Class Action

  • October 20, 2014

    Santander Spares $200M Of Auto Debt To Settle Notice Claims

    A California federal judge on Monday approved Santander Consumer USA's agreement to not collect almost $200 million in outstanding car loan debts in order to settle class action claims that the subsidiary of the Spanish banking behemoth issued faulty notices to borrowers after repossessing their cars.

  • October 20, 2014

    Wyndham Execs Escape Derivative Suit Over Cyberattacks

    A New Jersey federal judge on Monday threw out a Wyndham Worldwide Corp. shareholder's derivative action over a series of security breaches, finding no evidence that Wyndham's Kirkland & Ellis LLP attorneys had a conflict of interest when they advised it to reject shareholder demands.

  • October 20, 2014

    Facebook Seeks Same 2nd Circ. Panel For Investor IPO Spats

    Facebook Inc. asked the Second Circuit on Thursday to have the same merits panel hear appeals of four shareholder derivative suits launched over the social media titan's 2012 initial public offering, saying the suits lob overlapping breach of fiduciary duty allegations against Facebook's directors.

  • October 20, 2014

    How They Won It: Cravath Shores Up Forum Selection Bylaws

    To win a landmark decision in a shareholder challenge to a First Citizens BancShares Inc. merger that strengthened support for forum selection bylaws, Cravath Swaine & Moore LLP attorneys fixated their focus on the Delaware Chancery Court's logic in a related prior ruling, cutting away anything they thought might cloud the issue.

  • October 20, 2014

    GE Can't Escape $5M Omniscan Verdict, 6th Circ. Says

    The Sixth Circuit rejected GE Healthcare Inc.'s bid for a new trial Monday, finding that an Ohio court didn't err after a jury ordered GE to pay $5 million for failing to warn a kidney patient about the health risks of its gadolinium-based contrast agent, Omniscan.

  • October 20, 2014

    Attys Seek OK For Fee Deal In Apple E-Books Antitrust Case

    Attorneys representing Apple Inc. e-book consumers on Friday sought a New York federal judge's approval of a uniquely structured fee award that could net plaintiffs firms as much as $30 million, arguing the payout is warranted because Apple fought counsel aggressively at each step of the antitrust litigation.

  • October 20, 2014

    Amgen, CVS Units Hit With Suit Over Arthritis Drug Shipping

    An Amgen Inc. subsidiary and a CVS Health unit have been hit with a proposed class action in California court alleging that the companies knowingly failing to ensure that the arthritis drug Enbrel was kept at a proper temperature during shipping.

  • October 20, 2014

    Chiropractors Can't Keep Excess Medicare Pay, Humana Says

    Humana Inc. is attacking a proposed class action in Ohio federal court accusing it of improperly recouping Medicare Advantage overpayments from chiropractors, saying the lawsuit clearly misreads federal law and would undermine anti-fraud efforts.

  • October 20, 2014

    Silent CBA Weighs Against Lifetime Healthcare, Justices Told

    A Sixth Circuit ruling that left M&G Polymers USA LLC responsible for a class of retirees' lifetime health benefits was “infected” by precedent regarding collective bargaining agreements that is out of step with federal labor policy and common sense, the company has told the Supreme Court.

  • October 20, 2014

    PAGA Claims Can Be Waived In Arbitration Pacts, Judge Says

    A federal judge rejected the California Supreme Court's conclusion that workers' right to bring representative Private Attorney General Act claims can't be waived through arbitration agreements, marking the latest federal ruling to eschew the state high court's June Iskanian decision.

  • October 20, 2014

    Agency Needs Input Before Changing Stance, High Court Told

    Federal agencies must accept public input before substantially changing how they interpret regulations, the U.S. Chamber of Commerce and other business groups told the Supreme Court on Thursday, in a case challenging the U.S. Department of Labor's reclassification of mortgage loan officers as overtime-eligible.

  • October 20, 2014

    Scotts Says Rejected Deals Should Kill Toxic Bird Food Suit

    The Scotts Company LLC on Friday asked a California federal judge to toss a proposed class action accusing the company of illegally selling wild bird food that contained toxic pesticides, arguing that the plaintiffs’ refusals to accept individual settlements made the dispute moot.

  • October 20, 2014 Slapped With Anti-Poach Suit Over Deal With Google on Friday became the latest Silicon Valley tech company to be sued over allegations that it had colluded with Google Inc. and others to keep down salaries by agreeing not to poach each other's directors, according to a proposed California federal antitrust class action.

  • October 20, 2014

    Dr. Reddy's Settles On Eve Of Nexium Pay-For-Delay Trial

    Dr. Reddy's Laboratories Ltd. agreed Sunday to help drug buyers make their pay-for-delay case against AstraZeneca PLC and two generic-drug makers as part of a settlement inked on the eve of trial in the antitrust class action.

  • October 20, 2014

    GM Ignition Defect Death Tally Rises To 29

    More deaths have been attributed to a faulty ignition in General Motors Co. vehicles, bringing the total to 29, according to a claims report released Monday by the attorney who manages a compensation fund for victims of crashes caused by the defect.

  • October 20, 2014

    M&T Bank To Pay $4M To Exit MDL Over Overdraft Fees

    A Florida judge on Monday granted preliminary approval to a $4 million settlement in a case alleging M&T Bank was part of a group of lenders that acted in bad faith by charging high overdraft fees, becoming the latest bank to settle in a once-massive multidistrict litigation in Florida federal court.

  • October 20, 2014

    Employers' EEOC Survival Guide: The Investigation

    Employers that aren't careful about how they respond when the U.S. Equal Employment Opportunity Commission comes knocking to investigate discrimination charges can doom their chances for reaching an agreeable settlement and end up on the losing end of a sweeping systemic bias suit. Companies must be cooperative but still think strategically from the very outset, lawyers and the EEOC say. This is the first in a three-article series on navigating the EEOC process.

  • October 20, 2014

    2 More HCA Hospitals Added To Fla. PIP Coverage Class Suit

    A putative class action pending in Florida federal court against HCA Holdings Inc. for alleged overcharging of patients' personal insurance protection at one of its Florida hospitals has been expanded to include two additional facilities in the state.

  • October 20, 2014

    Warburg, Bridgepoint Directors Beat $250M Tender Offer Suit

    A California federal judge on Friday said Bridgepoint Education Inc.'s approval of a 2013 tender offer with Warburg Pincus Private Equity VIII LP was based on "classic business judgment," tossing a shareholder derivative suit claiming the offer allowed Warburg to unfairly rake in nearly $250 million in profits via a share buyback.

  • October 20, 2014

    GM Can Join $16M Settlement Class In Steel Price-Fix Suit

    An Illinois federal judge has allowed General Motors LLC to join three settlement classes in a consolidated class action against eight steelmakers accused of scheming to inflate prices, allowing GM to withdraw its previous exclusion request.

Expert Analysis

  • Random Selection Is Best For MDL Bellwether Trials

    Matthew A. Holian

    The inadequacies of party selection are particularly troubling when compared to random selection, which yields representative plaintiffs, is fair to both sides, and also produces valuable information for courts and litigants, say Loren Brown and Matthew Holian at DLA Piper LLP and Dov Rothman at Analysis Group Inc.

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • The Root Cause Of Skyrocketing Defense Costs

    Douglas W. Greene

    The costs of defending securities class actions continue to increase, and the root cause is the convergence of two related factors — the prevailing view that securities class actions are “bet the company” cases, and the consequent reflexive hiring of BigLaw firms, says Douglas Greene of Lane Powell PC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Culling Consent From 11th Circ. TCPA Case

    David N. Anthony

    After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.

  • 7th Circ. Says Random Sampling Works For CAFA, Not How

    Esther S. McDonald

    Although the Seventh Circuit's ruling in Myrick v. WellPoint Inc. suggests a plaintiff may meet the burden of proving members of a putuative class action qualify under the home-state exception of the Class Action Fairness Act through random sampling, many questions remain unanswered, says Esther McDonald of Seyfarth Shaw LLP.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.