Class Action

  • May 25, 2016

    Saint Francis Hospital Pays $107M To End Pension Suit

    Saint Francis Hospital and Medical Center has agreed to pay $107 million to settle a proposed class action in which workers claim it violated the Employee Retirement Income Security Act by underfunding its pension plan by nearly $140 million.

  • May 25, 2016

    Snapchat's Facial Data Gathering Flouts Ill. Law, Suit Says

    Snapchat has become the latest digital service to be hit with a putative class action under Illinois’ Biometric Information Privacy Act, with a pair of plaintiffs lodging a suit in California state court Monday targeting the mobile messaging platform’s collection of facial templates through its “Lenses” feature.

  • May 25, 2016

    Safeway Olive Oil Buyers Get Class Cert. In False Ad Row

    A California state judge granted class certification Tuesday to buyers of Safeway store-brand olive oil who claim the products' labels say they are “imported from Italy” even though the olives are neither grown nor processed there.

  • May 25, 2016

    Showtime Says Promoter Owes For Fans' Pacquiao Suits

    Showtime Networks Inc. says boxing promoter Top Rank Inc. should reimburse the $680,000 in legal costs it incurred defending itself against litigation over the disclosure Manny Pacquiao fought Floyd Mayweather Jr. with an injured shoulder, according to a lawsuit filed in New York federal court Wednesday.

  • May 25, 2016

    Wal-Mart On Its Own In Cheese False Ad Suits, Travelers Says

    Travelers Insurance, which provides coverage to the cheese maker that sold Wal-Mart grated parmesan, told a New York state court Tuesday it has no obligation to defend the retailer against a host of proposed false labeling class actions, because none of those claims trigger its policies.

  • May 25, 2016

    Spokeo Ruling Helps Both Sides Of Privacy Bar, Attys Say

    The jockeying over which side of the bar came out on top in a recent U.S. Supreme Court decision over standing for statutory privacy violations is likely to continue well into the future, plaintiffs attorney Jay Edelson and a Ropes & Gray LLP partner conceded Wednesday in characterizing the ruling as both “impenetrable” and “incomprehensible.”

  • May 25, 2016

    Dollar Thrifty Resists 2 New Class Reps In Rental Fraud Row

    Dollar Thrifty Automotive Group Inc. asked a California federal judge to keep two new lead plaintiffs from joining a proposed class action suit accusing the car rental company of tricking drivers into purchasing unnecessary add-on insurance, arguing Tuesday the pair are inadequate class representatives.

  • May 25, 2016

    Theranos' Faulty Blood Tests Ripped Off Patients, Suit Says

    Theranos Inc. defrauded consumers by claiming that its blood tests were accurate and vetted by federal regulators, according to a proposed class action filed in California federal court on Wednesday.

  • May 25, 2016

    Ingram Micro Investor Seeks To Halt $6B HNA Group Deal

    An investor in Ingram Micro Inc. on Wednesday launched a putative class action in the Delaware Chancery Court, seeking to halt a proposed $6 billion merger with a unit of HNA Group Co. Ltd., arguing that the board locked in a lowball deal despite interest from another suitor possibly willing to beat it.

  • May 25, 2016

    Williams Investor Again Tries To Block $38B ETE Merger

    A Williams Cos. Inc. investor on Wednesday revived his effort to block the natural gas giant’s proposed merger with Energy Transfer Equity after an Oklahoma federal judge allowed the transaction to move forward last month, adding yet another legal battle to the long list of litigation already clouding the $37.7 billion deal.

  • May 25, 2016

    Gold Investors Cite Libor Decision In Price-Fixing MDL Case

    Investors and traders bringing gold-price manipulation claims in multidistrict litigation against big banks on Tuesday pointed a New York federal judge to a recent circuit court decision this week that revived antitrust claims over Libor rigging, saying the ruling supports their view that the gold-fixing claims can survive the banks’ attempts to have the case thrown out. 

  • May 25, 2016

    Caterpillar Gets First Nod For $60M Deal To End Defect Row

    Caterpillar Inc. on Wednesday won preliminary approval for a $60 million settlement in a class action alleging that it sold bus engines with a defective anti-pollution system, with a New Jersey judge finding the amount fair and reasonable. 

  • May 25, 2016

    CVS Hit With Overtime Suit In Fla. Federal Court

    CVS Pharmacy was hit with a proposed class action in Florida federal court Wednesday that accuses the retailer of violating the Fair Labor Standards Act by failing to pay overtime wages to a nonexempt employee who claims to have logged about five overtime hours each week for seven years.

  • May 25, 2016

    Fla. Firm Says Ex-Client's Bankruptcy Bills Suit Is Skimpy

    Kaufman Englett & Lynd PLLC argued Wednesday that the necessary facts are lacking in a proposed class action alleging the Florida-based law firm unlawfully billed an ex-client $1,700 in retainer fees while he explored filing for bankruptcy, while also challenging a law restricting debt-relief agencies.

  • May 25, 2016

    Robbins Geller To Lead $13B Columbia-TransCanada Action

    Robbins Geller Rudman & Dowd LLP won the lead counsel's seat Wednesday for a Delaware Chancery Court shareholder action targeting the price offered in TransCanada Corp.'s proposed $13 billion acquisition of Columbia Pipeline Group Inc.

  • May 25, 2016

    Frito-Lay Wage Settlement Spurned For 'Compromised' Payout

    A California federal judge on Tuesday rejected a proposed $600,000 settlement of a putative wage and overtime class action brought by Frito-Lay Inc. maintenance mechanics, saying the amount isn’t fair or reasonable since counsel “severely compromised any potential recovery before arriving at the negotiating table.”

  • May 25, 2016

    NCAA Concussion Objector Blasts Attempt To Preclude Claims

    The lead objector to the NCAA's concussion settlement told an Illinois federal court that class counsel and the NCAA have asked the court to go too far in shutting out multisport personal injury class actions against schools, arguing such claims should be completely untethered from the settlement.

  • May 25, 2016

    Feds Slam Class Reps' $8.2M Cost Bid In Cobell Settlement

    The federal government on Tuesday blasted a bid for more than $8 million in costs by class representatives in the landmark $3.4 billion Cobell settlement over its mismanagement of Native American trust funds, telling a D.C. federal court the representatives were attempting to shift litigation expenses away from class counsel.

  • May 25, 2016

    Kraft Says Consumers Misread Regulations In 'Natural' Ad Suit

    Kraft Foods Group Inc. urged a California federal judge on Tuesday not to grant partial summary judgment to consumers suing over artificial ingredients in its “natural” fat-free cheddar cheese, saying FDA regulations require even natural ingredients to sometimes be called “artificial” on labels.

  • May 25, 2016

    Lumber Liquidators Workers Seek Nod For $117K OT Deal

    A proposed class of Lumber Liquidators Inc. employees on Tuesday urged a California federal court to sign off on a $117,000 settlement with the wood flooring retailer to end their claims of unpaid overtime wages, calling the deal “absolutely fair.”

Expert Analysis

  • The Risk Of Data Misuse By Health Care Co. Employees

    Tina Sciocchetti

    A recent decision from the Southern District of Florida highlights the risks companies that collect or maintain sensitive personal information face when a rogue employee compromises data security. Data privacy and security policies and procedures should address and limit unauthorized access not only to external sources, but also to internal sources who may act outside the scope of their employment, say attorneys at Nixon Peabody LLP.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • Spotlight On Spokeo: A Deeply Gratifying Result

    Neil Richards

    Rather than being the end of consumer protection lawsuits, the U.S. Supreme Court's Spokeo v. Robins opinion offers Congress a green light to give consumers the rights they need to protect their privacy and other digital rights. This is exactly the result Spokeo was most likely dreading, says professor Neil Richards of Washington University School of Law.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Spotlight On Spokeo: A Win For Consumers

    Nicholas R. Diamand

    Our friends in the defense bar, still smarting from the outcomes in Campbell-Ewald and Tyson Foods, have already begun to try to spin Spokeo as creating new limits on class actions. But the U.S. Supreme Court's opinion, in a sure-to-be-cited footnote, expressly said that whether a case is a class action “adds nothing to the question of standing,” say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • Spotlight On Spokeo: Ruling Represents Win For Businesses

    Joseph W. Jacquot

    Regardless of how the Ninth Circuit handles the remanded case, the U.S. Supreme Court’s decision in Spokeo v. Robins places new safeguards against baseless and costly class actions, and will prevent the federal courts from being used by plaintiffs lawyers for actions more appropriately left to the discretion of government enforcers, says Joseph Jacquot, a partner with Foley & Lardner and former deputy attorney general of Florida.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • 'Happy Birthday': Journey To The Public Domain

    Tamara Kurtzman

    With a landmark class action settlement scheduled to be approved next month, the iconic song that has ushered in birthdays of everyone from royalty and presidents to citizens and children alike will — for the first time in over 100 years — undisputedly fall in the public domain. The return of “Happy Birthday to You” to the public domain is unquestionably a resounding victory against ever-increasing false copyright claims, says Tama... (continued)

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)