Class Action

  • May 23, 2016

    Spotify's Class Communications Off-Limits In $150M IP Row

    A California federal judge overseeing David Lowery’s $150 million putative copyright class action against Spotify denied the rocker access to the music streamer’s communications with possible class members who may be eligible for a settlement negotiated by the National Music Publishers Association.

  • May 23, 2016

    DHL To Pay $1.45M To End Workers' Unpaid Wages Suit

    DHL Express (USA) Inc. has agreed to pay $1.45 million to settle a class action accusing the logistics company of underpaying workers by reporting inaccurate time and wage statements, according to a filing in California federal court Monday.

  • May 23, 2016

    Atty Must Justify $540K Fees In VitalSpring Investor Suit

    A Delaware judge sought answers Monday for an unprecedented $540,000 interim attorney fee award in a still-pending case that saw shareholder Marvin Smollar win tentative corporate governance reforms for Shreedhar V. Potarazu's VitalSpring Technologies Inc., a health care data company that had never held an annual meeting.

  • May 23, 2016

    AutoZone's $5.7M Deal In Credit Check Suit Gets Tentative OK

    A California federal judge on Monday tentatively approved AutoZone's agreement to pay $5.7 million to end claims the company illegally ran credit checks on 200,000 prospective employees, saying she would likely sign off on the deal after reviewing the parties' revised class notice period.

  • May 23, 2016

    Loan Officers Get Conditional Cert. In FLSA Suit

    A New York magistrate judge on Friday granted conditional collective certification to a group of loan officers alleging their employer, the Federal Savings Bank, failed to pay minimum and overtime wages, finding the nationwide employees are linked by a common policy.

  • May 23, 2016

    Car Cos. Can't Have Takata MDL Atty Pacts: Special Master

    The special master in multidistrict litigation over potentially explosive Takata air bags recommended in Florida federal court Monday that representatives for the proposed class shouldn’t be required to turn over their engagement agreements with attorneys, saying automakers haven’t alleged that the lawyers have done anything wrong.

  • May 23, 2016

    Fla. City Brings Water Chemical Price-Fixing Class Action

    The city of Homestead, Florida, has been added to a growing list of purchasers bringing suit against several companies over an alleged price-fixing and bid-rigging conspiracy for liquid aluminum sulfate, a water-treatment chemical, filing a proposed class action Friday on behalf of indirect purchasers in 31 states and Washington, D.C.

  • May 23, 2016

    Microsoft Can't Unplug Xbox Suit At High Court, Gamers Say

    A proposed class of disgruntled gamers saying Microsoft’s Xbox 360 game consoles are defective have told the U.S. Supreme Court that the company wrongly contends the Ninth Circuit didn’t have the jurisdiction to revive their claims, saying dropping their claims counts as an appealable final decision.

  • May 23, 2016

    Toshiba Wields Morrison To Cut Off ADS Holders' Fraud Action

    A California federal judge Friday tossed a proposed class action against Toshiba Corp. over accounting fraud leading to a drop in the price of American depositary shares, saying the U.S. Supreme Court’s Morrison decision puts the claims out of reach of U.S. securities laws.

  • May 23, 2016

    NCAA Takes Another Swing At $75M Concussion Settlement

    A revised settlement in the long-simmering dispute between the NCAA and some of its student-athletes would open the door for injured athletes to sue their colleges, according to a newly released proposal that aims to address shortfalls in the past $75 million settlement plan.

  • May 23, 2016

    Va. Judge Slashes Attys' Fee Request In Dollar Tree OT Suit

    A Virginia federal judge approved $1 million in attorneys' fees for the firms representing Dollar Tree employees in a class action overtime suit, slashing the award from the $1.58 million requested on Friday because the firms failed to provide evidence supporting the hours billed. 

  • May 23, 2016

    Banks Face More Big-Dollar Libor Deals After 2nd Circ. Loss

    Some of the world's biggest banks were dealt a major blow when the Second Circuit on Monday revived litigation alleging they rigged the London Interbank Offered Rate, and experts say that settlements could be in the offing in the decision's wake.

  • May 23, 2016

    Breach Victims Say B&N Wrong On Spokeo's Impact

    A proposed group of book buyers who claim harm from a Barnes & Noble Inc. data breach told an Illinois federal judge Friday the retailer wrongly concludes the U.S. Supreme Court’s recent Spokeo decision supports dismissal for lack of concrete injury, saying the ruling actually cuts the other way.

  • May 23, 2016

    3rd Circ. Says Frack Industry Truckers Not OT Exempt

    The Third Circuit refused Monday to resurrect defenses that two fracking-industry trucking companies have made against their drivers' overtime class action claims, saying the companies failed to prove an interstate commerce exemption to federal labor law protections applied.

  • May 23, 2016

    FDA On The Case, Kind Tells Judge In 'Natural' Label MDL

    Kind LLC told a New York federal judge Monday that the U.S. Food and Drug Administration's work in determining how "all natural" labeling can be used militates for a stay of multidistrict litigation that claim the snack bars are loaded with artificial stuff, but consumers countered the agency process could take years and yield no action.

  • May 23, 2016

    2nd Circ. Affirms Win For Citigroup In Retiree Stock Suit

    The Second Circuit on Monday refused to revive a proposed Employee Retirement Income Security Act class action by Citigroup Inc. pension plan participants who argued the bank failed to pull its own stock from 401(k) plans before the 2008 financial crisis.

  • May 23, 2016

    Justices Order New Look At Verizon Pension Suit Post-Spokeo

    The U.S. Supreme Court on Monday kicked back to the Fifth Circuit an appeal from a class of Verizon Communications Inc. retirees who claim the telecom giant mishandled their pension plans by spending billions to purchase an annuities contract, ordering further consideration in light of its recent Spokeo ruling.

  • May 23, 2016

    Ticketing Website Incurred Excessive Debt, Shareholder Says

    The longtime shareholder of a ticketing website for booking sports and entertainment events on Monday slapped a lawsuit against the online firm’s directors and officers, accusing them of wasting corporate assets and taking on costly loans that could only be repaid with the issuance of equity-diluting stocks and options.

  • May 23, 2016

    Four Firms Named As Co-Lead Counsel In DirecTV NFL MDL

    Attorneys with four firms were appointed as co-lead counsel to the subscribers in a California multidistrict litigation alleging DirecTV’s exclusive NFL Sunday Ticket package violates federal antitrust laws after a judge said Monday Girard Gibbs LLP’s attorney lacks the experience for the role.

  • May 23, 2016

    Railroads' Class Cert. Expert Can Testify In Price-Fixing Row

    Rail shippers failed to block a Harvard economist from testifying at a class certification hearing in a fuel surcharge-fixing suit against rail carriers, when a D.C. federal judge ruled Friday that the shippers opposed his testimony because of his opinions, not his methods.

Expert Analysis

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • Spotlight On Spokeo: Ruling Represents Win For Businesses

    Joseph W. Jacquot

    Regardless of how the Ninth Circuit handles the remanded case, the U.S. Supreme Court’s decision in Spokeo v. Robins places new safeguards against baseless and costly class actions, and will prevent the federal courts from being used by plaintiffs lawyers for actions more appropriately left to the discretion of government enforcers, says Joseph Jacquot, a partner with Foley & Lardner and former deputy attorney general of Florida.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • 'Happy Birthday': Journey To The Public Domain

    Tamara Kurtzman

    With a landmark class action settlement scheduled to be approved next month, the iconic song that has ushered in birthdays of everyone from royalty and presidents to citizens and children alike will — for the first time in over 100 years — undisputedly fall in the public domain. The return of “Happy Birthday to You” to the public domain is unquestionably a resounding victory against ever-increasing false copyright claims, says Tama... (continued)

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • The Back-End Of E-Discovery

    Steve Wilson

    Despite the obvious need for effective e-discovery, many firms still rely on outdated, inefficient methods, such as paying hourly paralegals to conduct manual reviews of case-related electronically stored information. This approach can turn e-discovery into a lengthy, expensive and error-prone process. There are four things firms should look for in an e-discovery solution, says Steve Wilson, vice president of product design at Accusoft.

  • Tracking The Elusive Consumer Data Breach Class Action

    Andrew Phillips

    Following the Seventh Circuit’s recent decision in Lewert v. P.F. Chang's, many commentators quickly pronounced the Seventh Circuit fertile territory for consumer data breach class actions. However, suggesting that such claims will thrive there is a lot like saying the Sasquatch thrives in the Pacific Northwest — the evidence is grainy and inconclusive at best, says Andrew Phillips of McGuireWoods LLP.

  • Regulating Daily Fantasy: Considerations For A Framework

    Marc Zwillinger

    The glare of the spotlight on the daily fantasy sports industry suggests that oversight and regulatory frameworks are necessary to restore the public’s confidence. Massachusetts' attorney general illustrated one approach, and other constructive examples can be found in new laws in Indiana and Virginia. As others consider meaningful approaches, we offer some perspective on what a thoughtful regulatory regime should and should not co... (continued)