A New York federal judge on Friday rejected a bid to block Keurig Green Mountain Inc. from selling the latest version of its popular brewing machine because it was allegedly designed to expand a single-serving monopoly, saying the plaintiff didn’t show it would suffer irreparably without an injunction.
For the third time in a week, Syngenta faces suit over its genetically modified corn, this time in a class action led by Stracener Farming Co. that claims its shipments to China were rejected because Syngenta had released genetically modified seed into the U.S. corn supply.
A California federal judge denied SanDisk Corp.’s bid to toss a putative class action lodged by retailers and customers accusing the company of using its patents to monopolize the flash memory industry, ruling the plaintiffs have standing.
A New York bankruptcy judge on Friday certified a nationwide class of consumers whose stayed $261 million suit accused Kangadis Food Inc. of duping consumers into believing its olive oil was 100 percent pure when it was actually derived from olive pomace, an industrially produced and chemically derived fat.
An Ohio federal judge on Friday rejected Whirlpool Corp.'s efforts to dismiss a class action over allegedly defective washers that gather mold, allowing the case to proceed to trial after the appliance maker's tortuous and ultimately futile attempts to disband the class.
A New York federal judge on Friday greenlighted Pret A Manger (USA) Ltd.'s $910,000 settlement with a class of more than 4,000 workers in New York who claimed the sandwich chain cheated them of pay for the time it took to put on their uniforms.
LinkedIn Corp. on Thursday called for a California federal judge to throw out the remainder of a putative class action alleging the social media network broke into users’ accounts to send emails on their behalf, saying the plaintiffs’ amended complaint fails to state a claim on which relief can be granted.
A putative class of Canadian consumers has launched a suit against retail giant Home Depot Inc. over its recently announced data breach, in which hackers accessed information for 56 million payment cards, according to a Thursday statement.
A West Virginia bankruptcy judge on Tuesday rejected a water company’s objection to Freedom Industries Inc.’s $2.9 million class action settlement over a chemical spill that contaminated the drinking water in West Virginia, finding the agreement is reasonable.
A New York federal judge on Friday allowed plaintiffs in multidistrict litigation over General Motors Co.'s ignition switch defect to pursue discovery in injury cases that involve accidents that took place after the automaker emerged from bankruptcy in 2009, and in economic loss cases that involve post-2009 vehicles.
Companies that hire third parties to send unsolicited text messages can be liable for Telephone Consumer Privacy Act violations, the Ninth Circuit held Friday in a published opinion reviving a proposed class action that blamed U.S. Navy contractor Campbell-Ewald Co. for recruitment messages cellphone users received.
A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.
A California federal judge on Thursday said he would give early certification to a class of Securitas Security Services Inc. guards alleging the company’s vacation pay policy is essentially a bonus program in disguise, tasking the parties to agree on a class definition.
Metropolitan Property and Casualty Insurance Co. on Thursday blasted a proposed class action in Arkansas federal court alleging it skimped on labor costs when paying out homeowners’ property damage claims, saying one named plaintiff doesn't even qualify as a member of the proposed class.
The Second Circuit on Friday said General Motors LLC isn't on the hook for a settlement reached in a class action against its pre-bankruptcy predecessor over allegedly faulty transmissions, upholding a district court's ruling that the settlement wasn't an assumed liability under the bankruptcy sale order.
Sharp Electronics Corp. on Thursday appealed the denial of its bid to opt out of $46 million in settlements with Hitachi Inc. and Samsung Group in multidistrict litigation over alleged cathode ray tube price-fixing, roughly two weeks after a California federal judge nixed its reconsideration attempt over the matter.
A California federal judge on Thursday denied Samsung Telecommunications America LLC’s attempt to arbitrate a proposed class action about alleged performance issues with its Galaxy S4 phone, finding that the company’s arbitration provision didn’t contain language that would make it legally binding.
In a deal worth at least $30 million, Petroleum Development Corp. has settled with a certified class of several thousand investors who accused the energy company in California federal court of shortchanging them when it bought back their stakes in undeveloped Colorado oil properties, the company reported Friday.
An Oregon federal judge gave final approval on Thursday to a $31 million settlement resolving seven proposed class actions alleging Bank of America NA illegally forced homeowners to buy excessive amounts of flood insurance, overruling objections that a 25 percent class counsel fee is too high.
KPMG LLP urged a New York federal judge on Thursday to penalize employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying female client service and support professionals for allegedly wasting the court's time with baseless discovery filings.
In order to estimate damages to plaintiffs in a putative consumer class action after a large data breach it is important to construct a rigorous economic analysis that models the actual and but-for worlds, the goal being to make each plaintiff whole to the extent there was economic harm resulting from the breach itself, says Matthew Milner of Edgeworth Economics LLC.
Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.
The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.
The denial of class certification, while significant, does not conclusively dispatch a class claim. The class claim might reappear even after the defendant settles with the former lead plaintiff and the final judgment is entered, say James Goldfarb and Michael Rella of Murphy & McGonigle PC.
In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.
Fall is in the air. September is flying by. In a few weeks the U.S. Supreme Court will be convening again. But while there are securities cases on the docket, there is nothing as momentous as Halliburton, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.
After the Phase One rulings in the Deepwater Horizon oil spill litigation, any oil spill plaintiff still seeking punitive damages from BP PLC will face a gauntlet of legal obstacles, which is good reason to doubt BP will ever pay punitive damages in personal injury cases — a small consolation given BP's potential liability for civil penalties, says B.D. Daniel of Beck Redden LLP.
A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.
Cases filed against General Motors Co. over faulty ignition switches in states with permissive joinder may yield damages closer to those caused by auto accidents from defective vehicles compared with claimants that try their luck under Kenneth Feinberg's settlement plan, says Bob Langdon of Langdon & Emison.