Class Action

  • July 25, 2014

    Judge Rinses Claims From Mouthwash False Ad Row

    A Florida federal judge has trimmed a proposed class action against toiletry and dietary supplement maker Chattem Inc. accusing it of making misleading claims that its ACT mouthwash rebuilds tooth enamel.

  • July 25, 2014

    Amazon Seeks To End Suit Over Hidden Amazon Prime Costs

    Amazon.com Inc. moved on Thursday to derail a proposed class action lawsuit claiming the company inflated prices on Amazon Prime products to offset the cost of free shipping, saying regardless of the prices that customers paid for items, they got what they signed up for: free shipping.

  • July 25, 2014

    1st Circ. Nexium Case May Ripple Beyond Pharma

    The First Circuit is set to hear arguments Thursday about whether a group of consumers, insurers and others who paid for Nexium can sue as a class over alleged pay-for-delay deals over the heartburn drug even though many of them may not have overpaid because of the patent settlements, in a case that could have implications beyond the pharmaceutical world.

  • July 25, 2014

    Warner Cries Privilege On ‘Happy Birthday’ Rights Letters

    A Warner Music Group Corp. unit told a California federal judge Friday that the plaintiff in a putative class action alleging Warner's copyright for “Happy Birthday to You” is bogus can't see decades-old letters detailing the song’s copyright history, saying they are protected by attorney-client privilege.

  • July 25, 2014

    BJ's Managers Fight Arbitration In OT Suit

    Dozens of BJ's Wholesale Club middle managers who claim they have been stiffed overtime pay are fighting the company's bid to send their dispute to arbitration, saying on Friday that the retailer hasn't provided evidence supporting its position that the employees were made aware of a corporate dispute-resolution program.

  • July 25, 2014

    Telecom Cos. Posted Customers' Private Info On Web: Suit

    A putative class action filed Wednesday in Florida state court claims that Nexogy Inc. and its parent LD Telecommunications released customers' private information, including financial data, on the Internet, leaving them vulnerable to identity theft.

  • July 25, 2014

    Nucor's Appeal Of Race Bias Class 3 Years Late: 4th Circ.

    Nucor Corp.’s quest for decertification of a class of black workers claiming they were subjected to a hostile work environment hit another roadblock Friday when the Fourth Circuit said a petition for review of the lower court’s refusal to decertify is three years too late.

  • July 25, 2014

    High Court Urged To Nix $9.2M Attys' Fee In VW Settlement

    A class member in a consolidated suit against Volkswagen of America Inc. over leaky sunroofs told the U.S. Supreme Court that the Third Circuit and a magistrate judge shouldn't have approved a $9.2 million attorneys' fee award, according to a filing made available Friday.

  • July 25, 2014

    Travelers Seek High Court Review of Southwest-AirTran Tie-Up

    A proposed class of air travelers and travel agents last week asked the U.S. Supreme Court to hear its antitrust challenge seeking to force Southwest Airlines Co. to divest recently acquired AirTran Holdings Inc. after the Ninth Circuit refused to rehear the case.

  • July 25, 2014

    Texas Court Kicks Deepwater Investor Suit To Switzerland

    A shareholder trying to sue the directors of Transocean Ltd. in a derivative suit in Texas over their alleged mishandling of the Deepwater Horizon explosion and its aftermath will have to take her case to Switzerland if she wants to continue, a Texas appeals court ruled on Thursday.

  • July 25, 2014

    No Need To Hold Up TRW Health Benefits Fight, Retirees Say

    A pending U.S. Supreme Court case over retiree health care benefits shouldn't block TRW Automotive Holdings Corp.'s bid for rehearing in a separate health benefits class action because the union contracts underlying each case are different, the TRW plaintiffs told the Sixth Circuit on Thursday. 

  • July 25, 2014

    Diacetyl Plaintiffs Ask High Court To Review 3rd Circ. Ruling

    Plaintiffs in a class action claiming they were harmed by exposure to food coloring chemical diacetyl have asked the U.S. Supreme Court to review a Third Circuit ruling that Aaroma Holdings LLC cannot be held liable because it purchased those assets from now-bankrupt Emoral Inc., saying the decision sets a dangerous precedent.

  • July 25, 2014

    Class Cert. Bid Denied In Carnival Hot Tub Infection Suit

    A Florida federal judge on Friday denied class certification to a group of Carnival Cruise Line passengers who claim they got infections from hot tubs on the company's ships, upholding a class action waiver and finding the plaintiffs failed to meet class requirements.

  • July 25, 2014

    J&J Beats Injunction Bid In Splenda Labeling Suit

    A California federal judge Friday ruled that a proposed class of consumers can't win an injunction barring Johnson & Johnson from misrepresenting the health benefits of its Splenda Essentials with Antioxidants because that sweetener is off the market and the plaintiffs have no plans to purchase it.

  • July 25, 2014

    Employees' Claims Against BOK Time-Barred, Judge Says

    An Oklahoma federal judge on Friday pared misclassification and off-the-clock claims in a class action brought by mortgage loan officers against BOK Financial Corp., ruling that they had not proven that the bank had willfully violated federal labor law and so their claims were time-barred.

  • July 25, 2014

    Calif. Buyers Ask 1st Circ. To Revive Lexapro Marketing Suit

    California purchasers of the antidepressant Lexapro asked the First Circuit on Wednesday to revive their putative class action accusing drug maker Forest Laboratories Inc. of illegally promoting Lexapro’s uses in adolescents, saying a Massachusetts district court improperly dismissed their claims under California’s safe harbor provision.

  • July 25, 2014

    Calif. Judge Won't Sever Walgreen Homeopathic Meds Row

    A California federal judge on Thursday refused to sever a putative class action accusing Walgreen Co. of concealing that its homeopathic earache remedies are ineffective, saying the claims over the Ear Pain Relief and Ear Ache Drops products are similar enough to sustain the joinder of the claims.

  • July 25, 2014

    BSH Class Slams Sanctions Bid Claiming Washer Suit Duplicity

    A class of BSH Home Appliances Corp. customers on Thursday slammed the washing-machine maker's sanctions bid earlier this week, arguing that its claims that plaintiffs and their experts in a suit claiming a defective product, breached warranties and false advertising had engaged in a deceptive scheme are "demonstrably false."

  • July 25, 2014

    Hyundai Escapes Class Action Over Side Air Bags

    A California federal court on Thursday threw out a putative class action by some owners of Hyundai Tiburon cars that accused the company of poor safety engineering, finding that they suffered no actual damages and their claims are moot.

  • July 25, 2014

    XL Asks 11th Circ. To Excuse It From $4.9M Piedmont Deal

    XL Specialty Insurance Co. urged the Eleventh Circuit to rule that it isn't required to pay for a $4.9 million settlement in a shareholders class action concerning former client Piedmont Office Realty Trust Inc. because it never consented to the agreement.

Expert Analysis

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Your D&O Insurance Policy Post-Halliburton

    Roberta D. Anderson

    The U.S. Supreme Court decision in Halliburton Co. v. Erica P. John Fund may significantly increase defense costs at and prior to the class certification stage, so companies may wish to carefully consider their directors and officers insurance program and confirm that their policies would respond to cover expert witnesses and “event study” expenses, says Roberta Anderson of K&L Gates LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Think Before You Transfer Your Product Liability Case

    Cynthia H. Cwik

    Despite a decline over the past eight years, the U.S. Judicial Panel on Multidistrict Litigation continues to grant far more product liability transfer motions than it denies. Considering parties' geography and preferences, among other factors, will help when advising clients with centralization and the selection of a transferee court, say attorneys at Jones Day.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 9th Circ. Thinks Inside The Bun In Taco Bell TCPA Suit

    Paul A. Werner

    A Ninth Circuit decision in Thomas v. Taco Bell Corp. provides much-needed guidance and a clear limitation on the vicarious liability concepts introduced by the Federal Communications Commission to the Telephone Consumer Protection Act litigation mix, say Paul Werner and J. Aaron George of Sheppard Mullin Richter & Hampton LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.