Class Action

  • October 30, 2014

    BREAKING: Jury Vindicates Whirlpool In Moldy Washer Trial

    An Ohio federal jury on Thursday freed Whirlpool Corp. from allegations in a long-running class action that some of its washer models contained a defect that could produce foul-smelling mold, finding that the washers were not negligently designed.

  • October 30, 2014

    Jersey Mike’s Owner Is Slicing Into Overtime Pay, Suit Says

    A Florida franchisee of several Jersey Mike’s Franchise Systems Inc. sub shops was hit with a putative class action Wednesday accusing him of evading federal overtime regulations by splitting up employees’ hours across his nine stores.

  • October 29, 2014

    Chancery Nixes $3.1M Bid For Fees In TPC Shareholder Suit

    A Delaware Chancery Court judge on Wednesday rejected a $3.1 million fee request from law firms representing TPC Group Inc. investors who challenged an announced buyout of the petrochemical product maker, finding the shareholder class action did not lead to an eventual $79 million price bump.

  • October 29, 2014

    HSBC Gets Final OK For $32M Deal Over Force-Placed Policies

    A Florida federal judge on Wednesday granted final approval to HSBC Bank USA NA and three insurers' $32 million settlement of a class action accusing them of overcharging more than 250,000 homeowners for force-placed insurance, overcoming earlier concerns to okay the deal.

  • October 29, 2014

    Calif. Court Cites Iskanian, Sends OT Row To Arbitration

    A California appeals court on Wednesday sent to arbitration a class action accusing Fred Loya Insurance Agency Inc. of shorting employees on minimum wage and overtime pay, reversing a lower court’s refusal to do so following the California Supreme Court’s landmark Iskanian decision.

  • October 29, 2014

    Class Slams Ford's Sanctions Bid In Acceleration Defect Row

    A putative class suing Ford Motor Co. over alleged unintended acceleration defects argued Tuesday in West Virginia federal court that the automaker can’t sanction the plaintiffs for not turning over some of their vehicles for inspection, while Ford urged the court to require them to comply with discovery requests that same day.

  • October 29, 2014

    Calif. Panel OKs $6M Fee Award In Robert Half Settlement

    A California appeals court on Wednesday affirmed a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement, ruling that a trial court did not err in using a percentage, instead of a lodestar, to calculate the award.

  • October 29, 2014

    High Court Review Looms As NLRB Digs In On Horton

    The National Labor Relations Board doubled down on its heavily contested D.R. Horton decision Tuesday, calling arbitration agreements barring employee class actions unlawful and solidifying a split with federal courts that attorneys say will have to be resolved by the U.S. Supreme Court.

  • October 29, 2014

    Apple Can’t Use Jobs’ Cancer Fight In ITunes Antitrust Trial

    The California federal judge presiding over an upcoming class action trial accusing Apple Inc. of monopolizing the market on digital music ruled Wednesday that Apple couldn't pull the jury’s heartstrings by saying co-founder Steve Jobs died of cancer, and discouraged the tech titan from calling Jobs a “visionary.”

  • October 29, 2014

    Lands' End The Latest Retailer To Face 'Made In USA' Suit

    Clothing retailer Lands' End Inc. on Wednesday became the latest merchant to be hit with a proposed class action accusing the company of labeling foreign-made apparel as produced in the U.S., a tactic that a California consumer alleges has allowed the business to sell items at a higher price.

  • October 29, 2014

    2nd Circ. Says $211M In Borders Gift Cards Still Worthless

    The Second Circuit on Wednesday upheld a dismissal of appeals by customers seeking refunds for unredeemed gift cards they hold from bankrupt book retailer Borders Group Inc., saying the $210.5 million in claims were moot because they were filed after the liquidation plan was "substantially consummated."

  • October 29, 2014

    Coca-Cola To Pay $750K To Settle Calif. Wage-And-Hour Suit

    The Coca-Cola Co. on Tuesday agreed to pay $750,000 to a putative class of customer service technicians, urging a California federal court to preliminarily approve a settlement that would resolve allegations that it stiffed the workers on pay for commute time, vacations and expense reimbursements.

  • October 29, 2014

    Teva Tells 3rd Circ. Other Rulings Back Lamictal Dismissal

    Teva Pharmaceutical Industries Ltd. urged the Third Circuit on Tuesday not to revive a suit over a no-authorized-generic deal between the company and GlaxoSmithKline PLC regarding Lamictal, claiming that dismissals in other antitrust cases support the notion that the U.S. Supreme Court’s Actavis ruling has limited reach.

  • October 29, 2014

    Quicken Fails To Disconnect Claims Of Secret Call Recordings

    A California federal judge on Tuesday wouldn’t let Quicken Loans Inc. skirt a proposed class action accusing the lender of surreptitiously recording sales calls to prospective customers, rejecting the lender’s arguments that the state’s Invasion of Privacy Act was ambiguous or overbroad.

  • October 29, 2014

    Exxon Can’t Keep Spill Docs Confidential, Landowners Say

    A class of landowners suing ExxonMobil Pipeline Co. over the 2013 Pegasus pipeline rupture in Mayflower, Arkansas, told a federal judge that the oil giant’s claim that evidence relating to the pipeline’s maintenance and repair should be confidential has no basis in law.

  • October 29, 2014

    Wells Fargo Must Pay $203M Overdraft Award, 9th Circ. Says

    Wells Fargo Bank NA can't escape a $203 million class action penalty for misrepresenting the way it processed debit cards in order to maximize overdraft fees, a Ninth Circuit panel ruled Wednesday, saying the bank's false statements support the lower court's decision.

  • October 29, 2014

    Vinson & Elkins Nabs Litigators From Fenwick, Morgan Lewis

    Vinson & Elkins LLP brought in a former Fenwick & West LLP patent and technology litigator and a former Morgan Lewis & Bockius LLP attorney with experience litigating products liability, environmental and class action cases, the firm said Tuesday.

  • October 29, 2014

    Tepco Can't Escape Sailors' $1B Fukushima Suit

    A California federal judge on Tuesday preserved a $1 billion class action against Tokyo Electric Power Co. brought by a group of U.S. Navy rescue personnel alleging exposure to nuclear radiation from the Fukushima power plant, ruling the court has subject-matter jurisdiction over the case.

  • October 29, 2014

    Conciliation Not Open To Review, EEOC Tells High Court

    The U.S. Equal Opportunity Employment Commission has told the U.S. Supreme Court to uphold a Seventh Circuit decision forbidding courts from second-guessing the agency's required efforts to conciliate bias claims before suing employers, saying Congress never intended for such reviews.

  • October 29, 2014

    NLRB Doubles Down On D.R. Horton In Murphy Oil Fight

    The National Labor Relations Board said Tuesday that gas station chain Murphy Oil USA Inc.'s arbitration agreements barring workers from pursuing class actions were unlawful, reaffirming its D.R. Horton ruling despite a dissent accusing the NLRB of failing to heed "clear instructions" from the U.S. Supreme Court.

Expert Analysis

  • 7 Ways Retailers Can Dodge An ADA Class Action Bullet

    Kimberly Reindl

    Even if the U.S. Department of Justice takes another year to adopt specific rules governing how websites can comply with the Americans with Disabilities Act, the threat of potential class actions against retailers favors advance planning now — the foremost advantage being companies will be better positioned to negotiate a settlement knowing they have a plan and date in place for remediation efforts, say Selena Linde and Kimberly Re... (continued)

  • 2 New Cases Temper Post-Halliburton Expectations

    John E. Clabby

    After the U.S. Supreme Court ruled in Halliburton Co. v. Erica P. John Fund, securities fraud defense counsel understand that they have received a new weapon, namely an earlier opportunity to show that the alleged misstatement had no impact on stock price and, thereby, to scuttle a complaint before motions for summary judgment. But two recent cases have tempered expectations as to this new weapon’s power, says John Clabby, of couns... (continued)

  • Automakers Should Not Be Held Strictly Liable For V2V Hacks

    Todd B. Bernoff

    Strict liability was initially used to spur the auto industry to develop safer vehicles. And it worked. But that incentive is not necessary in the case of hacking vehicle-to-vehicle communication systems, for a number of reasons, says Todd Bernoff of Alston & Bird LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • A Look At The First Ebola-Related Securities Lawsuit

    Kevin M. LaCroix

    It is obvious that there is a segment of the investment marketplace convinced there is money to be made out of the Ebola outbreak by trying to pick the winners on the Ebola drug derby. Among the companies that got caught up in the frenzy was iBio Inc., says Kevin LaCroix of RT ProExec.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • That’s Your Defense To Price-Fixing?

    Joseph Ostoyich

    Over the past few months, class action plaintiffs lawyers have responded to articles we wrote regarding a common practice that looks a lot like price-fixing of fees among class plaintiffs law firms in antitrust cases. But we have still not heard a strong defense, say attorneys with Baker Botts LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.