Class Action

  • March 2, 2015

    Objector Gets Cleared To Press Mo. Nestle Pet Food Case

    The Seventh Circuit on Monday stayed an injunction provision in an order tentatively approving a settlement agreement in a nationwide class action alleging that Nestle Purina PetCare Co. and Waggin’ Train LLC sold harmful dog treats, allowing a plaintiff to proceed with a similar statewide class action in Missouri.

  • March 2, 2015

    4th Circ. Upholds J&J Win In Vaginal Mesh Bellwether Case

    The Fourth Circuit on Monday refused to undo Johnson & Johnson subsidiary Ethicon Inc.’s win in the first bellwether case in multidistrict litigation over alleged transvaginal mesh injuries, saying there wasn’t enough evidence linking them to Ethicon’s TVT pelvic mesh product.

  • March 2, 2015

    Judge Nixes MLB Bid To Link San Jose, Minor Leaguer Suits

    A class action against Major League Baseball over pay for minor leaguers and an antitrust suit over the relocation of the Oakland Athletics have little in common other than involving the baseball antitrust exemption, a California federal judge said Monday in denying a request from the MLB to relate the two disputes.

  • March 2, 2015

    BofA’s Libor Defenses 'Smack Of Arrogance,' Lenders Say

    The Berkshire Bank and others representing a proposed class of lenders who claim they were harmed when Bank of America Corp. and other banks allegedly rigged the London Interbank Offered Rate urged a New York federal judge Monday to reject a dismissal motion, saying the defendants’ arguments “smack of arrogance.”

  • March 2, 2015

    Immigrants With Mental Disorders Get New Legal Help Deal

    The plaintiffs who successfully secured free legal representation for individuals with mental disabilities in immigration proceedings unveiled a new settlement in California federal court Friday that could reopen a slew of cases for class members ordered for deportation.

  • March 2, 2015

    KCG Pays $13M To End Investors' Suit Over $460M 'Glitch'

    A New Jersey federal judge on Monday preliminarily approved a $13 million settlement to end investors' claims that high-frequency trading house Knight Capital Group Inc. knew its internal controls were deficient that led to its $460 million one-day trading loss in 2012.

  • March 2, 2015

    Food Lion Parent Strikes $3M Deal In Background Check Suit

    A class of job applicants suing Food Lion LLC’s parent company over its background check procedures asked a North Carolina federal court Monday to sign off on a nearly $3 million settlement, potentially laying to rest claims the supermarket company violated the Fair Credit Reporting Act.

  • March 2, 2015

    Banks Can't Move Bankruptcy Debt Reporting Actions

    A New York federal judge on Monday rebuffed four lenders’ invitations to take control of class action litigation currently playing out in bankruptcy court over whether they purposefully tricked countless consumers into paying off debts that were canceled in bankruptcy.

  • March 2, 2015

    Judge Says Wells Fargo False Ad Class Claims 'Torpedoed'

    A California federal judge on Monday asked for additional briefing before ruling whether Wells Fargo Bank NA can force a Visa-branded gift card purchaser to arbitrate her claims of deceptive marketing, but noted that the plaintiffs’ argument against arbitration raised individual questions that render class claims “torpedoed.”

  • March 2, 2015

    UFC Goes For The Knockout In Fighters' Antitrust Action

    The company behind the Ultimate Fighting Championship on Friday slammed an antitrust putative class action filed by its fighters, saying claims that the UFC's exclusive deals with its mixed martial artists violate antitrust laws are "implausible" and that the contracts do more to encourage competition than suppress it.

  • March 2, 2015

    Wilmington Trust Criminal Probe May Be Close To Completion

    March could be a cruel month for former Wilmington Trust Co. officers if a federal probe into what prosecutors have called a "bank-wide scheme” to conceal past due and non-performing real estate loans in a portfolio exceeding $1.7 billion bears fruit.

  • March 2, 2015

    Chamber Slams 9th Circ. TCPA Ruling In High Court Brief

    The U.S. Chamber of Commerce has blasted the Ninth Circuit’s decision to revive a potential class action against longtime U.S. Navy advertising partner Campbell-Ewald Co. over a mass text message, arguing in an amicus brief filed with the U.S. Supreme Court that the ruling discourages settlements.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    Michael Kors Denied OT To Calif. Managers, Class Action Says

    A former Michael Kors Stores Inc. employee has claimed she was denied overtime pay and meal breaks during the two years she worked for a Michael Kors shop in a proposed class action that was removed to California federal court on Friday.

  • March 2, 2015

    Janitors Denied OT, Threatened With Deportation, Suit Says

    Cleaning crews for a New Jersey janitorial service alleging they routinely worked days' worth of unpaid overtime and were threatened with deportation if they complained have hit their employer with a putative class action in New Jersey federal court alleging violations of the Fair Labor Standards Act and state labor laws.

  • March 2, 2015

    Immigrant Detainee Sues State, Sheriff Over $1 Daily Wages

    A proposed class action filed in Massachusetts state court claims that the state and the sheriff’s office in Boston are paying immigrant detainees just $1 a day to clean bathrooms, shovel snow and perform other janitorial tasks in violation of minimum wage law.

  • March 2, 2015

    Workers In Wage, Visa Suit Press Judge For Class Cert.

    Workers accusing an amusement park company of underpaying them and forcing them to pick up H-2B visa expenses asked a Massachusetts federal court Friday for class certification, saying they have met certification requirements and that common questions predominate over individual issues.

  • March 2, 2015

    Chinese Sports-Lottery Biz Misled Investors Before IPO: Suit

    China-based Ltd. was hit with a proposed class action in California federal court Friday, alleging that in the run-up to the online sports-lottery service's 2013 initial public offering in the U.S., the company misled investors about having China's approval to conduct business.

  • March 2, 2015

    Jimmy John's Blasts 'Unending Revisions' In Class Action

    Assistant store managers suing sandwich chain Jimmy John’s LLC along with several franchisees over alleged wage violations and restrictive noncompete agreements have attempted to use a reply brief to “surreptitiously amend” their claims, which should be dismissed, the company told an Illinois federal court Friday.

  • March 2, 2015

    Wal-Mart Smacked With TCPA Class Action Over Robocalls

    A Georgia man filed a proposed class action against Wal-Mart Stores Inc. in federal court on Friday, claiming the retail giant violated the Telephone Consumer Protection Act by making at least 33 unsolicited automated calls to his cellphone over an 11-day period.

Expert Analysis

  • How To Bolster Your Ascertainability Challenge

    Cyrus Abbassi

    In a court willing to consider affidavits to ascertain class membership, a defendant has a greater chance of arguing that a class is not ascertainable where consumer affidavits are vulnerable to confusion or lapses in a purchaser’s memory, says Cyrus Abbassi of Burr & Forman LLP.

  • 11th Circ. Widens Split Over Class Action 'Pick Offs'

    Josh Jubelirer

    After Stein v. Buccaneers Limited Partnership, the Eleventh Circuit is squarely at odds with the Seventh Circuit over whether unaccepted offers of judgment moot putative class actions if made before the motion to certify the class has been filed. Stein further emphasizes the circuit split on this issue, making it ripe for consideration by the U.S. Supreme Court, say Josh Jubelirer and Jason Stiehl of Seyfarth Shaw LLP.

  • Key Employment And Immigration Issues Facing Banks Today

    James R. Wiley

    Many banks are facing class actions for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

  • St. Joseph Demonstrates Challenges For Breach Plaintiffs

    Doug Meal

    A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • 2nd Circ. Unlikely To Change Class Action Status Quo

    David D. Yeagley

    It does not appear that the Second Circuit’s decision in Roach v. T.L. Cannon Corp. will usher in a new era of class action certifications. Rather, it seems the court is reading the majority opinion in Comcast Corp. v. Behrend like the dissent — that the majority opinion did not significantly alter the Rule 23 landscape, says David Yeagley of Ulmer & Berne LLP.

  • Emerging Trends In Corporate Sustainability Reporting

    Sara K. Orr

    Recently, a potential new legal trend has emerged in which plaintiffs are filing product liability and securities class actions against companies by invoking claims related to environmental, social and governance or sustainability statements. This development demonstrates the risks associated with issuing ESG statements as some consumers and investors will not hesitate to litigate their accuracy or materiality, say Sara Orr and Bar... (continued)

  • Plaintiffs Look Beyond Labels And Toward Product Testing

    James P. Muehlberger

    Food and nutraceutical companies are increasingly facing a new type of purported class action, one where plaintiffs arrive armed with results from alleged product testing. Knowing how to respond to a product testing claim is vital, particularly now with product testing websites and crowdfunded research, say James Muehlberger and Jeff Lingwall of Shook Hardy & Bacon LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.