Class Action

  • December 7, 2016

    Ex-NCAA Player Can’t Appeal Partial Toss Of Antitrust Suit

    An Indiana federal judge on Tuesday refused to grant a former football player’s attempt to appeal a recently dismissed claim in his antitrust suit against the NCAA over its scholarship restrictions and transfer rules, ruling that the other claim in the suit must be adjudicated before any appeal.

  • December 7, 2016

    Trump Golf Club Can't Escape Refund Class Action

    A Florida federal judge on Wednesday denied a request by a Donald Trump-owned golf club to reconsider his decision not to dismiss or decertify a refund class action by members of the club's former incarnation, saying he will address the issues when he rules on the August trial.

  • December 7, 2016

    Hyundai Motor Finance Can't Use Spokeo To Evade TCPA Suit

    A California federal judge on Tuesday refused to nix a Telephone Consumer Protection Act lawsuit against Hyundai Motor Finance, rejecting the auto financing company's assertion that persistent robocalling didn’t rise to the level of concrete harm required by the U.S. Supreme Court’s Spokeo decision.

  • December 7, 2016

    Class Action MVP: Labaton Sucharow's Jonathan Gardner

    Labaton Sucharow LLP's Jonathan Gardner has built a reputation for stacking up strong cases for investors accusing major companies like Nu Skin and Barrick Gold of securities fraud, netting almost $275 million for his clients last year and earning him a spot among Law360's Class Action MVPs.

  • December 7, 2016

    Adobe’s $540M TubeMogul Deal Challenged By Investors

    Advertising software company TubeMogul Inc.’s board of directors and CEO agreed to Adobe’s $540 million acquisition offer despite the deal’s overly restrictive terms and undervalued price, a proposed class of TubeMogul shareholders alleged in California federal court Tuesday.

  • December 7, 2016

    Medical Group Pays $9.3M To Settle TCPA Junk Fax Claims

    A Louisiana-based radiation treatment center's class action lawsuit accusing a medical group of engaging in a massive junk fax campaign that violated the Telephone Consumer Protection Act reached its conclusion Tuesday as a federal judge stamped final approval on a settlement worth nearly $9.3 million.

  • December 7, 2016

    UBS, Banco Popular Unit See $5M Investor Suit Pared

    A Manhattan federal judge on Wednesday largely pared a $5 million proposed class action alleging that UBS AG and a Banco Popular subsidiary steered older investors into risky and volatile mutual funds, finding many claims to be time-barred.

  • December 7, 2016

    LG Chem To Pay $39M To Settle Battery Price-Fixing Claims

    LG Chem Ltd. has agreed to pay indirect purchasers of lithium ion batteries $39 million to settle claims in multidistrict litigation that it colluded with other electronics manufacturers to fix the price of batteries, according to a proposed settlement filed in California federal court Wednesday.

  • December 7, 2016

    Staples Hit With Suit Over Rewards Program Calculations

    Staples Inc. is misleading consumers about the way it tallies up rewards points by cheating them on transactions in which they use coupons, according to a proposed class action filed in California on Wednesday.

  • December 7, 2016

    Honest Co. Can't Dodge False Ad Suit Over 'Natural' Label

    A California federal judge denied The Honest Co.'s bid to stop a putative class action claiming consumers overpaid for products in actress Jessica Alba’s beauty care line based on false promises that its cleaning products are natural and that its sunscreen is effective.

  • December 7, 2016

    Navistar Agrees To Reforms After Securities Settlements

    Navistar International Corp. on Tuesday agreed to implement corporate governance reforms to settle a derivative lawsuit in Illinois federal court over allegedly false or misleading statements made about the development of a reduced-emissions engine, which already caused the company to pay millions of dollars to shareholders and the federal government.

  • December 7, 2016

    Colitis Drug Buyers Fight Doc Requests In Antitrust Row

    Direct purchasers in a consolidated proposed antitrust class action over an ulcerative colitis treatment asked a Massachusetts federal judge to not force them to produce documentation on nine other related drugs, arguing Tuesday that such requests are unnecessary and burdensome.

  • December 7, 2016

    Blind Uber Riders' Attys Win $2.38M In Fees In ADA Deal

    A California federal judge on Tuesday awarded $2.38 million in fees to attorneys for the National Federation of the Blind of California, granting final approval to its settlement with Uber Technologies Inc. over allegations that drivers violated the Americans with Disabilities Act by refusing rides to blind customers with service animals and rebuffing Uber’s objections to the fee amount. 

  • December 7, 2016

    Litigant Blasts Spokeo's Case Citations In 9th Circ.

    The man behind a proposed Fair Credit Reporting Act class action that’s back before the Ninth Circuit after a landmark U.S. Supreme Court decision has said the rulings that Spokeo Inc. cites in support of its efforts to end the litigation aren’t particularly recent or favorable to the company’s position.

  • December 7, 2016

    Dunkin’ Donuts Gets Coffee Sales Tax Suit Dumped

    Dunkin’ Donuts dodged a proposed class action on Tuesday when an Illinois federal judge dismissed the suit alleging that a store in a south suburb of Chicago charged an excessive amount of sales tax on bulk purchases of coffee beans.

  • December 7, 2016

    Patients Urge 7th Circ. To Keep Eye Drop Class Cert.

    Glaucoma patients accusing Allergan Inc. and other drugmakers of using eye drop bottles that dispense overly large drops defended a lower court’s decision to certify their classes, telling the Seventh Circuit on Tuesday that determining whether a certain dropper size is appropriate for all patients is a classwide question.

  • December 7, 2016

    Judge Changes Mind On Decert. Bid In Haitian Worker Suit

    A Florida district judge changed his mind Tuesday and moved to decertify a class of Haitian workers accusing a blueberry farm of national origin-based discrimination, less than a week after reaching the opposite conclusion and only a couple days before trial is set to begin.

  • December 7, 2016

    Kraft Can't Pause Cheese Suit For Pending FDA Regs

    A California federal judge Tuesday refused to temporarily pause a class action accusing Kraft Foods Group Inc. of falsely advertising its artificially colored cheddar cheese while the company waits for federal regulators to define what’s “natural,” saying the U.S. Food and Drug Administration's guidance is irrelevant to the central issue of the case.

  • December 7, 2016

    Body Shops’ Filing Error Ends 11th Circ. Insurer Suit

    The Eleventh Circuit on Tuesday said a group of automotive repair shops cannot reinstate claims against State Farm Mutual Automobile Insurance Co. and other insurers over an alleged scheme to manipulate vehicle repair costs, shooting down arguments that the court was at fault for the lateness of their appeal.

  • December 6, 2016

    Fla. Exotic Dancers Certified For Collective Wage Suit

    A Florida federal court has granted a group of exotic dancers preliminary certification to move forward with a Fair Labor Standards Act collective action against the owners of two adult entertainment clubs they claim have not been paying proper minimum wage or overtime.

Expert Analysis

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Spokeo 6 Months Later: An Undeniably Dramatic Impact

    Ezra D. Church

    The U.S. Supreme Court's Spokeo decision immediately sparked predictions in the class action bar as to the future of statutory damage claims in consumer class actions. And that issue is being vigorously litigated in federal courts throughout the country. Attorneys at Morgan Lewis & Bockius LLP take stock of the decision’s initial impact and some trends observed to date.

  • Judicial Treatment Of Interrelated Acts: Part 1

    Rory Eric Jurman

    Courts have reached varying conclusions regarding the extent to which claims must be related in order to constitute a single claim under an insurancy policy. Rory Jurman and Steven Cula of Fowler White Burnett PA explain the question of interrelatedness and discuss how various states have approached the issue.

  • Making 'Made In USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Judge Cries Foul On MLB Protective Netting Class Action

    Steve Cernak

    Unfortunately for the plaintiffs, because they failed to show that there was a credible or immediate threat that they would be struck by a foul ball while attending a future MLB game, the court dismissed their allegations on Article III standing grounds, and therefore avoided the thornier issues regarding the continuing applicability of the Baseball Rule to the modern sport of baseball, say Steve Cernak and Matthew Kennison of Schiff Hardin LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • How CFPB Plans To Regulate Certain Cellphone Carriers

    Brian T. Casey

    Mobile phone carriers that engage in third-party billing services may soon be considered to be providing products covered by the Consumer Financial Protection Bureau. This proposed change represents a number of major issues for the mobile phone industry and possibly the service contract and insurance industries, say Brian Casey and Aaron Igdalsky of Locke Lord LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Sugar Industry Documents May Impact Litigation

    Heather Counts

    Litigation targeting products that contain added sugar is on the rise, and plaintiffs attorneys are expanding their playbook. Public health researchers are analyzing internal sugar industry documents for evidence of attempts to influence policy and more. With researchers turning their focus to sugar, food and beverage makers should be on high alert, say Heather Counts, Liz Blackwell and Sue Werstak of Thompson Coburn LLP.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.