Class Action

  • January 23, 2015

    LA County, Medical Billing Co. Off Hook For Stolen Records

    A California judge on Friday said she would dismiss a putative class action alleging that Los Angeles County and a medical billing contractor's negligence led to patients’ medical records being stolen, saying the plaintiffs need to support their allegation that medical information was actually exposed.

  • January 23, 2015

    Kaiser Can't Duck Calif. Home Care Nurses' Wage Row

    A California judge on Friday rejected Kaiser Foundation Hospitals’ bid for a quick win in a putative class action alleging the company pressured unionized home care nurses to underreport their hours worked, rejecting Kaiser’s argument that the dispute should be handled by the plaintiff's union.

  • January 23, 2015

    Google Ruling Won't End Video Privacy Class Actions

    A New Jersey federal judge's recent dismissal of Video Privacy Protection Act claims against Google Inc. and Viacom Inc. is likely to provide relief to companies that collect information that can't be directly linked to their users, but it won't stop plaintiffs from wielding the privacy statute to go after businesses that take steps to attach an identity to the data they have collected.

  • January 23, 2015

    Nexium Ruling Offers Road Map For Pay-For-Delay Classes

    The First Circuit's decision to uphold class certification in the Nexium pay-for-delay litigation despite the presence of some uninjured members in the group may be a hollow victory for the heartburn-drug purchasers after their recent loss at trial, but the ruling offers a boost for other plaintiffs as a bevy of antitrust class actions over pharmaceutical patent settlements forge ahead.

  • January 23, 2015

    Wash. Farm Can't Escape Underpayment Class Action

    A Washington federal judge on Friday kept alive a putative class action alleging a southeastern Washington farm failed to inform local farm workers about the availability of higher-paying H-2A visa vineyard jobs, saying there are genuine disputes of fact in the case.

  • January 23, 2015

    Human Egg Donors Near Cert. Of Antitrust Class In Pay Row

    A California federal judge said Friday he would likely certify a class of human egg donors on the issue of whether an agreement among members of the American Society for Reproductive Medicine to cap compensation to those donors violated the Sherman Act.

  • January 23, 2015

    Dow Jones Beats Privacy Suit Over On-Demand Video IDs

    A Georgia federal judge on Friday nixed a proposed class action claiming Dow Jones & Co. violated the Video Privacy Protection Act by collecting and sharing consumers' data, saying that the machine serial numbers it gathered aren't personally identifiable information.

  • January 23, 2015

    Effexor Buyers To Join 3rd Circ. Appeal Against Wyeth, Teva

    A class of direct purchasers of antidepressant Effexor XR on Friday notified a New Jersey federal judge that they plan a Third-Circuit appeal of his decision to dismiss their claim against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for the drug, a week after a number of other Effexor buyers announced a similar intent to appeal.

  • January 23, 2015

    Class Action Targets GovSimplified For Deceptive Practices

    GovSimplified LLC, an online customer service specialist, was hit with a putative class action in Florida state court Wednesday for allegedly deceiving consumers into thinking it was a government website and charging a premium price for something site visitors could otherwise obtain for free.

  • January 23, 2015

    Cablevision Brass Urges Chancery To Toss 'Nepotism' Claims

    Cablevision Systems Corp. brass asked the Delaware Chancery Court on Friday to throw out a derivate lawsuit alleging that the company’s stock value has been diluted by "nepotism run amok" from the controlling Dolan family, arguing that the suing shareholder has no support for any of his claims.

  • January 23, 2015

    Feds Say BP, Anadarko Can Handle Max Deepwater Penalties

    The federal government on Friday wrapped up its case against BP Exploration and Production Inc. and Anadarko Petroleum Corp. in the penalty phase trial over the Deepwater Horizon disaster, closing with testimony that the companies won’t suffer long-term harm if they’re hit with the maximum penalties.

  • January 23, 2015

    Goldman, Other Banks Sued Over Metals Benchmark Rigging

    Goldman Sachs Group Inc. and others have been hit with numerous claims by metals investors in New York federal court saying they used insider information to rig prices in metals markets, in the latest shareholder class action over alleged price-fixing in the commodities markets.

  • January 23, 2015

    Class Action Group of the Year: Dentons

    Dentons attorneys defeated a proposed $1 billion class action against Lincoln Benefit Life Co. that challenged its calculation of life insurance rates and beat class certification in a securities fraud suit against Genworth Financial Wealth Management Inc., earning the firm a spot among Law360’s Class Action Groups of the Year.

  • January 23, 2015

    7th Circ. Urged To Revive Neiman Marcus Data Breach Suit

    Several Neiman Marcus Group LLC customers on Friday pressed the Seventh Circuit to resurrect their proposed class action alleging the luxury department store chain’s lax data security led to a 2013 hack that compromised the credit card numbers of 350,000 shoppers, finding a receptive audience to their cause on the appeals panel.

  • January 23, 2015

    Hulu Viewers Say Actual Knowledge Preserves Privacy Claims

    Consumers pursuing a class action accusing Hulu LLC of illegally sharing their personal data fired back at the video streaming service on Thursday, urging a California federal judge to preserve their remaining claims because Hulu had actual knowledge the information would be disclosed to Facebook Inc.

  • January 23, 2015

    HP Takes 4th Crack At Deal In Autonomy Buy Shareholder Suit

    Hewlett Packard Co. took a fourth shot at settling a shareholder derivative suit over HP's disastrous $11.1 billion Autonomy Corp. acquisition, telling a California federal judge on Thursday that it had limited the claims that would be released and made changes to reflect its corporate split.

  • January 23, 2015

    Kaiser Hit With Suit Over Doctor's Alleged Sexual Assaults

    Kaiser Permanente is under fire from three former health plan participants who allege in a putative class action filed in California state court Thursday that they were sexually harassed by a former doctor working out of a Kaiser facility.

  • January 23, 2015

    Class Action Removal Appeal Advances After Justices' Ruling

    The Tenth Circuit on Thursday said an energy company could appeal a lower court ruling that refused to transfer a multimillion-dollar royalty dispute from state to federal court, after the U.S. Supreme Court ruled last month that the appeals court abused its discretion in declining to hear the case.

  • January 23, 2015

    J&J Fraud Claims Fall Flat In Mesh MDL, Plaintiffs Attys Say

    A Johnson & Johnson request for additional discovery to ferret out fraudulent lawsuits is nothing more than a delaying tactic, plaintiffs’ attorneys in transvaginal mesh multidistrict litigation said Thursday, arguing the company has offered no proof they were involved in illegal plaintiff solicitation.

  • January 23, 2015

    5-Hour Energy Makers Can't Dump False Ad MDL

    A California federal judge on Thursday again trimmed an amended class suit accusing the makers of 5-Hour Energy drinks of false advertising, finally tossing the plaintiffs' fraud-based claims about the products' television advertisements and state claims asserting breaches of warranty but allowing certain other warranty claims to proceed.

Expert Analysis

  • An Underused Arsenal Of Securities Suit Defenses

    Jonathan W. Hackbarth

    Both case law and academic studies indicate that 20 years after its enactment, the Private Securities Litigation Reform Act is not being used as zealously as either Congress intended or its provisions allow. Given the chilling effect that the PSLRA’s mandatory Rule 11 review should have on frivolous securities lawsuits, why isn’t this provision more frequently invoked? asks Jonathan Hackbarth of Quarles & Brady LLP.

  • 5 TCPA Lawsuits Of Note In 2014

    Francis Cyriac

    Last year was an iconic one for class actions involving Telephone Consumer Protection Act violations and there is no sign 2015 will be any different. To avoid TCPA lawsuits, companies should equip themselves with an intelligent predictive dialer integrated with their marketing campaigns that filters out numbers listed in the Do Not Call Registry, says Francis Cyriac of Texo.cc.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Gelboim Does Little To Limit MDL Court Appeals Discretion

    Adam T. Schramek

    While the U.S. Supreme Court’s Gelboim v. Bank of America ruling is an important one in multidistrict litigation jurisprudence, it ultimately does little to impinge on the wide discretion MDL courts have in deciding what gets appealed and when. District courts continue to possess the tools needed to avoid final judgments during pretrial MDL proceedings, say Adam Schramek and Eric Hoffman of Norton Rose Fulbright US LLP.

  • 8th Circ. Continues Trend Of Rigorous Rule 23 Analysis

    David Carpenter

    The Eighth Circuit’s recent opinion in Powers v. Credit Management Services Inc. is consistent with a recent trend of requiring a more thorough Rule 23 analysis from trial courts and plaintiffs in class actions — a trend that started with the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes ruling, say David Carpenter and Amanda Waide of Alston & Bird LLP.

  • Can Silence Keep You Safe? New Debate On 10b-5 Liability

    Michael Eisenkraft

    The Second Circuit’s decision in Stratte-McClure v. Morgan Stanley eliminates the ability of a company, when facing a known material trend or uncertainty, to escape liability under Rule 10b-5 by not saying anything. The dramatic consequences of the resulting split with the Ninth Circuit makes it likely that the U.S. Supreme Court will step in, says Michael Eisenkraft of Cohen Milstein Sellers & Toll PLLC.

  • Statutory Compliance In Calif. Just Got More Technical

    Scott M. Pearson

    While Flannery v. VW Credit Inc. applies to a narrow issue concerning California’s Vehicle Leasing Act, consumer lawyers are more likely to challenge even the most technical and inconsequential statutory violations — and they are more likely to prevail in light of Flannery, say Scott Pearson and Joseph Escarez of Seyfarth Shaw LLP.

  • Whirlpool Case Is Instructive Of Rule 23(a) Requirements

    Ruben F. Reyna

    Day v. Whirlpool Corp. underscores the importance of Rule 23(a) criteria for class certification and the rigorous analysis district courts will undertake when certification is sought for settlement. Since movants made short shrift of numerosity and adequate representation, they failed to satisfy Rule 23(a) requirements, says Ruben Reyna of Sedgwick LLP.

  • The Top 10 D&O Stories Of 2014

    Kevin M. LaCroix

    Many of last year’s key events represented significant changes in the directors and officers liability environment — the rise of jumbo derivative lawsuit settlements, cybersecurity emerging as a D&O liability concern and the surge of initial public offering-related securities litigation, among others. In addition, there are many pending issues that will only be resolved as 2015 unfolds, says Kevin LaCroix of RT ProExec.

  • How To Fix FLSA For Both Employees And Employers

    Michael S. Kun

    The Fair Labor Standards Act generally doesn’t permit employees and employers to resolve wage disputes short of litigation or agency complaints. There is no good reason why employees can be trusted to resolve other employment disputes without litigation or an agency complaint but can't be trusted to do so with regard to wage claims, says Michael Kun of Epstein Becker & Green PC.