust laws by allegedly participating in a scheme with other optical disk drive makers to fix the prices of the devices, according to documents filed Monday in California federal court.

Expert Analysis

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • Will 2nd Circ. Pare Back Rakoff’s Class Definitions?

    Ronald J. Colombo

    On Nov. 2, the Second Circuit will hear oral argument in a Petrobras investor suit that involves important questions concerning the proper application of Morrison v. National Australia Bank and Basic v. Levinson within the context of class certification. How the court responds to Judge Jed Rakoff’s approach could have profound implications for securities class action litigation, says Ronald Colombo, professor of law at Hofstra University.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Recent Application Of MFW Confirms 3 Important Principles

    Christopher E. Austin

    The Delaware Chancery Court's recent opinion in a shareholder suit challenging the buyout of Books-A-Million clarifies the obligations of controlling stockholders when it comes to going-private and similar transactions. The opinion also indicates the continued viability of MFW despite the efforts of the plaintiffs bar to limit its benefits, says Christopher Austin of Cleary Gottlieb Steen & Hamilton LLP.

  • Court Shows No Love for Aphrodisiac Class Certification

    Stephen McConnell

    The U.S. District Court for the Southern District of California recently blocked plaintiffs' efforts in Sandoval v. Pharmacare to certify a nationwide class of disappointed users of an herbal supplement. Lack of standing is the key issue in this case, says Stephen McConnell of Reed Smith LLP.

  • Calif. High Court Scrutinizes On-Call Rest Breaks

    Barbara L. Harris Chiang

    The California Supreme Court's decision in Augustus v. ABM Security Services may have a huge impact on how employers handle rest breaks. If the court of appeal’s decision is reversed, employers who have on-call policies, or informal requirements that employees be reachable during breaks, may face substantial liability for past and future practices, say attorneys at Kaufman Dolowich & Voluck LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Defending TCPA Class Actions In The Wake Of Spokeo

    Perrie Weiner

    While the Spokeo decision is still new, cases like Sartin v. EKF Diagnostics have already illustrated how the decision can be added to a class action defendant’s arsenal of defenses used to put a stop to meritless Telephone Consumer Protection Act lawsuits before they get off of the ground, say attorneys with DLA Piper.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.