Class Action

  • December 22, 2014

    $3M JC Penney Attys' Fee Ruling Stands In Investor Suit

    A Texas appeals court on Friday denied JC Penney Co. Inc.'s request to overturn a $3.1 million attorneys' fee award approved by a trial judge in a shareholder derivative suit against the retailer alleging an improper executive compensation scheme.

  • December 22, 2014

    Morgan Stanley Financial Advisers Launch $5M OT Class Action

    Financial advisers at Morgan Stanley & Co. LLC slapped the bank with a $5 million putative class action in California federal court Friday, accusing it of stiffing workers out of overtime pay and meal and rest breaks during a five- to six-month training period.

  • December 22, 2014

    First Alert Snuffs Out Smoke Alarm Class Action

    A California federal judge on Friday threw out a proposed class action accusing First Alert Inc. of selling defective smoke alarms, finding that the plaintiff failed to back up her claim that the product’s packaging omitted important safety information.

  • December 22, 2014

    CVS Hit With TCPA Suit Over Unsolicited Text Messages

    CVS Pharmacy Inc. was slapped on Friday with a putative class action in Florida federal court that accuses the drugstore chain of sending automated text messages to remind pharmacy customers to refill their prescriptions without consent in violation of the Telephone Consumer Protection Act.

  • December 22, 2014

    Sky Chefs' $1.75M Wage Deal OK'd As Judge Dings Class Attys

    A California federal judge on Friday granted final approval to in-flight caterer Sky Chefs Inc.’s $1.75 million deal to settle a class action alleging it underpaid thousands of employees, overcoming concerns about the thoroughness of plaintiffs’ counsel to rule the settlement is fair.

  • December 22, 2014

    Disney Wins Sanctions In Row Over Alleged Tainted Water

    A California judge on Monday issued $12,800 in sanctions against a group suing The Walt Disney Co. and tossed their suit alleging that Disney dumped toxins into Southern California's water supply, saying that the group wrongfully tried to resurrect claims that had been dismissed in prior actions.

  • December 22, 2014

    Violin, Underwriters Say $146M IPO Suit Repeats Axed Claims

    Violin Memory Inc. and the underwriters for its $146 million initial public offering last year asked a California federal judge to dismiss with prejudice most of the derivative claims alleging that the data storage firm concealed problems ahead of its offering, arguing that the investors have not properly amended previously dismissed claims.

  • December 22, 2014

    HSBC, Capital One Shake Class Suit Over Card Payments

    A California federal judge found Friday that a decision by HSBC Bank USA NA and Capital One NA to apply a credit card payment to a balance with a lower annual percentage rate hadn’t violated consumer protection laws, tossing two cardholders' putative class action with prejudice.

  • December 22, 2014

    JPML Asked To Combine Suits Over Daiichi's Benicar In Ohio

    Attorneys for a plaintiff suing Daiichi Sankyo Inc. and Forest Laboratories Inc. over side effects of the blood pressure drug Benicar have asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate suits over the drug in Ohio, arguing the majority of cases to date have been filed there.

  • December 22, 2014

    Amazon Fights Class Action On Dangerous Diet Drug Sales Inc. has hit back at allegations that it turns a blind eye to third parties selling weight loss supplements containing a dangerous and prohibited ingredient on its site, saying that a putative class of consumers is attempting to usurp the government’s powers by forcing it to notify purchasers that it had pulled the products.

  • December 22, 2014

    $95M Settlement In Morgan Stanley MBS Suit Gets OK'd

    A New York federal judge on Friday signed off on a proposed $95 million deal to end a putative class action alleging Morgan Stanley & Co. misled institutional investors about shoddy subprime mortgage-backed securities, including about $17.2 million in attorneys' fees and expenses.

  • December 22, 2014

    Nissan Dodges Class Cert In Defective Transmission Row

    A New Jersey federal judge on Friday denied class certification in a suit accusing Nissan North America Inc. of concealing defective transmissions, saying that all of the claims raised by the named plaintiffs in the suit have been curbed for being untimely and unsupported by evidence.

  • December 22, 2014

    Judge Denies Class Cert In Cymbalta Withdrawal Risks Suit

    A California federal judge has denied class certification in a suit alleging that Eli Lilly & Co. downplayed the withdrawal risks of its antidepressant drug Cymbalta, saying that the plaintiffs’ damages model was flawed because of complicating factors in the prescription drug market.

  • December 22, 2014

    BP Deserves $18B Max Penalty For Deepwater Spill, US Says

    The U.S. government on Friday urged the judge overseeing the Deepwater Horizon multidistrict litigation to hit BP Exploration & Production Inc. with $18 billion in Clean Water Act penalties, saying the energy giant's role in the 2010 disaster warranted the maximum penalty under the law.

  • December 19, 2014

    Judge Slaps Down HP's 3rd Try At Autonomy Settlement

    A California federal judge on Friday rejected Hewlett Packard Co. shareholders’ third attempt at a settlement in their derivative suit over HP's disastrous $11.1 billion Autonomy Corp. acquisition, ruling the deal’s potential release of claims was still far too broad. 

  • December 19, 2014

    Ford Credit Gets Calif. Lease Notice Class Action Trimmed

    A California judge on Friday trimmed a putative class action alleging Ford Motor Credit Company LLC collects car lease payments from co-signers without providing a notice required by California law, tossing allegations that the practice violates the state’s unfair competition laws.

  • December 19, 2014

    Texas High Court Will Hear Life Partners Securities Suits

    The Texas Supreme Court on Friday agreed to resolve a split among lower appellate courts on whether life settlements — fractional interests in insurance policies — sold by Life Partners Inc. can be regulated as securities, granting review to a putative class action and an enforcement suit from state regulators.

  • December 19, 2014

    Wells Fargo Owes $55M In Mortgage Late Fee Suit, Jury Says

    A New York federal jury on Friday decided Wells Fargo & Co. owes $54.8 million in a class action accusing mortgage companies previously owned by Wells Fargo’s Wachovia Corp. of slapping borrowers with unlawful fees, defendants’ counsel confirmed, although plaintiffs had sought roughly $629 million.

  • December 19, 2014

    Calif. Strip Club, Dancers Get OK For Deal Over Taping, Tips

    A California judge on Friday granted final approval to a deal requiring the owner of Bare Elegance Gentlemen’s Club to pay $500,000 over claims by 443 exotic dancers that the club had illegally videotaped them and taken their tips, in violation of state labor laws.

  • December 19, 2014

    Pandora Tries To Ax Rockers' IP Suit Under Free Speech Law

    Pandora Media Inc. urged a California federal judge Friday to toss copyright class action claims brought by members of the 1960s rock band The Turtles alleging the online radio company infringed copyrights for pre-1972 songs, saying the rockers are claiming nonexistent rights to threaten Pandora's free speech rights.

Expert Analysis

  • 2014 NLRB Year In Review

    Steven Swirsky

    The National Labor Relations Board's agenda in 2014 was ambitious in its reconsideration of well-settled principles on issues such as union representation elections and employee waivers on the right to participate in collective and class actions as a condition of employment, say Steven Swirsky and D. Martin Stanberry of Epstein Becker & Green PC.

  • Product Liability In 2014: What Did And Didn't Happen?

    Shagha Tousi

    In 2014, courts and regulators ultimately left unresolved critical underlying issues in product liability law with potentially substantial legal repercussions, particularly in the areas of class certification and liability for food product and medical device defects, say attorneys at Nutter McClennen & Fish LLP.

  • Trending In 3rd Circ.: Motions To Strike Class Allegations

    Charlotte E. Thomas

    To be sure, courts remain cautious about striking class allegations for the same reason that they are cautious about dismissing a complaint under Rule 12(b)(6). However, motions to strike class allegations can provide an early and cost-effective means of avoiding class treatment, and in clear cases, they can be economical for courts as well, says Charlotte Thomas of Duane Morris LLP.

  • The State Of Technology-Assisted Review In 2014

    Gabriela Baron

    The rule of thumb that can be gleaned from this year’s case law is that parties should address the use of technology-assisted review early on in the discovery process since a failure to do so may later be used against them, says Gabriela Baron of Xerox Litigation Services.

  • 6 Privacy Law Trends That Will Continue In 2015

    Liisa Thomas

    With expanding definitions of what constitutes “personal” information, rampant data breach litigation and increased activity in the international space, 2014 has been a busy year in privacy law. These trends will likely feed into what we see in the privacy space in 2015, say Liisa Thomas and Rob Newman of Winston & Strawn LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Product Liability In The Age Of Global Pandemics

    Hildy Sastre

    Shahinian v. Kimberly-Clark Corp. illustrates some of the many challenges facing product liability litigation based on the fear of pandemics and shows that even the most insulated business can face claims related to injuries caused by diseases over which it had no control, say Hildy Sastre and Iain Kennedy of Shook Hardy & Bacon LLP.

  • Sub-Regressions In Antitrust Class Cert. Can Be Unreliable

    Kenneth Flamm

    It is imperative that statistical experts call out the misapplication and misinterpretation of statistical analysis. Unfortunately, a recent Law360 Expert Analysis article does just the opposite and may result in additional courts innocently accepting sub-regressions as statistically valid in situations where they are not, say Kenneth Flamm of Kenneth Flamm Economic Consulting and Michael Naaman of Laurits R. Christensen Associates Inc.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • 7th Circ. Explains Role Of Objectors In Class Settlement

    Rhonda Wasserman

    The Seventh Circuit's recent rejection of a class action settlement in Pearson v. NBTY Inc. highlights the important role objectors play in policing the adequacy of class action settlements and provides guidance to lawyers crafting such settlements as well as to district courts charged with reviewing them, says Rhonda Wasserman of the University of Pittsburgh School of Law.