Class Action

  • January 28, 2015

    Michaels Nailed Again With Applicant Background Check Suit

    Michaels Stores Inc. on Wednesday was hit for the second time in recent weeks with a proposed class action over how the craft supply retailer notifies prospective employees about background checks, accused in a Texas federal complaint of screening employees in an illegal manner.

  • January 28, 2015

    Whole Foods Accused Of Fraud For Overcharging Sales Tax

    Whole Foods Market Group Inc. was hit with a putative class action on Wednesday in Illinois federal court for allegedly overcharging customers for sales tax on some purchases made with coupons, according to court documents.

  • January 28, 2015

    Fraud Suits Targeting Sanofi Over MS Drug Prospects Tossed

    A Manhattan federal judge on Tuesday threw out an investor class action and a related securities fraud damages suit against Sanofi over a 2013 setback in its effort alongside recently acquired Genzyme Corp. to win approval for their Lemtrada multiple sclerosis drug, finding rosy statements predicting on-time approval were genuinely believed when they were made.

  • January 28, 2015

    Best Buy Investors Say Halliburton II Doesn't Bust Up Class

    Best Buy Co. Inc investors urged the Eighth Circuit to affirm class certification in a stock-drop lawsuit against the electronics retailer, arguing Tuesday that the U.S. Supreme Court's landmark Halliburton II ruling doesn't disrupt a lower court's finding in their favor.

  • January 28, 2015

    Product Liability Trials To Watch In 2015

    Device giants C.R. Bard Inc. and Johnson & Johnson unit Ethicon Inc. face bellwether trials in the next few months over their pelvic mesh devices, Pfizer Inc. prepares to defend Lipitor in the first multidistrict litigation bellwether over the cholesterol drug and Engle tobacco trials proceed in some unusual cases. Here are the product liability showdowns to watch this year.

  • January 28, 2015

    Judge Says Banks Must Face US-Based Forex Rigging Claims

    A federal judge in New York on Wednesday denied a motion to dismiss a U.S.-based class action alleging that Bank of America Corp., Barclays PLC and other banks rigged foreign exchange markets.

  • January 28, 2015

    TracFone Will Pay $40 Million In FTC Throttling Suit

    TracFone Wireless Inc. will pay $40 million to consumers for falsely promising them "unlimited" data service but then slashing data transfer speeds after they exceeded certain limits, according to a deal filed in California on Wednesday by the Federal Trade Commission.

  • January 28, 2015

    General Cable Ducks Suit Over Accounting Errors, Theft

    A Kentucky federal judge on Tuesday tossed a proposed securities class action that took aim at global industrial cable and wire manufacturer General Cable Corp., citing a lack of evidence that its senior executives covered up accounting errors and theft in its Brazil division.

  • January 28, 2015

    Securities Plaintiffs Bar Unfazed By Dip In Big-Money Suits

    Despite a recent drop in securities fraud cases against larger companies and declining so-called maximum dollar losses for litigation filings, attorneys in the plaintiffs bar don't expect to go hungry anytime soon, with some saying that an increase in financial restatements and admissions of accounting fraud is actually improving the quality of the cases that are filed.

  • January 28, 2015

    7th Circ. Won't Rehear Accretive's $14M Shareholder Deal

    The Seventh Circuit declined on Tuesday a full-panel appeal to block a $14 million class action settlement with Accretive Health Inc. in a case that alleged the company gave positive forecasts to shareholders before allegations of unlawful collection tactics tanked stock prices.

  • January 28, 2015

    Dollar Thrifty Car Renter Class A Lemon In Colorado Court

    A Colorado federal judge refused to certify a class of 2.6 million Dollar Thrifty Automotive Group customers Tuesday, saying the lead plaintiffs’ allegations the car rental company tricks customers into buying unwanted insurance add-ons generates a disparate group of buyers without enough in common.

  • January 27, 2015

    Effexor Plaintiffs Want To Drop 40% Of Suits From MDL

    The plaintiffs in multidistrict litigation over Wyeth Pharmaceuticals Inc.'s depression and anxiety drug Effexor have sought to drop some 26 suits targeting the Pfizer unit over the drug's alleged birth defect risks, and a Pennsylvania federal judge has granted dismissals in at least eight of them.

  • January 27, 2015

    BP Witness Says Marshes, Beaches Back To Pre-Spill Form

    A witness for BP Exploration and Production Inc. on Tuesday testified in Louisiana federal court that beaches and marshes drenched with oil as a result of the 2010 Deepwater Horizon spill are back to pre-spill conditions, an assertion that faced scrutiny from the U.S. government.

  • January 27, 2015

    Nordstrom Denied Quick Appeal In 'Made In USA' Suit

    A California federal judge on Tuesday denied Nordstrom Inc. and luxury denim manufacturer AG Adriano Goldschmied Inc.'s bid for interlocutory review of an October ruling in a proposed class action accusing them of falsely marketing jeans as "made in the USA."

  • January 27, 2015

    Investors Want OK For $2M Deal In Suit Against Chinese Co.

    A proposed class of investors asked a New Jersey federal court to preliminarily approve the class and a $2 million settlement with Universal Travel Group, a Chinese company accused of securities fraud, arguing that because China does not enforce U.S. judgments, the settlement is the best chance of investors getting any money back at all.

  • January 27, 2015

    TCPA Suit Against Coca-Cola Over Texts Moves Forward

    An Alabama federal judge on Monday trimmed a proposed class action accusing Coca-Cola Inc. of violating the Telephone Consumer Protection Act by sending unsolicited texts, but allowed claims for two remaining texts in the case to move ahead.

  • January 27, 2015

    Ex-Applebee's Workers Say 1st. Circ. Bolsters Wage Appeal

    Restaurant workers suing Applebee's franchisee T.L. Cannon Corp. for wage violations have urged the Second Circuit to overturn a ruling denying them class certification, arguing that a recent First Circuit antitrust ruling adopted their interpretation of the U.S. Supreme Court's Comcast decision.

  • January 27, 2015

    No Appeal Of Battery Price-Fixing MDL Trimming, Judge Says

    A California federal judge on Monday denied a joint motion filed on behalf of several battery manufacturers seeking interlocutory review of two orders that upheld the merits of complaints in multidistrict litigation concerning price-fixing in the lithium ion battery market, saying the appeal would likely cause unnecessary delays.

  • January 27, 2015

    Safeway Tries Again To Escape Class Action Over Recalls

    Safeway Inc. took its latest shot Tuesday to dismiss a proposed class action in California over tainted eggs and peanut butter products the grocer was forced to recall, saying records show neither of the named plaintiffs who have brought the lawsuit bought the items that were pulled from store shelves.

  • January 27, 2015

    Embattled Aerospace Co. Head Wins Stay Of Shareholder Suit

    A California federal judge on Monday paused a proposed shareholder class action against aerospace technology company Valley Forge Composite Technologies Inc., providing breathing room for a co-founder to fight charges stemming from allegedly illegal microcircuit sales to Hong Kong and China and participate in the company's bankruptcy proceedings.

Expert Analysis

  • Iskanian V. CLS Will Continue To Divide Calif. Courts

    Regina Silva

    The U.S. Supreme Court's recent denial to hear Iskanian v. CLS Transportation Los Angeles LLC means it remains good law and is binding on all state courts. However, since California federal courts appear to have no intention of following the opinion, legal observers should expect significant forum shopping by litigants going forward, says Regina Silva, senior counsel at Tyson & Mendes LLP and a former prosecutor.

  • 10 Ways To Mitigate Risk From Consumer Class Actions

    Kara L. McCall

    Consumer product companies are increasingly vulnerable to class action litigation, especially over performance claims and ingredient or content labeling. To reduce litigation risks companies should identify all actual and perceived advertising and packaging claims and analyze the strength of them under federal, state and common law, say Kara McCall and Elizabeth Chiarello of Sidley Austin LLP.

  • Looking At Angles Of Liability After A Cyberattack

    Thomas B. Caswell III

    Individual or class claims from employees against their employers after a cyberattack could be based on state or federal statutes and might include common law claims of negligence, invasion of privacy, breach of express or implied contract or misrepresentation. As this area of litigation expands we are likely to see additional causes of action develop, say Thomas Caswell and Judith Langevin of Zelle Hofmann Voelbel & Mason LLP.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Pa. Superior Court Should Change Its Publishing Policy

    Robert N. Feltoon

    Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. shows that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.

  • High Court Weighs Gas Act Preemption In Antitrust Case

    Kenneth W. Irvin

    The U.S. Supreme Court recently heard oral argument in Oneok Inc. v. Learjet Inc., a case that raises an intriguing question about what the justices aim to achieve given the intervening expansion of the Federal Energy Regulatory Commission’s anti-manipulation authority in the 2005 Energy Policy Act, say attorneys with Cadwalader Wickersham & Taft LLP.

  • 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.