Class Action

  • September 29, 2014

    3 Firms Are GC Faves For Class Action Litigation

    With corporate counsel expecting to boost spending on defending class actions more than on any other litigation area in 2015, three firms stand to reap outsize benefits as the most sought-after players in the field, according to a new survey.

  • September 29, 2014

    Products Cases To Watch As Supreme Court Term Kicks Off

    The U.S. Supreme Court this term is poised to consider whether to take up yet another hotly debated question related to generic-drug injuries — one that would determine the future of claims that a generics maker failed to update a product's warning label — as well as mull a petition over the scope of the Class Action Fairness Act. Here are some of the most-watched product liability cases.

  • September 29, 2014

    Jurors Can Hear About MDL In DePuy Hip Implant Bellwether

    A Texas federal judge on Monday allowed the plaintiff in a bellwether trial against Johnson & Johnson unit DePuy Orthopaedics Inc. to tell jurors about the 6,500 other cases pending in multidistrict litigation that allege defects in a metal-on-metal hip implant, lifting an earlier order that barred discussion of the other plaintiffs.

  • September 29, 2014

    Cafe From 'You've Got Mail' Hit With $26M FLSA Suit

    Cafe Lalo, the restaurant famously featured in "You've Got Mail" with Meg Ryan and Tom Hanks, was hit Friday with a putative class action in New York federal court alleging the Upper West Side spot failed to pay overtime wages and accusing its manager of sexually harassing the wait staff.

  • September 29, 2014

    Avon Shareholders' FCPA China Bribe Class Action Tossed

    A New York federal judge on Monday tossed a putative class action by Avon Products Inc. shareholders that accused the company and its senior executives of falsely inflating stock prices by hiding violations of the Foreign Corrupt Practices Act.

  • September 29, 2014

    11th Circ. Says Use Of Patient's Info Doesn’t Violate TCPA

    The Eleventh Circuit ruled Monday that a putative class action plaintiff’s provision of contact information to a hospital constituted consent to have a debt collector contact him, shutting down his Telephone Consumer Protection Act Suit.

  • September 29, 2014

    Kahn Swick Fights To Keep Abbott Fee Suit In State Court

    Kahn Swick & Foti LLC attacked Spector Roseman Kodroff & Willis PC on Sunday for its efforts to move a fee dispute between the two firms to federal court, arguing the lawsuit over fees from a securities suit against Abbott Laboratories Inc. belongs in Louisiana state court.

  • September 29, 2014

    Interns Rip ICM's 'Premature Attack' In Collective Action

    Former unpaid interns pursuing a minimum wage suit against International Creative Management Partners LLC urged a New York federal court on Friday to give their proposed collective action a green light, calling ICM's response to their conditional certification bid a “premature attack” on the merits of their case.

  • September 29, 2014

    Morgan Stanley, Deutsche Target Force-Placed Class Action

    Morgan Stanley, Deutsche Bank National Trust Company, other lenders and Assurant Inc. urged a California federal judge Monday to toss a putative class action alleging they ripped off thousands of homeowners with overpriced force-placed insurance, saying the plaintiff never paid for the insurance and thus wasn't harmed.

  • September 29, 2014

    Texas Judge Decertifies Meritage FLSA Collective Action

    A Texas federal judge on Monday decertified a collective action against Meritage Homes Corp., holding that a group of home sales representatives aren't sufficiently similarly situated to move forward as a group in the Fair Labor Standards Act suit and ordered the parties to prepare for a November trial with six plaintiffs.

  • September 29, 2014

    KPMG Loses Sanctions Bid In $400M Sex Bias Suit

    A New York federal judge has denied KPMG LLP's bid to penalize female employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying them for allegedly wasting the court's time with baseless discovery filings, saying the withdrawal of a document review request did not warrant sanctions.

  • September 29, 2014

    Medtronic Can't Shake Investors' Claims Of Tainted Studies

    A Minnesota federal judge on Monday refused to throw out the bulk of a securities class action alleging Medtronic Inc. downplayed problems with its bone graft products, saying the investors’ allegations that the medical device maker manipulated studies to drive up its stock price are adequate.

  • September 29, 2014

    Cos. Try To Nix More Experts In Nexium Pay-For-Delay Suit

    AstraZeneca PLC and two generic drugmakers on Monday pushed a Massachusetts federal court to block two pharmaceutical industry experts from testifying at an upcoming pay-for-delay antitrust class action trial over heartburn drug Nexium, accusing the plaintiffs of trying to rehash discredited arguments.

  • September 29, 2014

    Aaroma Says Diacetyl Claims Belong To Bankruptcy Estate

    Aaroma Holdings LLC has urged the U.S. Supreme Court to uphold a Third Circuit decision freeing it from liability for injuries allegedly caused by a food additive manufactured by a company whose assets it purchased in 2010, arguing the plaintiffs’ claims belonged to the now-bankrupt company’s estate.

  • September 29, 2014

    Jackson Lewis Snags Ex-Pendleton Wilson Atty In Denver

    Management-side labor and employment law firm Jackson Lewis PC has hired a former Pendleton Wilson Hennessey & Crow PC litigator with class action experience to expand its Denver office, the firm announced.

  • September 29, 2014

    Wal-Mart Can't Escape Suit Over Mexico Bribery Allegations

    An Arkansas federal judge on Friday denied a bid from Wal-Mart Stores Inc. and its former CEO to dismiss a proposed class action alleging the retailer concealed Mexican bribery allegations from shareholders, ruling claims that Wal-Mart intentionally withheld the information from a regulatory filing are "plausible."

  • September 29, 2014

    GEICO Wins Round In TCPA Robocall Suit

    A Florida federal judge on Friday denied class certification in a Telephone Consumer Protection Act suit accusing Government Employees Insurance Co. and an affiliated debt-collection company of repeatedly making unauthorized robocalls to consumers, finding the plaintiff hadn’t supplied enough evidence on the purported class’s size.

  • September 29, 2014

    Fed Workers Lose Class Cert. Bid In 16-Year Race Bias Suit

    A Washington, D.C., federal judge on Monday refused to certify a putative class of black and Native American secretaries and clerical workers in a contentious, 16-year lawsuit alleging the Board of Governors of the Federal Reserve System racially discriminated against them, saying the claims are individualized.

  • September 29, 2014

    EEOC's Background Check Use Relevant, Dollar General Says

    The U.S. Equal Employment Opportunity Commission should hand over information about its own employment practices as well as more specifics regarding its claim that Dollar General's criminal background check screening disproportionately pushed out black workers, the retailer has told an Illinois federal court. 

  • September 29, 2014

    ATP Oil Execs Escape Suit Over $1.5B Note Exchange

    A Louisiana federal judge on Friday tossed a consolidated securities class action alleging bankrupt ATP Oil & Gas Corp.’s top executives misled investors ahead of a $1.5 billion note exchange about its liquidity and business prospects following drilling moratoriums enacted after the Deepwater Horizon oil spill.

Expert Analysis

  • How 9th Circ. B&N Case May Impact Website Terms Of Use

    Perry

    As the Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc. demonstrates, for online service providers seeking to minimize the risk that the provisions in their terms of use will be declared unenforceable, the click-through agreement is a much safer bet than the browsewrap agreement, say attorneys with Latham & Watkins LLP.

  • Use Economic Analysis To Fight Class Certification

    Charles Fields

    Boelk v. AT&T Teleholdings Inc. provides a constructive example of the value of expert testimony at the class certification stage in a wage and hour matter, say Charles Fields and Erica Blom of Edgeworth Economics LLC.

  • EEOC Case Is Cautionary Tale Of Systemic Discrimination

    Garrett L. Boehm Jr.

    U.S. Equal Employment Opportunity Commission v. Supervalu, Jewel-Osco and American Drug Stores may be a harbinger of things to come for corporate employers suspected of systemic discrimination — a consent decree relating to such a charge resulted in costly sanctions, lost productivity and fees, says Garrett Boehm of Johnson & Bell Ltd.

  • Bonus Dispute Makes DOL Seem Like 'Department Of Languor'

    Allen S. Kinzer

    A federal court split has emerged over the same bonus compensation plan for RadioShack Corp.'s nonexempt store managers due to the U.S. Department of Labor's lack of definitive guidance on the Fair Labor Standards Act's fluctuating workweek method, says Allen Kinzer of Vorys Sater Seymour and Pease LLP.

  • When Administrative Changes Require Notice And Comment

    Brian A. Bodansky

    Until the U.S. Supreme Court decides Mortgage Bankers Association v. Harris and whether the U.S. Department of Labor needed to allow notice and comment before changing who qualifies for the administrative exemption under the Fair Labor Standards Act, there may be an increase in litigation over the exempt status of mortgage loan officers, says Brian Bodansky of Wigdor LLP.

  • Adobe Data Breach Ruling Gives New Hope To Plaintiffs

    Michael Buchanan

    A California federal court's recent decision in the Adobe Systems Inc. privacy litigation is significant. Before this opinion, only one other court had ruled that Article III standing exists without allegations of actual misuse of breached information, say attorneys with Patterson Belknap Webb & Tyler LLP.

  • 1099ers Exposing Startups, PE Firms To Costly Liability

    Richard J. Reibstein

    Even when well-structured independent contractor relationships survive legal scrutiny under federal labor, tax or benefit laws, the 1099 model may not pass muster under the crazy quilt of state independent contractor laws. And private equity firms and investors do not conduct the level of due diligence they should before investing in 1099-model startups, say attorneys with Pepper Hamilton LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Data Breaches Drive Retailers To Update Payment Systems

    Anthony J. McFarland

    Despite their slow adoption of Europay, MasterCard and Visa compliant card technology due to cost, U.S. companies have picked up the pace due to the financial risks posed by cyberbreaches and European customers' expectation of privacy protection, say Anthony McFarland and Alison Grippo of Bass Berry & Sims PLC.

  • Buyers’ Remorse: Outlet Stores Under Fire

    Kate S. Gold

    The recent spate of class actions alleging deceptive marketing practices at outlet and factory stores greatly oversimplifies the current retail environment, makes flawed assumptions about companies with distinct business models and threatens to limit choices for value shoppers, say Kate Gold and Meredith Slawe of Drinker Biddle & Reath LLP.