Class Action

  • November 26, 2014

    Investors Sue To Halt $35B Halliburton, Baker Hughes Deal

    Investors in Baker Hughes Inc. launched two similar putative class actions Wednesday in Delaware and Texas trying to halt the company's proposed $34.6 billion merger with Halliburton Co., arguing the board approved the deal at too low a price to avoid a proxy battle and their possible ouster.

  • November 26, 2014

    EEOC Slams Manufacturer's Bid To Revive Mass Email Suit

    The U.S. Equal Employment Opportunity Commission on Tuesday blasted manufacturer Case New Holland Inc.’s attempt to revive its suit over a mass email sent by the agency during an age discrimination probe, arguing a D.C. federal court properly chucked the suit for containing speculative allegations.

  • November 26, 2014

    Both Parties In 'Happy Birthday' Rights Row Vie For Quick Win

    A Warner Music Group Corp. unit and the plaintiff alleging the unit’s copyright for “Happy Birthday to You” is bunk each asked a California federal judge on Tuesday to gift them a quick win in the putative class action over the ubiquitous song. 

  • November 26, 2014

    Uber CEO, Execs Must Fork Over Emails In Tip Class Action

    A California federal judge ordered Uber Technologies Inc. CEO Travis Kalanick and two other executives Wednesday to hand over emails to the plaintiffs in a proposed class action accusing Uber of misleading passengers regarding what portion of their tips go to the drivers.

  • November 26, 2014

    Comcast, NHL Fight TV Viewers' Antitrust Class Cert. Bid

    Comcast Corp., the National Hockey League and others accused of colluding to harm competition in sports broadcasting recently asked a New York federal court to deny the plaintiffs’ bid for certification, saying the class was incohesive and internally conflicted, in a brief made public Tuesday.

  • November 26, 2014

    Urban Outfitters Seeks Revival Of Hanover Coverage Suit

    Retailers Urban Outfitters Inc. and Anthropologie Inc. have urged the Third Circuit to revive a coverage lawsuit over Hanover Insurance Group Inc.'s refusal to cover defense costs associated with class actions related to the collection of customers' ZIP codes, saying coverage exclusions were construed too broadly by the lower court.

  • November 26, 2014

    Staffing Cos. Sued Over No-Notice Background Check Firings

    A Kansas man on Tuesday hit two employment agencies in Maryland federal court with a proposed class action alleging that they violated the Fair Credit Reporting Act by taking adverse employment actions based on consumer reports without providing employees copies of the reports.

  • November 26, 2014

    Fund Dropped From Suit Over $3.5B Petters Ponzi Scheme

    A hedge fund operated by a man accused of funneling hundreds of milllions of dollars to convicted Ponzi schemer Thomas Petters is being dropped as a defendant in a class action alleging damages from the $3.5 billion scheme.

  • November 26, 2014

    Citi Says Fortified DR Horton Shouldn't Impact Wage Case

    Citicorp Credit Services Inc. on Tuesday told an Idaho federal court that the National Labor Relations Board’s recent reaffirmation of its D.R. Horton ruling should not bear on the court’s determination of whether to compel arbitration in a putative collective wage action.

  • November 26, 2014

    Top NY Court Clears Way For Rent-Overcharge Class Actions

    New York renters alleging overcharges may bring class action claims against landlords, New York's top court held Monday in a blow to landlords seeking to prevent tenants from banding together in court.

  • November 26, 2014

    DHB Investors Reach $37M Deal To Fund Ch. 11 Plan

    The bankruptcy estate of military body armor maker DHB Industries Inc., felled by a massive insider-trading fraud, unveiled a settlement Tuesday with victimized company investors that hands them $37 million in disputed funds in exchange for their financing a liquidation plan.

  • November 26, 2014

    High Court Asked To Snuff Out 'Stale' Vapor Cases

    Transport Services Co. of Illinois has asked the U.S. Supreme Court to reverse the Louisiana Supreme Court’s decision allowing plaintiffs in a decertified class action alleging one of the company’s trucks leaked vapor into their neighborhood to individually pursue their claims in state court.

  • November 26, 2014

    Avandia Insurers Denied Class Cert. In Suit Against Glaxo

    A Pennsylvania federal judge on Monday denied class certification to two Humana Inc. units that sued GlaxoSmithKline PLC for the cost of insuring Medicare patients harmed by its drug Avandia, saying issues of law and fact vary for proposed class members.

  • November 26, 2014

    Freedom-AIG $3M Chem Spill Coverage Deal Hits Roadblock

    Bankrupt Freedom Industries Inc., whose January chemical spill is blamed for contaminating drinking water for 300,000 West Virginia residents, told a bankruptcy court Tuesday that its settlement with AIG Specialty Insurance Co. over coverage for the spill has been tied up by objections and delays.

  • November 26, 2014

    Judge Nixes False-Labeling Suit Over Merck Sunscreens

    A California federal judge on Tuesday tossed a proposed class action claiming Merck & Co. Inc. overcharges for its Coppertone sunscreen products with sun protection factors of 55 and above, saying that the U.S. Federal Drug Administration has primary jurisdiction.

  • November 26, 2014

    Mercedes Buyers Seek Liability Ruling In Engine Defect Suit

    A California federal court was urged to find Mercedes-Benz USA liable for making and selling defective engines in certain vehicles, with a putative class arguing the automaker knew of the defect and chose to not disclose it to consumers, in violation of state consumer protection and unfair competition laws.

  • November 26, 2014

    GM Must Submit Ex-CEO's Performance Review In Defect Case

    A New York federal judge on Tuesday ordered General Motors Co. to produce a 2009 performance evaluation of its former CEO as part of a $10 billion multidistrict litigation over allegedly defective ignition switches and associated recalls.

  • November 26, 2014

    Judge OKs $1.6M Settlement In Chinese E-Retailer IPO Row

    A New York federal judge on Wednesday preliminarily approved a $1.55 million settlement in a consolidated securities class action alleging Chinese e-retailer LightInThebox Holding Co. Ltd. had misled investors about the company’s sales growth prospects ahead of its $79 million initial public offering last year.

  • November 26, 2014

    Lowey, Grant & Eisenhofer To Helm Silver Fixing Cases

    Lowey Dannenberg Cohen & Hart PC and Grant & Eisenhofer PA have been appointed co-lead counsel for silver futures buyers and sellers pursuing antitrust claims against Deutsche Bank AG, HSBC USA Bank NA and the Bank of Nova Scotia over a purported price manipulation scheme, a New York federal judge said Tuesday.

  • November 26, 2014

    Shire Backers Say AbbVie Execs Lied About Inversion Upside

    A group of Shire PLC shareholders accused executives at AbbVie Inc. on Wednesday of lying about the non-tax benefits behind the drugmakers' planned $55 billion union, the highest-profile inversion to crumble after the Obama administration unfurled restrictions to curb tax-motivated deals.

Expert Analysis

  • The Pitfalls Of Crowdfunding

    Steven Ellis

    Continued litigation, including potential class action litigation, regarding allegations of fraud by companies obtaining investments through crowdfunding is likely. And navigating through the existing hodgepodge of applicable federal statutes and regulations is no easy task, say Steven Ellis and Nicole Tate-Naghi of Goodwin Procter LLP.

  • Ascertainability Challenge Is Viable Weapon For Defense

    Melody E. Akhavan

    While it remains to be seen after Langendorf v. Skinnygirl Cocktails how high of a burden future courts will place on plaintiffs to prove an administratively feasible method for determining class membership, what is clear is that many courts appear increasingly willing to deny class certification on ascertainability grounds, says Melody Akhavan of Weil Gotshal & Manges LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Fla. Class Action Case Law Aligns With Comcast Ruling

    Richard S. Davis

    To date, it appears that no Florida appellate court decision has cited the U.S. Supreme Court's ruling in Comcast Corp. v. Behrend for guidance on class certification, yet it appears to be firmly embedded in Florida law as the state’s “reasonable methodology” standard for classwide damages, says Richard Davis of Foley & Lardner LLP.

  • Derailing Of An Expert: Lessons From Railroad Antitrust MDL

    Christopher Ondeck

    A D.C. federal judge's recent decision to unseal the transcripts and filings in the Rail Freight Fuel Surcharge Antitrust Litigation, with regard to a possible conflict of interest involving the direct purchaser plaintiffs’ expert, provides lessons for every attorney who hires or deposes experts, say Christopher Ondeck and Stephen Chuk of Proskauer Rose LLP.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of documentation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.