Class Action

  • February 12, 2016

    Feds See No Reason For Cases Challenging Spy Program

    The Department of Justice asked a D.C. federal judge Friday to pare three cases from a challenge to the constitutionality of the National Security Agency’s metadata collection programs, arguing a current appeal deals with most of the issues.

  • February 12, 2016

    Nobel Tells 9th Circ. To Nix $2.3M Fee Award In Implant Deal

    Nobel Biocare Holding AG on Friday urged the Ninth Circuit to vacate a $2.3 million fee award to plaintiffs’ attorneys in its settlement of a class action alleging Nobel sold defective dental implants, arguing the presiding judge improperly looked at “secret evidence” to determine the award.

  • February 12, 2016

    Navient Hid Compliance Failures From Investors, Suit Says

    Navient Corp. misled investors to believe that its loan services complied with federal regulations, causing shares to fall after the Consumer Financial Protection Bureau and Hillary Clinton raised red flags, a proposed investor class alleged in Delaware federal court on Thursday.

  • February 12, 2016

    Ariz. Traffic Stops Plaintiffs Ask 9th Circ. For More Fees

    The plaintiffs who were granted attorneys’ fees in a suit accusing Sheriff Joe Arpaio and the Maricopa County, Arizona, Sheriff's Office of conducting racially motivated traffic stops to inquire about the drivers' immigration status sought more fees Thursday for what they spent to seek the original set of fees.

  • February 12, 2016

    Morgan & Morgan Overtime Deal Needs My OK, Judge Says

    A Georgia federal judge on Friday said a proposed collective action that accuses law firm Morgan & Morgan PLLC of misclassifying its case managers as exempt from overtime pay in violation of the Fair Labor Standards Act cannot be settled without judicial approval.

  • February 12, 2016

    Toyota Escapes Proposed Class Action Over RAV4 Oil Use

    An Illinois federal judge on Friday dismissed a couple’s proposed class action claiming that their new Toyota vehicle contained a defect that caused it to use excessive oil, saying that because the relief they sought was actually already available to them through Toyota’s warranty program, he lacked jurisdiction.

  • February 12, 2016

    Dave & Busters Hit With Background Check Class Action

    Dave & Buster’s moved a proposed class action to Florida federal court on Friday that accuses the restaurant and entertainment chain of using background checks to make employment decisions without sharing the findings with workers or applicants in violation of the Fair Credit Reporting Act.

  • February 12, 2016

    Air Cargo Class Says Deals Exclude Freight Forwarder Users

    Direct purchasers of air cargo shipping services said Thursday that 66 companies including DuPont and Sears cannot claim funds from a series of antitrust settlements in New York federal court because the deals excluded claimants who made their purchases through freight forwarders.

  • February 12, 2016

    GSK Shakes Diabetes Drug Row At 3rd Circ.

    GlaxoSmithKline on Friday shook a Missouri woman’s proposed class action accusing the pharmaceutical company of concealing dangerous side effects of its diabetes drug Avandia when the Third Circuit found the woman hadn’t been harmed by taking the drug.

  • February 12, 2016

    BofA Accused Of Failing To Release Mortgage Liens

    Bank of America NA has intentionally and systematically failed to release mortgage liens filed against its borrowers’ property, even when the borrowers repaid everything they owed, creating a “continuing cloud” on affected property titles, according to a putative class action filed Friday in Illinois federal court.

  • February 12, 2016

    Argentina Targets Injunctions In Debt Settlement Talks

    Argentina creditors holding claims and legal judgments over the republic’s 2001 debt default will have until Feb. 18 to explain why a court injunction limiting the country’s ability to pay individual investors shouldn’t be lifted in light of the country’s $6.5 billion settlement offer, a New York federal judge ordered Thursday.

  • February 12, 2016

    FanDuel Says Terms Demand Arbitration in False Ad Suit

    FanDuel urged a California federal court on Thursday to enforce the arbitration provision of its terms of use in a proposed class action accusing the daily fantasy sports operator of making false promises about matching customer buy-ins, saying it’s not the company’s fault the players didn’t read the terms.

  • February 12, 2016

    Groupon Floats $45M Settlement In Shareholder Suit

    Investors who sued Groupon in Illinois federal court for allegedly inflating the price of its 2011 initial public offering have reached a proposed $45 million settlement with the online deals site, their attorneys announced Friday.

  • February 12, 2016

    UNC Denied State Immunity In Duke Hiring Conspiracy Suit

    A North Carolina federal judge on Friday refused to automatically grant the University of North Carolina immunity in a potential class action accusing Duke University and a UNC administrator of suppressing wages through illegal hiring agreements in the universities’ medical schools, which would have led to the dismissal of a case.

  • February 12, 2016

    Apple Hit With Class Action Over Dead 'Error 53' IPhones

    Apple Inc. was slammed with a putative class action in California federal court on Friday by five iPhone owners who allege that their smartphones were, without warning, turned into paperweights by the infamous “Error 53” affecting iPhones with replaced or damaged thumbprint sensors.

  • February 12, 2016

    Driver In Ignition Switch MDL Says New GM Made Her Car

    A Louisiana driver suing General Motors LLC as part of the sprawling multidistrict litigation over defective ignition switches says the company is still considered the manufacturer of her faulty car under Louisiana state law, despite its attempt to skirt her allegations by contending its pre-bankruptcy predecessor was the maker.

  • February 12, 2016

    Rams Take Fan Suit Over LA Move To Federal Court

    The soon-to-be Los Angeles Rams have removed to Missouri federal court a proposed class action over the team's move from St. Louis, arguing that the tickets, merchandise and concessions purchased by fans allegedly under the impression the team would stay exceed minimum requirements for federal jurisdiction.

  • February 12, 2016

    7th Circ. Mulls Class Waivers In Employee's OT Suit

    The Seventh Circuit was asked to weigh in Friday on the hot-button issue of class waivers in arbitration agreements, with the National Labor Relations Board urging the appellate court to prevent a health care software company from blocking its employees from bringing unpaid overtime claims as a class.

  • February 12, 2016

    Superfish Settles Spyware Claims For $1M In Lenovo MDL

    Superfish agreed in California federal court on Thursday to pay $1 million to settle consumers’ accusations that the company spied on them with software that came preloaded on their Lenovo computers in order to present them with targeted online ads.

  • February 12, 2016

    Gawker Says 2nd Circ. Intern Change Doesn't Help Wage Row

    Gawker said Thursday its arguments against a proposed class action from former interns who claim they should have been paid for revenue-producing content still hold true, even after recent changes the Second Circuit made to its landmark ruling on unpaid internships.

Expert Analysis

  • Additional Thoughts On Class Plaintiff 'Pick-Offs'

    Fred T. Isquith

    There are those who have suggested that the U.S. Supreme Court in Campbell-Ewald v. Gomez left plenty of room for a defendant to “pick off” a plaintiff. Not so, according to Eastern District of New York Judge Sandra Feuerstein's decision in Brady v. Basic Research, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • Right Of Publicity Challenges In The Land Of Lincoln

    J. Michael Keyes

    In the most recent challenge against Avvo.com — a Seattle-based lawyer information and rating site — an Illinois attorney alleges that her own, and other lawyers', rights of publicity have been violated. However, if past court rulings are indicative of future results, her class action faces some pretty long odds, says J. Michael Keyes, a partner at Dorsey & Whitney LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • Subrogation Claims Aren't 'Consumer Debts' Under Fla. Law

    Bohn_Elizabeth_CarltonFields.jpg

    Property and casualty insurers using collection agencies to collect subrogation claims in Florida can now cite a Florida district court case to insulate them from consumer claims based on collection activities of their agencies, says Elizabeth Bohn at Carlton Fields.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Rodeo Associations Fail To Rein In Each Other In Round 1

    Bruce D. Sokler

    Last week, a Texas federal court denied the Elite Rodeo Association’s preliminary injunction motion to block the enforcement of the Professional Rodeo Cowboys Association's bylaws, and also denied the PRCA’s motion to dismiss on the ERA’s Section 2 claim. In reaching that conclusion, the court had to address and distinguish a host of arguably applicable sports antitrust cases, say Bruce Sokler and Farrah Short of Mintz Levin Cohn F... (continued)

  • Litigation In The Marijuana Industry Lights Up

    Abby Sacunas

    The country’s first marijuana products liability class action hit Colorado state court in October, alleging that LivWell Inc. used a pesticide on their plants not approved for use on tobacco products — but while it may be tempting to consider cannabis products in conjunction with tobacco products, the industries are at very different stages of regulation and development, say Abby Sacunas and Leigh Ann Benson at Cozen O’Connor.

  • 9th Circ. Muddies Loss Causation

    William F. Sullivan

    The Ninth Circuit in Jacksonville Police and Fire Pension Fund v. CVB Financial added another wrinkle to the determination of whether and when the public disclosure of an internal investigation or a government subpoena establishes loss causation under the federal securities laws, say attorneys with Paul Hastings LLP.

  • Plaintiffs Face High Class Cert. Bar In Antitrust Cases

    Olivia Jennings Adendorff

    In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.