Class Action

  • June 24, 2016

    Urban Outfitters ZIP Code Class Says It Can Pass Spokeo Test

    A putative class of customers urging the D.C. Circuit panel to revive its suit against Urban Outfitters Inc. and Anthropologie Inc. over the collection of customer ZIP codes told the appellate court Friday that its injury claims are concrete enough to withstand the U.S. Supreme Court's recent Spokeo decision.

  • June 24, 2016

    KaloBios, Shkreli Deal Gets Final OK In Bankruptcy Court

    A Delaware federal bankruptcy judge on Friday approved a settlement between drug developer KaloBios Pharmaceuticals Inc. and former CEO Martin Shkreli, who was arrested on securities fraud charges, that severely limits his future involvement with the company.

  • June 24, 2016

    DOJ Assails Insurer's $5B Suit Over Withheld ACA Payments

    The government piped up on Friday in an insurer’s $5 billion proposed class action over a Health Department decision not to fully reimburse health insurers through the Affordable Care Act's so-called risk corridor program, arguing it still has until 2017 to make payments.

  • June 24, 2016

    Consumers Push For $9M Deal In HTC, Samsung Data Suit

    Cellphone owners urged a California federal judge Thursday to grant final approval to a $9 million settlement with Samsung, HTC and other mobile manufacturers that could benefit around 57,000 consumers in multidistrict litigation alleging software employed by the companies illegally collected user data.

  • June 24, 2016

    Mayer Brown Escapes Class Action Over $1.5B GM Loan

    An Illinois federal judge has tossed a consolidated proposed class action in which 400 lenders accused Mayer Brown LLP of legal malpractice and negligent misrepresentation over a filing error in a $1.5 billion bankruptcy loan to its client General Motors LLC.

  • June 24, 2016

    Drivers Blast Ariz. Sheriff's Challenge To Court Authority

    Drivers accusing Maricopa County's sheriff of racial profiling urged an Arizona federal court on Thursday to reject the sheriff's challenge to the court's ability to fix his internal affairs practices that have constitutionally harmed the drivers, calling his arguments unavailing.

  • June 24, 2016

    Humpty Dumpty Falls Into Costco Hepatitis Berries Suit

    Consumers alleging Costco frozen berries exposed thousands to hepatitis A cited an unusual legal authority Thursday in urging a California federal judge to let some class representatives be deposed by video, quoting a Humpty Dumpty rhyme as written by Lewis Carroll.

  • June 24, 2016

    Riddell Says No Need For NFL Discovery Yet In False Ad Suit

    Football helmet maker Riddell Inc. told a New Jersey federal court Thursday that consumers claiming the helmets were falsely advertised need not subpoena the NFL and its former concussion expert since the information is unnecessary for their class certification bid.

  • June 24, 2016

    VW Investors Lose Bid To Lift Evidence Pause In MDL

    In multidistrict litigation stemming from Volkswagen AG’s emissions-cheating scandal, a proposed class of investors who claim the automaker defrauded them is not prejudiced by a discovery pause, even while other involved parties negotiate settlements, a California federal judge found Thursday.

  • June 24, 2016

    Ky. Strip Club Slapped By Dancer Classification, Wage Suit

    Three exotic dancers filed a proposed class action in Kentucky federal court Thursday accusing a Louisville strip club and its owners of misclassifying them as independent contractors and failing to pay minimum wage in violation of state and federal labor laws.

  • June 24, 2016

    Stoel Rives Says Tri-Med Ponzi Row Must Stay Federal

    Stoel Rives LLP fought efforts to remand a Florida federal suit accusing the law firm of assisting with Tri-Med Corp.'s $17 million Ponzi scheme, arguing Thursday that removal from state court was proper under the Class Action Fairness Act.

  • June 24, 2016

    Pfizer Seeks Escape From Lipitor Diabetes MDL Claims

    Looking to end claims that its cholesterol drug Lipitor causes Type 2 diabetes, Pfizer on Friday told a South Carolina federal judge overseeing the multidistrict litigation that all the consumers lack admissible expert testimony proving that the drug specifically caused the disease.

  • June 24, 2016

    Petrobras’ Bid To Delay Shareholder Suit Denied

    A New York federal judge on Friday denied Petroleo Brasileiro SA’s bid to pause shareholder litigation claiming the Brazilian oil giant concealed billions of dollars in bribes and kickbacks for years, as the Second Circuit reviews its class certification challenge.

  • June 24, 2016

    Centene Inks $4.5M Deal In Nurse OT Row

    Centene Management Co. has reached a $4.5 million settlement with group of nurses who accused the health care company of failing to pay them millions of dollars in overtime, the parties told a Washington federal court on Thursday.

  • June 24, 2016

    LaMi Products Agrees To Settle FLSA Suit For $1.5M

    A proposed settlement in a Pennsylvania putative class action will distribute $1.5 million to employees of merchandiser LaMi Products LLC, who say that they were denied overtime pay in violation of the Fair Labor Standards Act, according to a proposed settlement order filed on Thursday.

  • June 24, 2016

    Black Homeowners Want Morgan Stanley Class Action Revived

    A proposed class of black Detroit homeowners asked the Second Circuit Friday to resurrect their lawsuit, claiming the group's commonality and arguing that Morgan Stanley pushed a defunct subprime lender to provide risky loans to black borrowers and had profited off the debt’s securitization.

  • June 24, 2016

    Hyundai Mostly Loses Bid To Dismiss Shattering Sunroofs Suit

    A proposed class of vehicle owners can proceed on some fraud-based claims alleging Hyundai hid from them a defect that caused some vehicles’ panoramic sunroofs to spontaneously shatter, a California federal judge ruled Friday, though the California consumer protection law and unfair profit claims were nixed for now.

  • June 24, 2016

    Chase Will Pay $3.75M To Settle Wrong Number TCPA Spat

    JPMorgan Chase Bank NA has agreed to pay $3.75 million to resolve a proposed class action in Florida federal court alleging the bank autodialed cellphone numbers that were reassigned from former customers to new users who hadn’t agreed to receive calls, according to a Friday filing.

  • June 24, 2016

    Chrysler Demands Solicitation Docs In Drivers' Steering Action

    Fiat Chrysler asked a California federal court Thursday to force an automotive data provider to hand over documents related to efforts to solicit drivers to participate in a proposed class action over an alleged defect causing wobbly steering in some Dodge trucks.

  • June 24, 2016

    Paul Mitchell Students Urge Calif. Court To Save Wage Suit

    A putative class of cosmetology students who allege John Paul Mitchell Systems and various affiliates stiffed them on wages because they were actually performing as workers urged a California federal court on Thursday not to toss their suit.

Expert Analysis

  • Why Class Defendants Should Consider Venue Transfers

    Cathy Moses

    Class action defendants litigating in an inconvenient forum should consider presenting arguments in favor of transferring the action to another venue, as a successful venue motion can deflate some momentum that the class might appear to have at the outset of the case, says Cathy Moses at Irell & Manella LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Post-Tyson, Defendants Should Play Offense In Discovery

    Trischa Snyder Chapman

    Following the U.S. Supreme Court’s ruling in Tyson Foods v. Bouaphakeo, defendants can expect to see an increase in the use of sampling in class action discovery. But defendants need not take such discovery lying down. Rather, they should consider taking the offensive and use sampling to defeat class allegations, says Trischa Snyder Chapman at BakerHostetler.

  • Standards For 3rd-Party Liability Diverge Under TCPA

    Lewis S. Wiener

    Two recent cases decided by the Sixth and Seventh Circuits illustrate a potential circuit split regarding third-party fax liability under the Telephone Consumer Protection Act, and the potential disparity between the legal standards applied to telephone calls and faxes, say attorneys with Sutherland Asbill & Brennan LLP.

  • FDA Delay Of Drug Labeling Rule Is Bad News For Plaintiffs

    Stefanie Colella-Walsh

    The delay, for the third time, of the U.S. Food and Drug Administration's new prescription drug labeling rule means that plaintiffs injured by generic drugs are essentially prohibited from seeking or receiving compensation for their injuries, say Stefanie Colella-Walsh and Martin Schrama at Stark & Stark.

  • FLSA Class Actions: Working 9 To 5 — And Proving It

    Anne Bentley McCray

    Class actions under the Fair Labor Standards Act often propound burdensome discovery requests seeking employee login and logoff records. With any luck, the new language in the Federal Rules of Civil Procedure will help FLSA defendants fend off such requests or, at a minimum, enable them to successfully negotiate a sampling approach for certain sets of data, say Anne Bentley McCray and Chelli Robinson at McGuireWoods LLP.

  • 'Taking My Talents To South Beach': Law Firm Version

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    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • Your 401(k) Plan: A Ticking Time Bomb Of Liability?

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    No one understands the concept and obligations of “fiduciary duty” better than legal professionals — and yet, many law firm partners and principals may be overlooking a significant source of liability in their practices, says Tom Zgainer, CEO and founder of America’s Best 401k.

  • Auto Dealers Need Another Route For Service Advisers

    Michael A. Hepburn

    The U.S. Supreme Court’s ruling in Navarro v. Encino Motorcars left overtime eligibility in limbo for 45,000 service advisers. Anticipating a final ruling on Navarro and the upcoming Fair Labor Standards Act salary changes for other dealership employees, dealers can prepare now to minimize liability for service advisers by evaluating compensation and hours for these essential team members, say attorneys at Sutherland Asbill & Brennan LLP.