Class Action

  • July 6, 2015

    Gasoline Refiners Escape Pa. Water Contamination Claims

    A New York federal judge has dismissed three counts against a group of gasoline refiners, distributors and others that Pennsylvania has accused of groundwater contamination, saying they didn’t own the release sites and that the state doesn’t exclusively control the groundwater.

  • July 6, 2015

    Endo, Impax Look To Nix Opana Pay-For-Delay Suits

    Endo Pharmaceuticals Inc. and Impax Laboratories sought Friday to dismiss proposed class actions claiming Endo paid more that $112 million to delay a generic version of painkiller Opana ER, saying the plaintiffs hadn’t stated a claim under the U.S. Supreme Court’s Actavis ruling.

  • July 6, 2015

    Class Attys Blast Objections To Fees In EA, NCAA Deals

    Plaintiffs in a case over allegations of antitrust violations and the improper use of a class of student athletes' likenesses have blasted objections to two settlements totaling $60 million reached with Electronic Arts Inc. and the National Collegiate Athletic Association, saying the objectors fundamentally misunderstand the settlement terms.

  • July 6, 2015

    DuPont Gets Claims Trimmed In Drinking Water MDL

    An Ohio federal judge on Monday handed DuPont Co. a partial win in multidistrict litigation over contaminated drinking water, knocking down certain claims focused on product liability, consumer protection and other areas involving a handful of plaintiffs.

  • July 6, 2015

    Fee Row In Bayer GMO Class Action Can Proceed, Judge Says

    A Missouri federal judge on Monday refused to dismiss claims from a dispute over fees between lawyers who represented farmers in crop contamination class action against Bayer AG, rejecting the defendants’ argument that it was their clients, and not the attorneys themselves, who benefited from shared legal services.

  • July 6, 2015

    Dealertrack Investor Seeks To Halt $4B Cox Auto Merger

    An investor in business software company Dealertrack Technologies Inc. launched a putative class action in Delaware Chancery Court on Monday seeking to halt its $4 billion acquisition by Cox Automotive Inc., arguing it undervalues the target and secures the CEO and other brass millions in windfalls at shareholders’ expense.

  • July 6, 2015

    Immigrant Groups Seek Judgment In Work Permit Delay Suit

    Immigrants rights groups and non-citizens suing U.S. Citizenship and Immigration Service over processing delays for work permit applications have asked a Washington federal court to grant them judgment, saying it’s “undisputed” the agency doesn’t adjudicate the forms on time.

  • July 6, 2015

    $75M NCAA Deal Objector's Atty Can't Rep Injury Class

    The Illinois federal judge overseeing the NCAA concussion multidistrict litigation on Monday denied a bid by former San Diego State football player Anthony Nichols, who has opposed the $75 million proposed settlement in the case, for his attorney to represent the personal injury class.

  • July 6, 2015

    HP Blasts Autonomy Objector's Bid For $2.3M In Atty Fees

    Hewlett-Packard Co. urged a California federal judge on Monday to deny a bid for $2.3 million in attorneys' fees by an objector to the company’s settlement with shareholders over its acquisition of Autonomy Corp., saying the objector hampered the case.

  • July 6, 2015

    NFL Tells 8th Circ. To Ignore Challenge To $42M Player IP Deal

    The NFL added its opposition Monday to a request for an Eighth Circuit rehearing of a $42 million settlement between the league and nearly 25,000 players over the use of their likenesses in NFL-sponsored TV shows, saying both a district court and a panel already addressed the relevant facts in the case.

  • July 6, 2015

    'Masterful' Judge Credited For BP Case's Timely End

    U.S. District Judge Carl Barbier's management of the complex litigation surrounding BP Exploration & Production Inc.'s role in the Deepwater Horizon disaster helped bring a prompt end to the proceedings, which experts say could have dragged out much longer.

  • July 6, 2015

    Pentair Says Pool Product Antitrust MDL Deal Should Be OK'd

    Pentair Water Pool & Spa Inc. on Monday urged a Louisiana federal judge to approve a $600,000 preliminary settlement with indirect purchasers over multidistrict litigation claiming that it conspired with other companies to restrict the supply of pool products.

  • July 6, 2015

    J&J Hit With 2 Baby Sleep Aid False Ad Class Actions

    Johnson & Johnson was hit with putative class actions on Thursday in California and New York federal court accusing the company of falsely advertising that its line of “clinically proven” bedtime bath products help babies sleep easier when they don’t.

  • July 6, 2015

    SynQor Fights Bid To Resurrect Del. Chancery Buyout Suit

    SynQor Inc. has urged the Delaware Supreme Court not to revive a shareholder class action over a buyout deal, arguing that the Delaware Chancery Court correctly evaluated its deal based on the high court’s landmark MFW ruling, which set a relaxed standard for reviewing insider transactions.

  • July 6, 2015

    3rd Circ. Urged To Reject Horizon Blue Cross Settlement

    A group of objectors to a class action settlement between Horizon Blue Cross Blue Shield of New Jersey and a class of health care service providers resolving claims over unpaid reimbursements on Monday pushed the Third Circuit to reject the deal, emphasizing that it accomplishes nothing.

  • July 6, 2015

    Vitol Reaches $2M Deal With NJ Over MTBE Claims

    Switzerland-based oil trader Vitol SA has reached a $2.15 million settlement with New Jersey to exit federal litigation in which the state has sought to hold dozens of companies responsible for the pollution of its waters with a gasoline additive, according to a notice in the state Register on Monday.

  • July 6, 2015

    Baseball Scouts Hit MLB With Antitrust, OT Class Action

    Major League Baseball conspired to prevent baseball scouts from moving between teams and stiffed them on overtime pay, according to a proposed class action filed in New York federal court claims, echoing similar allegations brought by minor league players.

  • July 6, 2015

    Whole Foods Looks To Crumble Cookie Labeling Class Action

    Whole Foods Market Group Inc. asked a Missouri federal judge on Friday to dismiss a proposed class action accusing it of falsely labeling and advertising the sugar content of a package of all-natural cookies, arguing that the total amount of sugar was provided on the label and that the U.S. Food and Drug Administration has no explicit rule against its practice of referring to sugar by alternate names.

  • July 6, 2015

    Verizon Wants Sanctions In Robocall Class Action Scaled Back

    Verizon Wireless LLC has told a California federal judge that it shouldn’t bear sanctions for discovery misconduct in a proposed putative class action over debt-collection robocalls, arguing a contracted debt collector committed the misconduct, and should face the sanctions alone.

  • July 6, 2015

    IT Worker Says Cantor Fitzgerald Tried To Avoid OT Wages

    Cantor Fitzgerald Securities Inc. has been hit with a class action by a member of its tech support staff who claims the company tried to force him and other members of his team into signing away their rights to overtime.

Expert Analysis

  • Considering What 'Consent' Really Means Under The TCPA

    Jeffrey A. Backman

    Three primary issues have emerged around the Telephone Consumer Protection Act — the expanding definition of automatic telephone dialing systems, the narrowing definition of “consent” and what is required to validly revoke prior consent. Soulliere v. CFI Resorts Management Inc. provides a glimpse of the uncertainty surrounding what is required to effectively revoke consent under the TCPA, say Jeffrey Backman and Scott Wellikoff of ... (continued)

  • Neither 'Junk' Nor 'Healthy' Food Cos. Are Safe From FDA

    Leigh Ann Benson

    While regulatory action from the U.S. Food and Drug Administration against “junk food” products, trans fats and partially hydrogenated oils is not surprising, the FDA's letter to Kind LLC surprised many food and beverage industry observers given the company's position as a leader in the market of “healthy” snack products, says Leigh Ann Benson of Cozen O’Connor PC.

  • Using Big Data In Gathering Expert Testimony

    Mike DeCesaris

    In high-stakes litigation, the role of data in supporting expert testimony is growing rapidly at a time when there has been an explosion in the number of database platforms and software tools. Given that expert discovery timelines have not expanded to reflect this increased size and complexity, these trends have important implications for required computing resources and expertise, says Mike DeCesaris of Cornerstone Research Inc.

  • Can Consumer Privacy Slow The Rise Of TCPA Class Actions?

    Heather Cantua

    Given recent case law, perhaps some courts are placing a higher value on customer privacy than on runaway Telephone Consumer Protection Act class actions. Regardless, if phone carriers continue to succeed in withholding customer information, then the impact on plaintiff efforts to ascertain and certify TCPA cellphone classes could be significant, say attorneys at Reed Smith LLP.

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)

  • Coupon Sales Tax Rules Create Thorny Compliance Problems

    Adam P. Beckerink

    The crux of the issue in Wong v. Whole Foods Market Group Inc. and similar cases around the country is whether, when a customer uses a coupon, sales tax should be collected on the full retail price or the discounted price. The 44 states, plus the District of Columbia, that levy sales taxes deal with this issue differently, resulting in a Herculean compliance task for multistate businesses, say attorneys with Reed Smith LLP.

  • Madden Has Far-Reaching Implications For Loan Investors

    Scott A. Cammarn

    The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • Uniforms And Unpaid Interns And Minimum Wage! Oh, My!

    Michael J. Puma

    Three hot topics in wage-and-hour law for employers today are uniform policies, unpaid internships and minimum wage requirements. With pressure from media coverage, political and social justice organizations and plaintiffs’ counsel, employers should adopt certain best practices to avoid liability and reduce the risk of class action litigation, say attorneys at Morgan Lewis & Bockius LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)