A Texas federal court on Thursday refused to send a putative class action alleging Samsung didn’t make customers whole on faulty Galaxy S phones into arbitration, finding that clauses in the customers’ wireless carrier contracts did not include the phones’ maker.
A Florida federal judge on Thursday tossed a married couples’ putative class action against Volkswagen Group of America Inc. alleging locks on their Jetta sedan were defective, ruling they were time-barred from bringing express warranty and deceptive practices claims.
A New York federal judge said Thursday that sanctions must be imposed against counsel from Wolf Haldenstein Adler Freeman & Herz LLP who filed an allegedly frivolous consolidated securities class action claiming AOL Inc. bought millions of its shares at artificially depressed prices before announcing a $1 billion patent sale.
A New Jersey title company was hit with a putative class action suit in state Superior Court last month, alleging the firm and its owner charged real estate buyers excessive fees during the closing process.
Lululemon asked a New York federal judge on Wednesday to toss a consolidated shareholder complaint accusing the retailer of inflating its stock after consumers discovered its yoga pants were see-through, arguing that investors failed to prove that the company made misleading statements.
Samsung Electronics Co. Ltd. and a class of consumers urged the Ninth Circuit on Thursday to revive their separate antitrust suits over an alleged patent-licensing cartel among Panasonic Corp. and other flash memory card makers, arguing that a district court judge incorrectly found both sets of claims time-barred.
An Indiana appeals court on Thursday freed ACE American Insurance Co. from chipping in $3 million toward the settlement of a class action that property owners brought over ethanol emissions from a Seagram distillery, but allowed the plaintiffs' bad faith claim against the insurer to proceed anyway.
A National Labor Relations Board administrative law judge found Wednesday that a California-based realty company’s mandatory employment documents for new and existing employees, which included an arbitration agreement containing a class waiver, violated federal labor law under D.R. Horton.
The parent company of Kay Jewelers was hit with a putative class action Wednesday in Pennsylvania federal court that alleges it has failed to outfit its stores with point of sale devices that are fully accessible to blind people, requiring them to divulge private personal information to sales clerks.
While law firms have made great strides, studies show that we all still have implicit biases that affect perceptions and decision making. As a senior woman I have the opportunity to help combat that — and the obligation to do so, says Carla Christofferson, managing partner of O'Melveny & Myers LLP's Los Angeles office and a member of the firm's policy committee.
Lumber Liquidators Inc. was hit with a proposed class action Tuesday accusing the retailer of selling unsuspecting consumers formaldehyde-laden Chinese flooring, with some of it sourced from endangered habitats, in violation of the Racketeer Influenced and Corrupt Organizations Act and other U.S. laws.
Consumers who allege Mattel Inc. designed a baby seat with poor ventilation that is prone to unhealthy mold growth asked a California federal judge Wednesday to certify a class in the lawsuit.
The Judicial Panel on Multidistrict Litigation was slated to hear oral arguments on Thursday on whether to combine pretrial proceedings on a host of cases accusing Goldman Sachs Group Inc., JPMorgan Chase & Co. and others of striking anti-competitive warehousing agreements to artificially inflate the cost of storing aluminum.
Bank of America Corp. agreed Wednesday to pay $20 million to settle part of a multidistrict litigation accusing it and other financial institutions of bid-rigging in the municipal bond derivatives market.
British Airways PLC asked a New York federal judge Wednesday to reconsider his refusal to dismiss a proposed class action accusing the airline of imposing impermissible fuel surcharges on rewards flights, saying the judge relied on plaintiffs' allegedly erroneous statistical analysis.
The U.S. Court of Federal Claims on Wednesday rebuffed the government's attempt to get a putative wage-and-hour class action against the Department of Homeland Security transferred to a federal district court, saying that it had jurisdiction over the workers' Fair Labor Standards Act claims.
The New Jersey federal judge overseeing multidistrict overtime litigation against Morgan Stanley Smith Barney LLC tossed all but one of the claims that the company took illegal deductions from financial advisers' wages, ruling Wednesday that the claims weren't adequately alleged.
The Third Circuit refused Wednesday to hear a petition by First Data Corp. customers who claim they were overcharged for installing ATMs in their stores, saying in a precedential ruling that a mistake by class counsel that led to the document's late filing does not constitute excusable neglect.
A Minnesota district court brushed aside Swift County's argument that Congress cannot give preferential tax treatment to Fannie Mae and Freddie Mac without violating the Commerce Clause, the county said, claiming the trial court ignored U.S. Supreme Court precedent and obliterated the distinction between federal and state power.
Air travelers on Wednesday urged the Ninth Circuit to revive their antitrust class action over the $3 billion merger between United Air Lines Inc. and Continental Airlines Inc., arguing the lower court was wrong to dismiss the case because they've shown the deal harmed competition in the national airline market.
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.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer 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.
If the U.S. Supreme Court review in Halliburton II results in an outcome that significantly reduces the feasibility of class proceedings, we likely will see more plaintiffs put through their evidentiary paces on the element of reliance and a judiciary more amenable to rigorously exploring the evidence of same. Such a return to parity should find support from all constituencies seeking justice in the securities litigation arena, say Matthew Matule and Aaron Morris at Skadden Arps Slate Meagher & Flom LLP.
As the Thanksgiving holiday approaches, employers are likely giving thanks for the growing trend among federal courts to reign in what many perceive to be overly aggressive litigation tactics employed by the Equal Employment Opportunity Commission. There have been a surprising number of cases over the past year in which the EEOC has been dressed down, says Chuck Knapp at Faegre Baker Daniels LLP.
Although only a trial court-level opinion, Gambrell v. Hess Corp. now offers litigants in New Jersey state court unambiguous direction on whether offers of judgment have any place in class action proceedings, say Paul Halasz and Matthew Stuart Miller of Day Pitney LLP.
The Wisconsin Court of Appeals in Cleaver Brooks v. AIU Insurance Co., reinforces the notion that plastics engineering is not simply a case that makes insurers liable for more than their pro rata share. It also allows policyholders the right to access policies in a manner that maximizes their overall coverage, say Jeffrey Davis and Keith Bruett of Quarles & Brady LLP.
If industry executives did not suffer previously from heartburn when thinking about the Consumer Financial Protection Bureau’s complaint process, now is the time for them to reach for the antacids, says Brett Kitt, counsel with Greenberg Traurig LLP and former senior counsel at the CFPB.
At long last, the U.S. Supreme Court will address the fraud-on-the-market presumption of reliance established by the court in 1988. Securities litigators on both sides of the aisle are understandably anxious, because our entire industry is about to change — either a little or a lot. I say “change” because the ruling in Halliburton cannot and will not do away with securities litigation, says Douglas Greene of Lane Powell PC.