Class Action

  • July 31, 2015

    Goldman To Drop $270M To Settle $6B RMBS Suit

    Goldman Sachs Group & Co. has tentatively agreed to pay $270 million to resolve a putative class action brought by a union pension fund accusing the investment banking giant of selling $6 billion in shoddy residential mortgage-backed securities, according to multiple media reports published Friday.

  • July 31, 2015

    Cohen Milstein Lands $73M For MBS Settlement With Banks

    A New York federal judge signed off Friday on a $73.4 million fees and costs award to Cohen Milstein Sellers & Toll PLLC in a $235 million settlement ending a class action brought by a pension fund against three financial giants over Residential Capital LLC mortgage-backed securities.

  • July 31, 2015

    Attys Tell Justices 6th Circ. Wrongly Revived FDCPA Suit

    Zwicker & Associates PC asked the Supreme Court to quash a class action claiming the firm violated the Fair Debt Collection Practices Act by asking for attorneys fees in a separate debt collection suit, saying allowing liability under the law tramples lawyers' constitutional rights.

  • July 31, 2015

    State Law Governs DirecTV Arbitration Row, High Court Told

    The U.S. Supreme Court has accepted seven amicus briefs on behalf of a class of California DirecTV customers challenging an arbitration provision in user agreements, in which professors and others contended that the case is a contract dispute subject to state, not federal, law.

  • July 31, 2015

    JPML Merges Clean Water Rule Cases In 6th Circ.

    The U.S. Judicial Panel on Multidistrict Litigation has merged before the Sixth Circuit a dozen lawsuits challenging the controversial new U.S. Environmental Protection Agency rule clarifying which U.S. waterways are subject to federal jurisdiction.

  • July 31, 2015

    NHL Must Produce Medical Records In Concussion Suit

    A Minnesota federal judge on Friday ordered the National Hockey League and its teams to produce de-identified medical records in the multidistrict litigation filed by former players over  the long-term effects of concussions, saying the anonymized data would not violate privacy protections.

  • July 31, 2015

    9th Circ. Won't Revive Netflix Privacy Class Action

    The Ninth Circuit affirmed Friday that Netflix Inc. didn’t violate the Video Privacy Protection Act by allowing subscribers’ family members, friends or guests to view users’ viewing histories and other information, because the password-protected information was only disclosed to consumers.

  • July 31, 2015

    Schwab Urges High Court To Quash Risky CMO Class Action

    Schwab Investments has petitioned the U.S. Supreme Court to review a Ninth Circuit decision that revived a proposed class action accusing it of making risky bets on collateralized mortgage obligations despite policies outlined in investment guidelines, arguing the plaintiffs had no standing to sue in the first place.

  • July 31, 2015

    Cablevision Investor Appeals Dismissal Of 'Nepotism' Suit

    The shareholder who pressed derivative claims that Cablevision Systems Corp.'s stock value had been diluted from “nepotism run amok” by the controlling Dolan family appealed Friday a Delaware Chancery judge’s decision that the case didn’t warrant judicial intervention into the cable company’s business decisions.

  • July 31, 2015

    Forest Labs Says Sex-Bias Plaintiffs Lack Evidence

    Forest Laboratories Inc. urged a New York federal court Thursday to reject a class certification bid by employees who filed a $100 million lawsuit accusing the drugmaker of bias against female workers, saying the workers haven’t shown any evidence of bias, let alone commonality.

  • July 31, 2015

    Freeborn & Peters Adds Ex-Schiff Hardin Fire Practice Head

    The founding chairman of Schiff Hardin LLP's international fire and explosion team has joined Chicago-based Freeborn & Peters LLP as a partner, where he will head a similar group that deals with the aftermath of fires, explosions and other disasters. 

  • July 31, 2015

    Mitsubishi Fuso Can't Shake Truck Engine Defect Claims

    A Florida grocery store chain’s putative class action alleging emission controllers in Mitsubishi Fuso Truck of America’s truck engines were defective survived Thursday when a New Jersey federal judge denied most of the truck makers’ motions to strike class allegations and breach of warranty claims.

  • July 31, 2015

    Cigna Shareholder Sues To Halt $54B Anthem Acquisition

    A Cigna Corp. shareholder filed a proposed class action on Friday, asking the Delaware Chancery Court to block the Connecticut company's $54 billion acquisition by fellow health insurance giant Anthem Inc., alleging that the deal constitutes a breach of fiduciary duty by Cigna directors.

  • July 31, 2015

    Judge Says Fees Appear 'Exorbitant' In Dollar Tree OT Deal

    A Virginia federal judge on Friday blasted a $300,000 settlement between Dollar Tree Stores Inc. and a class of employees suing the discount retailer for off-the-clock and overtime pay, saying the deal’s $1.9 million attorneys’ fee award appears "exorbitant" given the size of the settlement.

  • July 31, 2015

    Medical Informatics Sued Over Data Breach Affecting 4M

    A proposed class action filed in Indiana federal court has accused Medical Informatics Engineering Inc. of ignoring warning signs that its security systems were inadequate to prevent a recently disclosed data breach exposing medical information and other data on nearly 4 million Americans.

  • July 31, 2015

    NJ Devils Ticket Holders Get Another Shot On Resale Suit

    A New Jersey federal judge on Thursday denied the New Jersey Devils' motion to dismiss a putative class action claiming the team is trying to control the market for game tickets, to allow the plaintiffs to file an amended complaint bringing breach of contract claims against the team.

  • July 31, 2015

    7th Circ. Refuses To Adopt Tighter Class Cert. Standard

    The Seventh Circuit upheld class certification in a suit against Direct Digital LLC over claims its supplements aren't clinically proven to improve joint health on Tuesday, refusing to adopt a Third Circuit holding that plaintiffs must show they can identify class members.

  • July 31, 2015

    Energy Drink Co., CEO Escape Some Claims In False Ad Suit

    An Arizona federal judge ruled Thursday that the CEO of Vemma Nutrition Co. can’t be treated as an alter ego for the company in a proposed class action accusing Vemma of using bogus studies to support health benefits listed on its energy drinks, dismissing all claims against the executive.

  • July 31, 2015

    Milk, Cheese Buyers End Antitrust Suit Against Dairy Co-Op

    Consumers have ended their class action against the Dairy Farmers of America Inc., a leading dairy cooperative, over an alleged plot to drive up milk and cheese prices, according to a Thursday filing in Illinois federal court.

  • July 31, 2015

    NCAA Granted Stay To Delay Student-Athlete Pay By 9th Circ.

    The Ninth Circuit agreed Friday to pause an injunction requiring the National Collegiate Athletic Association to lift its ban on universities compensating male football and basketball players until the court rules on the merits of the antitrust challenge to the policy.

Expert Analysis

  • Rebutting Fraud On The Market

    Michelle Reed

    The most recent Halliburton class certification decision addressed one of the key questions left open after the U.S. Supreme Court’s ruling last year — the level of proof necessary to rebut the fraud-on-the-market presumption, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Shedding Light On Conn.'s Pay Secrecy Law

    Daniel L. Schwartz

    Connecticut's Public Act No. 15-196 provides employees in the state with a private right of action against alleged gender pay discrimination. Employees may file a complaint alleging a violation of the law in any court of competent jurisdiction, and the language of the law appears to contemplate collective or multiple plaintiff lawsuits, say Daniel Schwartz and James Leva of Day Pitney LLP.

  • Lessons From 5th Circ. Application Of Scienter Standard

    David Dodds

    The Fifth Circuit’s recent dismissal of a federal securities fraud class action that arose out of the failure of Guaranty Bank serves as a reminder that even where some specific allegations tend to support an inference of scienter, they may not invariably lead to a finding of the required “strong inference,” says David Dodds of Haynes and Boone LLP.

  • FIFA Avoids Concussions — For Now

    Ronald S. Katz

    Amid its well-publicized legal woes, FIFA recently dodged a legal bullet when it was dismissed with prejudice from a concussion class action filed by soccer players and parents. However, it is not likely that this speck of good fortune will last, for at least three reasons, says Ronald Katz, head of Manatt Phelps & Phillips LLP's sports law practice.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Beer Lawsuits Brew Caution For Country-Of-Origin Labeling

    Richard A. Mojica

    A recent flurry of class actions brought under state consumer protection laws in California, Florida and New York involving country-of-origin labeling violations by beer companies serves as a reminder that domestic companies must exercise caution when advertising a product as "imported" or "Made in the USA," say Richard Mojica and Austen Walsh of Miller & Chevalier Chartered.

  • A Standing Ovation For Plaintiffs In Data Breach Cases

    Priya Roy

    Why did the Seventh Circuit find standing in the Neiman Marcus case when the vast majority of data breach cases have been dismissed on standing grounds? Comparing the case to other recent decisions provides some guidance, but it also raises concerns that a company’s data breach response and remedial measures may be used against it as evidence of harm, says Priya Roy of Montgomery McCracken Walker & Rhoads LLP.

  • Absent Class Members And Constitutional Standing

    Christopher J. Michie

    Will the decision in Neale v. Volvo Cars of North America LLC cause district courts to adopt a more relaxed view of the injury requirement in terms of the predominance analysis in class action certification? It is here that the Third Circuit’s discussion of the Comcast decision presents the potential for misinterpretation, says Christopher Michie of Clark Michie LLP.