Music streaming company Spotify USA Inc. allegedly charged customers for automatic renewals of their subscriptions for premium access to the online streaming service without first getting their consent, in violation of state law, according to a proposed class action removed to California federal court Friday.
An Illinois federal judge granted class certification to customers claiming the merger of two Chicago-area hospital groups resulted in price hikes for patients, finding Tuesday that the class showed the case would best be heard as a class action.
A Florida federal judge on Tuesday granted Metropolitan Tower Life Insurance Co.’s motion to dismiss a putative class action brought by a policyholder who said the company overcharged customers on their life insurance policies, holding that the plaintiff’s suit is precluded by an earlier settlement.
Finding the allegation “stretches the bounds of credulity,” a California federal judge on Tuesday dismissed a proposed class action claim that Dean Foods Co. and two other companies mislabeled soymilk and other products as milk when they do not come from cows.
Target Corp. on Monday sued Technicolor SA, Mitsubishi Electric Corp. and others for allegedly fixing prices for cathode-ray tubes, the latest action to be filed in sprawling, years-old multidistrict litigation over the purported wide-ranging conspiracy.
Buyers of condominium-hotel units locked in a legal dispute with Donald Trump's development corporation asked a Florida federal judge on Monday to allow into the record the real estate mogul's recent testimony in two related suits.
A California federal judge on Monday tossed a putative class action accusing dental products maker Align Technology Inc. and two of its executives of violating federal securities laws by failing to timely write down tens of millions of dollars of Align’s goodwill that was impaired.
A proposed class of former defense contractor workers asked the Third Circuit on Tuesday to resurrect a suit alleging their employers and Prudential Insurance Co. of America sold them policies that were worthless due to a wartime exclusion, arguing that supplemental plans should be considered individually.
The Second Circuit on Tuesday partially revived a class action claiming the parent of Steve & Barry's should be liable for mass layoffs that preceded the retail chain's bankruptcy, finding former employees could pursue claims against the retailer’s nonbankrupt parent but not its private equity investors.
Payday lending network Money Mutual and talk-show host Montel Williams on Monday asked a California federal judge to toss a putative class action alleging they lured borrowers into illegal loan agreements, arguing that Money Mutual was not responsible for the actions of individual lenders.
A Florida federal judge largely preserved claims in a proposed class action Monday accusing convenience food maker Amy’s Kitchen Inc. of misleading consumers by labeling sugar as evaporated cane juice when U.S. regulators have cautioned food makers against using that label to refer to sweeteners.
Bank of America NA has asked the U.S. Supreme Court to overturn a decision by California's highest court reviving a putative class action derived from the Truth in Savings Act, saying Congress clearly intended to eliminate that statute’s private right of action.
Smithfield Packing Co. Inc. has agreed to shell out $2 million to settle three class actions brought by workers at its bacon-processing plants who claim they weren’t paid for activities they were required to perform before and after their shifts.
A California federal judge last week disagreed with a colleague in concluding that Google Inc.'s aggregation of user data across its platforms did not fall under an exemption to federal wiretap law, exemplifying the struggles courts are having when it comes to applying the outdated statute to modern communications, attorneys say.
Demilec (USA) LLC dodged several claims in a class action for injuries and damages allegedly caused by the company’s various spray polyurethane foam insulation products, because the plaintiff lacked standing to sue under other states’ consumer protection laws, a Florida federal judge ruled Monday.
A New York federal judge on Friday tossed a putative antitrust class action alleging Amazon.com Inc. conspired with the six largest book publishers to monopolize the e-book market and prevent competitors from undercutting their prices, ruling the plaintiffs couldn’t back up their claims with evidence.
Caesars Entertainment Corp. plans to ask the New Jersey Supreme Court to overturn a $5.2 million judgment leveled against it in a class action over an allegedly misleading casino promotion, according to a regulatory filing last week.
An Illinois federal judge on Monday slapped Boehringer Ingelheim Pharmaceuticals Inc. with nearly $1 million in sanctions for discovery abuses in multidistrict litigation over its oral anticoagulant Pradaxa, finding that the drugmaker’s failure to produce thousands of documents amounted to bad-faith conduct.
A California federal judge gave final approval Friday to a $500 million settlement of three class actions challenging Bank of America Corp.-owned Countrywide Financial Corp.’s underwriting standards for mortgage-backed securities, including $85 million in fees to the plaintiffs’ attorneys.
Resolving long-running multidistrict litigation in New York, Merck & Co. Inc. agreed Monday to pay $27.7 million to settle hundreds of lawsuits claiming its bone drug Fosamax caused a condition known as osteonecrosis of the jaw.
Ongoing antitrust disputes in the sports-licensing context involving the NFL and its teams, and the National Collegiate Athletic Association and its member institutions, could have a profound effect on the business of professional and collegiate sports in 2014 and beyond, says Miriam Vishio of Dickstein Shapiro LLP.
The past year has seen a number of major decisions impacting product liability practice, including a very active U.S. Supreme Court regarding the application of the Class Action Fairness Act. While the trend appears to somewhat favor manufacturers, consumer actions will continue to be fertile areas of litigation in 2014, says Eileen Ridley of Foley & Lardner LLP.
Certainly, no defendant wishes to advocate for greater damages. In addition to having to advance such an untenable position for the privilege of gaining access to federal court, there are at least two other issues that a defendant in the Second Circuit should consider before spending the time and money to seek removal of an action when the complaint is ambiguous on its face as to the amount of damages sought, say Andre Cizmarik and Kara Cormier of Edwards Wildman Palmer LLP.
The lesson from a Nevada federal court's recent decision in Gamble v. Boyd Gaming Corp. is that if defense counsel does have grounds for an injunction to stop false or misleading advertising on social media, it must make every effort to narrowly tailor their specific injunction requests to stop only the inappropriate contact with putative class members and not to infringe on the plaintiff’s counsel rights to free speech, says Casie Collignon of Baker & Hostetler LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
A recent class certification denial in a false advertising action challenging Chipotle's "naturally raised" meat claims seems to stem from the growing trend among federal courts of barring class certification on ascertainability grounds, say David Conway and Edward Boyle of Venable LLP.
Every appellate court to consider the issue has now rejected the National Labor Relations Board’s anti-arbitration position in D.R. Horton as out of step with the Federal Arbitration Act and the U.S. Supreme Court’s decision interpreting the statute in AT&T Mobility LLC v. Concepcion. And that growing consensus is a positive development for employers and employees alike, say Archis Parasharami and Scott Noveck of Mayer Brown LLP.
The U.S. Food and Drug Administration has not yet indicated whether products with genetically modified organisms can be labeled as “all natural,” nor has it indicated when such a label would be false or misleading. This lack of action has led some courts to stay proceedings in anticipation of a clear determination — the main question for courts in 2014 will be whether to stay future cases in hope of obtaining FDA guidance, says Josh Becker at Alston & Bird LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.