Class Action

  • March 6, 2015

    Pharm Co. Plans to Appeal Class Cert. In Antitrust MDL

    The First Circuit will hear Astellas Pharma US LLC’s appeal of a judge’s decision to partially certify a class of consumers and companies in multidistrict antitrust litigation accusing it of delaying entry of a generic form of its immunosuppressant Prograf, according to court filings.

  • March 6, 2015

    Deutsche Shareholders Seek High Court Review Of MBS Suit

    Plaintiffs in a dismissed securities class action against Deutsche Bank AG have asked the U.S. Supreme Court to review its claim over the bank’s €20 billion ($21.7 billion) exposure to risky mortgage assets during the financial crisis, saying the case resembles the landmark Omnicare matter pending before it.

  • March 6, 2015

    BP Drops Deepwater Claims Administrator Challenge

    BP Exploration and Production Inc. on Friday dropped its appeal to the Fifth Circuit of a ruling that the company could not disqualify the claims administrator overseeing payouts under its $9.2 billion Deepwater Horizon oil spill settlement, saying the program has improved.

  • March 6, 2015

    Contact Lens Pricing Suits To Test Landmark Leegin Case

    A flurry of lawsuits alleging the contact lens industry has conspired to keep consumer prices artificially high are poised to test whether allegations of so-called resale price maintenance remain viable following the U.S. Supreme Court's landmark Leegin decision and may draw the attention of government regulators, experts say.

  • March 6, 2015

    BlackRock Can't Stop Deal In BofA, US Bank RMBS Suit

    A New York federal judge on Thursday denied a bid by a group of institutional investors to wade into a class action residential mortgage-backed securities lawsuit against Bank of America NA and U.S. Bank National Association, saying a $69 million settlement of the suit won’t wipe out the intervenors’ claims.

  • March 6, 2015

    Papa John's Ill. Delivery Tax Suit Staying In Federal Court

    An Illinois federal judge declined on Friday to remand to state court a customer’s class action suit accusing Papa John's International Inc. of illegally collecting sales taxes on its delivery fees, finding the claims are within its purview because the potential damages do not fall below the jurisdictional minimum.

  • March 6, 2015

    Ocwen Tries To Buck Tax Reporting Class Action

    Ocwen Financial Corp. on Thursday asked a California federal court to dismiss a proposed class action alleging the company failed to report home mortgage interest to the Internal Revenue Service because the relevant statute does not allow for private action.

  • March 6, 2015

    Merrill Lynch, BofA Hit With OT Claims By Ex-Trainees

    Two former Merrill Lynch & Co. Inc. financial adviser trainees launched a proposed class action in New York federal court Thursday against the brokerage and its parent Bank of America Corp., alleging it failed to pay them for the up to 30 hours of overtime they worked each week. 

  • March 6, 2015

    Hyundai, Kia's $255M Fuel Economy Deal Draws Objections

    Class members on Thursday filed objections to a proposed settlement, potentially worth more than $255 million, that would resolve claims in multidistrict litigation that Hyundai Motor America and Kia Motors America overstated the fuel efficiency of more than 900,000 vehicles, saying that the terms unfairly benefit the companies.

  • March 6, 2015

    Claims Of JPMorgan 'Thievery,' Madoff Ties Appear NY-Bound

    A New Jersey federal class action claiming a “culture of thievery” inside JPMorgan Chase & Co. led the bank to countenance Bernie Madoff's crimes appears headed for Manhattan, after a magistrate's finding that the New York court has valuable “expertise and familiarity” with the giant Ponzi scheme's facts.

  • March 6, 2015

    Big Lots Denied Calif. Workers OT Pay, Class Action Says

    A former employee has accused Big Lots Stores Inc. of stiffing California workers on pay for overtime and off-the-clock work and failing to provide adequate meal breaks, according to a proposed class action that was removed to federal court on Thursday.

  • March 6, 2015

    SD Card Buyers Press Justices To Let Antitrust Suit Go On

    Indirect purchasers of secure digital memory cards have urged the U.S. Supreme Court to reject a bid by Panasonic Corp., Toshiba Corp. and others to kill a class action accusing them of trying to limit competition through an SD card licensing deal, saying the Ninth Circuit correctly revived the case.

  • March 6, 2015

    Wash. Farm Again Loses Bid To Toss H-2A Visa Suit

    A Washington federal judge on Thursday refused to reconsider an order keeping alive a putative class action accusing Mercer Canyons farm of failing to inform local workers that higher-paying H-2A visa vineyard jobs were available, ruling the court hadn’t made any errors in its previous decision.

  • March 6, 2015

    Leaner Investor Suit Over Tile Shop's China Ties Moves Ahead

    A Minnesota federal judge has pared a shareholder class action against a high-end tile retailer for allegedly misleading investors about the company’s intertwined professional and personal relationships with an exporter and a supplier in China.

  • March 6, 2015

    Aerospace Co. Hit With Wage Class Action In Calif.

    A former Metric Precision and Engineering LLC employee accused the aerospace and defense manufacturer of violating California labor laws by requiring employees to work at least five minutes past their shift without pay, according to a recent class action filed in California state court.

  • March 6, 2015

    Texas Justices To Weigh In On Wal-Mart Optometrists' Award

    The Texas Supreme Court on Friday accepted a certified question from the Fifth Circuit asking it to determine whether optometrists working in Wal-Mart Stores Inc. locations are entitled to civil penalties after a jury found they were pressured by the retailer to stay open longer, in violation of state law.

  • March 6, 2015

    Judge Urged To Hold Chinese Drywall Co. Parents In Contempt

    Plaintiffs seeking to enforce a multidistrict litigation judgment over defective drywall manufactured by Taishan Gypsum Co. Ltd. have urged a Louisiana federal judge to hold its parent companies in contempt, alleging they ordered the Chinese drywall manufacturer’s defiance of a court mandate.

  • March 6, 2015

    Gawker Interns Lose Bid To Notify Class On Social Media

    A New York federal judge Thursday denied a bid by a group of Gawker interns to disseminate notice of their class action settlement through social media, saying their proposal lacks any realistic notion of specifically targeting its potential opt-in plaintiffs.

  • March 5, 2015

    Energy Co. Underpaid Gas Royalties To Landowners: Jury

    A jury on Thursday found Energy Corp. of America underpaid gas royalties by improperly deducting interstate pipeline charges and marketing fees, handling a victory to a class of landowners who entered into oil and gas leases with the privately held company.

  • March 5, 2015

    Banks Say Judge Can't Split Up Libor Suit Over Jurisdiction

    Bank of America Corp., Barclays PLC and other major lenders on Thursday told a New York federal judge presiding over multidistrict litigation regarding allegations the banks colluded to rig the Libor that she couldn’t transfer cases that lacked jurisdiction, citing high court precedent.

Expert Analysis

  • A Primer On Class Action Precertification Communications

    Danyll W. Foix

    While courts today generally permit precertification communications and settlements with absent class members, in-house counsel should proceed carefully since such communications often implicate a complex mixture of professional conduct and civil procedure rules, free speech doctrine and evolving court-made guidelines, says Danyll Foix of Baker & Hostetler LLP.

  • The Importance Of Making Fact-Based Arguments

     Fred T. Isquith

    The mental shortcuts of legal rubrics developed from a case outcome — or holding — risk sluggishness regarding law purposes. In two recent decisions involving the Hellas Telecommunications liquidation and alleged Forex manipulations, the trial courts looked behind the rubrics and one-sentence assertions of “law” to probe further and distinguish argued precedent, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Pondering What Tibble V. Edison May Mean For ERISA Plans

    Nancy G. Ross

    Pending the U.S. Supreme Court's decision in Tibble v. Edison International, Employee Retirement Income Security Act plan sponsors and fiduciaries should make sure that each investment continues to meet the objectives of the plan’s investment policy statement, makes sense when viewed as part of the plan’s entire portfolio and remains an appropriate choice among others in its asset class, say attorneys at Mayer Brown LLP.

  • Law Firm Tensions Mount In Africa — What Does It Mean?

    Steve Blundell

    Tensions are perhaps inevitable in a fast-growing market such as Africa where international law firms are gearing up for a greater level of market entry, and where the independent firms remain highly reliant on referrals from these same firms. But the questions facing both types of firms go to the heart of short-term expedient versus long-term strategy, says Steve Blundell of Redstone Consultants.

  • A Critical Step Toward Reining In Class Standing Doctrine

    Christopher Houpt

    In NECA-IBEW v. Goldman Sachs, the Second Circuit arguably opened up a new door in class action litigation when it held that investors in one securities offering had standing to represent a putative class of investors in other offerings. But the court’s decision in Policemen’s Annuity and Benefit Fund v. The Bank of New York Mellon clarifies and narrows that ruling, say Christopher Houpt and Matthew Ingber of Mayer Brown LLP.

  • Emerging Threats In Recall-Based Auto Class Actions

    Todd B. Benoff

    While courts have rejected plaintiffs' arguments that sharing information with the National Highway Traffic Safety Administration during an auto recall destroys attorney-client privilege, the increasing number of recalls and related class actions increases the odds that different courts will reach different conclusions, says Todd Benoff of Alston & Bird LLP.

  • How To Bolster Your Ascertainability Challenge

    Cyrus Abbassi

    In a court willing to consider affidavits to ascertain class membership, a defendant has a greater chance of arguing that a class is not ascertainable where consumer affidavits are vulnerable to confusion or lapses in a purchaser’s memory, says Cyrus Abbassi of Burr & Forman LLP.

  • 11th Circ. Widens Split Over Class Action 'Pick Offs'

    Josh Jubelirer

    After Stein v. Buccaneers Limited Partnership, the Eleventh Circuit is squarely at odds with the Seventh Circuit over whether unaccepted offers of judgment moot putative class actions if made before the motion to certify the class has been filed. Stein further emphasizes the circuit split on this issue, making it ripe for consideration by the U.S. Supreme Court, say Josh Jubelirer and Jason Stiehl of Seyfarth Shaw LLP.

  • Key Employment And Immigration Issues Facing Banks Today

    James R. Wiley

    Many banks are facing class actions for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.