Class Action

  • September 18, 2014

    KPMG Decries Futile Discovery 'Frolic' In $400M Sex Bias Suit

    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.

  • September 18, 2014

    Retirees Urge High Court To Uphold Lifetime Health Benefits

    Retirees bringing a class action against M&G Polymers USA LLC have asked the U.S. Supreme Court to find that their right to lifetime health care was guaranteed at retirement, claiming the issue of whether a company’s health obligation extends beyond the termination of a collective bargaining agreement should be guided by intent.

  • September 18, 2014

    BMW Tries To Turn Tables On EEOC Over Background Checks

    The federal court overseeing a U.S. Equal Employment Opportunity Commission race bias suit over BMW Manufacturing Co. LLC's use of criminal background checks in hiring should force the EEOC to hand over information on its own applicant screening practices, BMW said Wednesday. 

  • September 18, 2014

    Testosterone Booster False-Ad Row Survives Dismissal Bid

    A California federal judge ruled Wednesday that a proposed consumer class can’t seek to bar Infinitelabs LLC from making misleading claims that its supplement aids testosterone production, since the plaintiff won’t buy the product again, but allowed the remaining claims to move forward.

  • September 18, 2014

    Supreme Court Asked To Weigh Pollution Preemption

    An Iowa corn company has asked the U.S. Supreme Court to shut down a class action alleging it negligently releases harmful chemicals onto residents’ homes and properties, arguing the state-law claims are preempted by the federal Clean Air Act.

  • September 18, 2014

    2nd Circ. Tosses Iraq’s Suit Over $10B Oil-For-Food Scheme

    The Second Circuit on Thursday upheld the dismissal of Iraq's $10 billion racketeering lawsuit accusing multinational companies of helping Saddam Hussein defraud the United Nations’ so-called Oil-for-Food program, finding the Hussein regime acted as a representative of the Middle Eastern nation, which could not sue itself.

  • September 18, 2014

    Google, Consumers To Mediate Privacy Spat

    Google Inc. said on Thursday it will enter mediation talks with a group of consumers who allege Google violated privacy laws by aggregating and storing users’ data across its platforms, after a California federal judge tossed most of their claims.

  • September 18, 2014

    Redbox Sued Again For Kiosks Without Aids For Blind Users

    Redbox Automated Retail LLC on Wednesday was slapped with another proposed class action in Pennsylvania federal court alleging the company's kiosks violate the Americans with Disabilities Act because they do not offer aids that would allow visually impaired customers to rent DVDs.

  • September 18, 2014

    Eli Lilly Slams NY Cymbalta Suit As Possible MDL Looms

    Eli Lilly & Co. on Wednesday sought early dismissal of a suit alleging it failed to warn a New York man he would suffer negative withdrawal effects when he stopped taking the antidepressant Cymbalta, hoping to moot more than two dozen similar cases in proposed multidistrict litigation.

  • September 18, 2014

    Pie Maker Seeks Dough With Antitrust Class Action

    Pie company Savory Pie Guy LLC slapped dough equipment company Comtec Industries Ltd. with an antitrust class action in New York federal court on Wednesday, claiming Comtec prevents its customers from buying products from its rivals in order to maintain a monopoly.

  • September 18, 2014

    Ogletree Grabs 2 Ex-Jackson Lewis Employment Attys In Calif.

    Ogletree Deakins Nash Smoak & Stewart PC bolstered its San Diego presence this week with the addition of two former Jackson Lewis PC shareholders who represent management in employment matters, strengthening the firm’s core practice area.

  • September 18, 2014

    Coke Says Texts In Football Fan’s TCPA Suit Were Solicited

    The Coca-Cola Co. on Wednesday urged an Alabama magistrate judge to rethink his recommendation keeping alive a proposed Telephone Consumer Protection Act class action over several allegedly unsolicited text messages, arguing that the plaintiff had agreed to the exchange by sending the initiating message.

  • September 18, 2014

    Foot Locker Seeks To Exit Customer Info Collection Row

    Foot Locker Inc. on Thursday urged a California federal judge to toss a putative class action accusing it of illegally collecting and storing customers’ personal information after in-store checkouts, saying the complaint only shows the retailer asked for, but did not record, the personal identification information.

  • September 18, 2014

    HP Says Ex-Autonomy Exec Can't Block Deal Over $11B Buy

    Hewlett-Packard Co. urged a judge Wednesday to prevent the blockade of a settlement in which HP and its shareholders would ally to place blame for HP's disastrous $11.1 billion Autonomy Corp. buy on Autonomy executives, saying the former chief financial officer behind the challenge is irrelevant to the settlement.

  • September 18, 2014

    Gov't Contractor Pays $900K To Settle DOL Bias Claims

    A government contractor involved in several major projects around Washington, D.C., has agreed to pay $900,000 to settle claims it routinely subjected women and minorities to rampant discrimination and harassment, the U.S. Department of Labor announced on Wednesday.

  • September 18, 2014

    B&N Turns To Neiman Marcus In PIN Pad Breach Fight

    Barnes & Noble Inc. on Wednesday used the recent dismissal of a class action complaint against Neiman Marcus Inc. in Illinois to attack litigation over a security breach that compromised PIN pad devices in dozens of its stores, arguing that like Neiman Marcus, its customers lack standing to pursue their case against the company.

  • September 18, 2014

    Banks In CDS Class Action To Hand Over Gov't Probe Docs

    A New York federal judge overseeing a consolidated class action against banks accused of rigging the credit default swaps market approved a joint case management plan on Thursday that, among other things, requires defendants to share what they have told U.S. and European authorities probing the derivatives sector.

  • September 18, 2014

    GM Says Ga. Ignition Switch Atty Is Obstructing MDL

    General Motors LLC on Wednesday urged a New York federal judge to enter a gatekeeping order to maintain coordination in the multidistrict litigation over its deadly ignition switch defect, saying repeated court appearances by counsel in a Georgia state court action have obstructed GM’s ability to comply with the discovery process.

  • September 18, 2014

    Contractors Hit Pixar, Disney With New Anti-Poaching Suit

    Pixar Inc., The Walt Disney Co. and other animation studios were hit with a new putative class action in California federal court Wednesday alleging they conspired to fix the pay of contractors, who cited testimony from a similar antitrust case brought by engineers against Apple Inc. and other tech giants. 

  • September 17, 2014

    Home Depot Nailed With 1st Bank Suit Over Data Breach

    The Home Depot Inc. was hit with a proposed class action in Georgia federal court Tuesday, in which First Choice Federal Credit Union claims it suffered losses as a result of the home improvement store’s recent data breach — marking the first such suit brought by a financial institution.

Expert Analysis

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    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.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    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.

  • Settling After Class Denial — If Only It Were That Easy

    Michael V. Rella

    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.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    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.

  • Readying For A New First Monday

    Fred T. Isquith

    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.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    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.

  • BP Damages Will Be Punishing, Though Not Punitive

    B.D. Daniel

    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.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    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.

  • Permissive Joinder Trend In GM Cases Benefits Plaintiffs

    Bob Langdon

    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.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.