Class Action

  • March 31, 2015

    Panasonic To Pay $5.4M To Settle Auto Parts Price-Fixing Suit

    Panasonic Corp. will pay $5.4 million to settle auto dealerships' allegations in three Michigan federal suits that it fixed prices on switches and other parts, after striking a separate $17.1 million deal in the multidistrict litigation, a Monday filing said.

  • March 31, 2015

    Wal-Mart Escapes Investor Suit Over Mexican Bribery Claims

    An Arkansas federal judge on Tuesday dismissed a consolidated shareholder derivative suit accusing Wal-Mart Stores Inc.'s board of concealing Mexican bribery claims from investors, ruling the plaintiffs failed to show the board knew about the supposed bribery or alleged efforts to torpedo a thorough investigation.

  • March 31, 2015

    HSBC Must Face Suit Over 271 RMBS Trusts

    A New York federal judge on Tuesday took the reins in a suit accusing HSBC Bank USA NA of shirking its duties as trustee for 271 residential-mortgage-backed securities trusts after determining the district court had subject matter jurisdiction over the case.

  • March 31, 2015

    J&J Must Face 'Natural' Aveeno Sunscreen Class Action

    A Connecticut federal judge on Tuesday refused to dismiss a proposed class action accusing Johnson & Johnson of mislabeling some Aveeno brand sunscreen products as “naturally sourced” when they actually contain mostly synthetic ingredients.

  • March 31, 2015

    Hospital Data Breach Invites FCRA Claims, 7th Circ. Told

    The Seventh Circuit on Tuesday was asked to revive a proposed class action accusing Advocate Health and Hospitals Corp. of violating the Fair Credit Reporting Act by failing to safeguard health data stolen from its offices, with the plaintiffs claiming that the law’s reach can extend beyond consumer reporting agencies to hospitals.

  • March 31, 2015

    NLRB Won't Let Workers Drop Arbitration Pact Charge

    The National Labor Relations Board refused Monday to let ex-workers who sued a limousine company that made them sign allegedly unlawful arbitration pacts with class-action waivers withdraw their NLRB charge, though the ex-workers agreed to seek withdrawal as part of a settlement in a related wage suit.

  • March 31, 2015

    Exide Investors Seek Class Cert. In Enviro Issues Suit

    Shareholders of bankrupt automotive and industrial battery maker Exide Technologies Inc. on Monday urged a California federal judge to certify their investor class action, arguing that the putative class suffered a common injury when Exide executives hid the company’s failure to comply with environmental regulations.

  • March 31, 2015

    HP Seeks $5.1B from Autonomy Execs Over Fraud Allegations

    Hewlett-Packard Co. followed up on earlier indications and filed suit in a London court this week against two former Autonomy Corp. executives seeking $5.1 billion in damages over “fraudulent activities,” according to a statement released by the company Tuesday.

  • March 31, 2015

    Carnival Co. Bashes Worker Cert. Order In Visa, Wage Row

    A carnival company accused of underpaying employees and forcing them to pay visa expenses took issue with the workers’ proposed order for class certification Monday, saying their demands far exceed what was discussed in court.

  • March 31, 2015

    Riddell Class Claims Nixed From Faulty Helmet Suit

    An Indiana federal judge on Tuesday struck class allegations in a suit claiming that Riddell Inc. sold football helmets to colleges and universities that failed to protect National Collegiate Athletic Association athletes from head injuries, finding that the class definition was overbroad.

  • March 31, 2015

    Ex-Merck VP Says Investors 'Overstate' Omnicare Impact

    Attorneys for a former Merck & Co. Inc. vice president accused of lying about study results on Vioxx's heart attack link told a New Jersey federal court Tuesday that, contrary to the investors' argument, the U.S. Supreme Court's recent Omnicare ruling actually supports his motion to dismiss the case.

  • March 31, 2015

    Ranbaxy, AstraZeneca Say Plaintiffs Lack Basis For New Trial

    Ranbaxy Inc. and AstraZeneca PLC urged a Massachusetts federal court Monday to deny a bid by plaintiffs who lost a recent pay-for-delay class action trial over the heartburn drug Nexium to file a supplemental submission, saying it provided no basis for a new trial.

  • March 31, 2015

    Hershey Kisses Goodbye To Food Labeling Class Action

    A California federal judge on Tuesday tossed a putative consumer class action against The Hershey Co. alleging it misled customers about antioxidants in its chocolate and cocoa products, ruling that the evidence didn’t show the labeling was likely to misinform a reasonable consumer.

  • March 31, 2015

    SD County Native American Custody Hearings Ruled Illegal

     A federal judge concluded Monday that procedures implemented over the past four years during emergency custody hearings for Native American children in a western South Dakota county violate federal law, implicating a state judge and state officials who executed the policies and are defendants in the class action suit.

  • March 31, 2015

    Insurers Prevail In $18M Junk Fax Deal Coverage Dispute

    An Illinois federal judge on Tuesday ruled that Hartford Casualty Insurance Co. and Twin City Fire Insurance Co. don't have to cover a policyholder's nearly $18 million junk fax class settlement, holding that exclusions in the policies for Telephone Consumer Protection Act violations clearly apply to bar coverage.

  • March 31, 2015

    Mizuho, Resona, ICAP Dismissed From Yen Libor Class Action

    A New York federal judge on Tuesday dismissed a pair of Japanese banks and a London-based markets operator from class action litigation alleging some of the world’s banks fixed yen-denominated Libor rates, saying plaintiffs did not prove a direct link between the defendants and the United States.

  • March 31, 2015

    Syngenta Rejects Cargill, ADM Bid To Remand GMO Corn Suits

    Syngenta Corp. on Monday urged a Kansas federal judge to reject a bid by Cargill Inc. and Archer Daniels Midland Co. to remand to state court suits over its genetically modified corn seed, arguing the alleged “international trade incident” over China’s delayed approval belongs in federal court.

  • March 31, 2015

    Willkie Slow To Produce Materials In Swipe Fee MDL: Target

    Target Corp. and other merchants objecting to multibillion-dollar MasterCard Inc. and Visa Inc. swipe fee settlements told a New York federal judge Monday that Willkie Farr & Gallagher LLP has dragged its feet in providing sensitive communications sent by an indicted former partner that they argue may undermine the deals.

  • March 31, 2015

    ‘Shotgun Pleading’ Sinks Wal-Mart Juice-Labeling Claims

    A proposed class action’s complaint accusing Wal-Mart Stores Inc. of intentionally mislabeling a beverage as “100% Cranberry Pomegranate Juice” to conceal that it’s actually a mix of water and other juice concentrates was stricken by a Florida federal judge on Tuesday due to “shotgun pleading.”

  • March 31, 2015

    Honeywell Steams Most Claims In Faulty Humidifier Suit

    Honeywell International Inc. shed most claims against it Monday in a class action accusing the company of breaching its warranty by selling defective humidifiers that allegedly leak scalding water and fall apart after becoming clogged with mineral deposits.

Expert Analysis

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Calling The High Court On TCPA And Sovereign Immunity

    Lewis S. Wiener

    If the U.S. Supreme Court grants certiorari in Gomez v. Campbell-Ewald, the case will be one of first impression and could clarify the scope of derivative sovereign immunity for government contractors performing duties within the scope of delegated authority and whether such immunity can apply to Telephone Consumer Protection Act claims, say attorneys at Sutherland Asbill & Brennan LLP.

  • Ride App Class Actions May Impact 1099 Business Model

    Richard J. Reibstein

    The separate decisions by federal judges in class actions against Uber Technologies Inc. and Lyft Inc. to permit juries to decide whether the companies' drivers are employees or independent contractors may have far-reaching implications for companies that use a 1099 business model and fail to properly structure and document independent contractor relationships, say attorneys at Pepper Hamilton LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • A Closer Look At Madoff Victims' PwC, Citco Suit

    Christine Vargas Colmey

    A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • Lower Courts Missing The Point Of Halliburton II

    John S. Williams

    Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • Federal Judge Puts Tito’s Safe-Harbor Claim On The Rocks

    Thomas J. Cunningham

    On March 18, a federal judge in San Diego issued an eagerly anticipated ruling on a motion to dismiss filed by Fifth Generation Inc. — the producer of Tito’s Handmade Vodka. In issuing its ruling, the court became the first to offer an opinion on the merit of claims made in numerous similar cases filed across the country against a number of spirits producers, say Thomas Cunningham and Simon Fleischmann of Locke Lord LLP.