Class Action

  • May 29, 2015

    Borgata Can't Shake Parking Voucher Suit

    Two Borgata Hotel Casino & Spa patrons can proceed with their putative class action alleging they were wrongfully denied use of free parking vouchers after a New Jersey federal judge on Friday ruled their claims to be adequate under several consumer protection laws.

  • May 29, 2015

    Ad Newsletter PennySaver Hits Ch. 7 In Wake Of WARN Suits

    PennySaver USA LLC, printer of an iconic advertising newsletter in southern California, filed for Chapter 7 bankruptcy Friday in Delaware, a week after it shuttered operations and after former employees lodged class actions claiming nearly 700 workers were abruptly laid off without notice or final pay.

  • May 29, 2015

    Plaintiff In Facebook IPO MDL Counsel Row Died In Nov.

    One of the plaintiffs in the multidistrict litigation over Facebook Inc.’s historic $16 billion initial public offering who said his claims were squeezed out by the lead plaintiffs passed away back in November, according to court documents filed on Friday.

  • May 29, 2015

    DHL Can Drive Away From WARN Act Claims, 11th Circ. Says

    The Eleventh Circuit ruled Friday that delivery service DHL Express (USA) Inc. does not have to face an employee's claims that it laid off numerous workers at a Birmingham, Alabama, facility without proper notice, saying that a lower court correctly ruled that the minimum threshold to qualify as a mass layoff was not met.

  • May 29, 2015

    Privacy Suit Judge Recuses Self After Own Data Breached

    A Florida federal judge gave up overseeing a proposed class action over a health care data breach Friday after receiving a letter from the defendants telling her that her own information had been accessed in the incident.

  • May 29, 2015

    US Blasts BP's Appeal To High Court Over Oil Spill Liability

    The U.S. told the U.S. Supreme Court not to hear BP Exploration & Production Inc.'s appeal of the Fifth Circuit's finding that BP and another oil company are liable for civil penalties related to the Deepwater Horizon disaster.

  • May 29, 2015

    SG Urges High Court To Nix RJ Reynolds ERISA Appeal

    The U.S. Solicitor General has urged the Supreme Court not to take up an appeal from R.J. Reynolds Tobacco Co., saying the lower court correctly decided it had breached its fiduciary duties under the Employment Retirement Income Security Act in a $50 million suit stemming from the company’s 1999 spinoff from RJR Nabisco Inc.

  • May 29, 2015

    Allstate Rips 9th Circ. Ruling In Push For High Court Review

    A Ninth Circuit ruling upholding the certification of a class of Allstate Insurance Co. workers in an overtime case conflicts with four other circuits and would necessitate a slew of “individual follow-up trials,” Allstate said in a brief urging U.S. Supreme Court review.

  • May 29, 2015

    AOL Defeats 'Wrong Number' TCPA Messaging Suit

    A California federal judge threw out a proposed class action Friday claiming AOL Inc. violated the Telephone Consumer Protection Act by allowing its instant messaging service to send unwanted texts, saying in a prehearing order that the privacy law didn't apply to the messages.

  • May 29, 2015

    Guest Workers Hit Tobacco Farms With Wage Violation Suits

    Nearly 40 Mexican H-2A workers filed three separate lawsuits in Kentucky federal court Thursday accusing the three tobacco farms they worked on of violating state and federal labor laws by failing to pay minimum wage and providing abysmal housing conditions.

  • May 29, 2015

    Labaton On 'Quest For Ignorance' In Millennial Suit: Judge

    A New York federal judge blasted Labaton Sucharow LLP for its handling of confidential witnesses while dismissing a shareholder class action over mobile advertiser Millennial Media Inc.’s $152 million initial public offering, suggesting that attorneys were on a “quest for ignorance” when constructing their complaint.

  • May 29, 2015

    Ford Truck Dealers Ask High Court To Revive Contract Row

    More than 60 former Ford Motor Co. heavy-duty truck dealers urged the U.S. Supreme Court to review a Third Circuit decision binding them to its 2013 ruling that nixed a $30 million jury award in a breach of contract class action against Ford, saying the appellate court’s underlying opinion contained factual errors.

  • May 29, 2015

    Waxing Salon Chain Accused of Stiffing Workers On Wages

    A chain of waxing salons rips off not only hair but its employees by failing to adequately pay them for the hours they work, a suit filed Thursday in New York state court alleges.

  • May 29, 2015

    Atty Can't Dodge Volvo's Altered Doc Sanction Bid

    A Pennsylvania federal judge on Thursday let Volvo Car UK Ltd. exit a $5 million putative class action claiming the automaker’s North American and U.K. arms sold cars with defective side-impact protection, while refusing to strike a bid to sanction the plaintiffs' attorneys for allegedly altering a document.

  • May 29, 2015

    H-2A Workers Win On Joint Liability In Fruit Farm Wage Row

    After a six-day bench trial, a Florida federal judge ruled Thursday that an orange grove and its employment subcontractor are joint employers of a certified class of H-2A workers and thus jointly responsible for the subcontractor's actions.

  • May 29, 2015

    Law Profs, Yale Back Investors In Libor Antitrust Appeal

    Several antitrust law scholars and Yale University have backed investors challenging the dismissal of antitrust claims from multidistrict litigation over Libor manipulation, telling the Second Circuit the losses the investors suffered are classic antitrust injuries.

  • May 29, 2015

    Pa. Lender’s ‘Tax’ Fee Violated Lease Contract, Suit Says

    A Michigan data mining company hit Susquehanna Commercial Finance Inc. with a proposed class action in Pennsylvania federal court on Thursday, alleging the lender violated an equipment leasing contract by deceptively labeling an unauthorized charge as a property tax administration fee.

  • May 29, 2015

    2nd Circ. Mulls Skadden Win In Temp Attorney's OT Suit

    The Second Circuit had tough questions on Friday for an attorney defending a win for Skadden Arps Slate Meagher & Flom LLP in an overtime suit brought by a temporary attorney who said that the document review work he did was too menial to qualify as practicing law. 

  • May 29, 2015

    Texas Justices Open Door To Close-Held Corp. Derivative Suits

    The Texas Supreme Court ruled Friday that a state law does not present any clear hurdles to Lone Star State shareholders who wish to launch derivative suits against closely held corporations, affirming an appellate court’s decision to revive claims against mining outfit United Salt Corp.

  • May 28, 2015

    Lyft, Uber Skirt Miami Public Endangerment Suit

    Uber Technologies Inc. and Lyft Inc. got a putative class action dismissed Thursday, when a Florida federal judge ruled that a Miami regulation on for-hire vehicles does not create a private cause of action and that no law violations were identified in claims the companies' drivers endangered the public.

Expert Analysis

  • 4 In-House Preferences For Better Outside Counsel

    Patrick H. Reilly

    The best outside counsel change their optics to think like the client. For these lawyers, client service is not just about top-notch legal work — it is about making life easier for the entire in-house team. In the words of litigation counsel at medical device company Zimmer Inc. and outside counsel at Faegre Baker Daniels LLP, here are four ways outside counsel can better serve clients.

  • Statistical Analysis And Class Actions: Part 3

    Nathan D. Woods

    Wal-Mart Stores Inc. v. Dukes. Comcast Corp. v. Behrend. Espenscheid v. DirectSat USA. Recent case law demonstrates a trend among federal courts toward greater scrutiny at earlier stages of class action litigation and, if sampling is contemplated in wage-and-hour cases, then care should be taken to ensure the sample design and execution allow for reasonably precise estimates, says Nathan Woods of Edgeworth Economics LLC.

  • Why Bylaw Solutions To Meritless M&A Suits Are Problematic

    Douglas W. Greene

    For the past several years, there has been great focus on amendment of corporate bylaws to corral and curtail shareholder challenges to mergers. There are now three main solutions afoot, but these initiatives will have unintended consequences that will leave us with a different set of problems than the ones they solved, says Douglas Greene of Lane Powell PC.

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • Statistical Analysis And Class Actions: Part 2

    Nathan D. Woods

    There are a number of methodologies with which to conduct more rigorous certification analysis of wage-and-hour class actions and statistically test whether common issues predominate. Among them, multivariate approaches, such as regression analysis, are perhaps the most commonly used, says Nathan Woods of Edgeworth Economics LLC.

  • Persuasive Experts At Trial: 3 Times A Charm

    Nancy J Geenen

    Attorneys spend significant hours finding, vetting and legally qualifying subject matter experts who will offer the opinion that supports the client’s “truth.” The expert spends considerable time as well — from research and analysis to issuing the report and defending the opinion at deposition. These pretrial skills do not necessarily translate to persuasive testimony at trial, say Nancy Geenen and Suann Ingle of Suann Ingle Associates LLC.

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Could This Case Change The Cyberinsurance Landscape?

    Daniel S. Marvin

    With the emergence of stand-alone cyberinsurance policies, there was little doubt that courts would ultimately be called upon to weigh in on their scope of coverage. Now, that time may have finally come in an apparent case of first impression in Columbia Casualty Co. v. Cottage Health System, say Daniel Marvin and Robert Stern of Stern & Montana LLP.

  • Statistical Analysis And Class Actions: Part 1

    Nathan D. Woods

    Recent legal decisions and commentary follow a growing trend among courts requiring greater scrutiny of class certification topics earlier in judicial proceedings. Under Rule 23 and the Fair Labor Standards Act's "similarly situated" threshold, courts now hesitate to presume commonality within a proposed class or collective action based on a summary result of aggregate effects, says Nathan Woods of Edgeworth Economics LLC.

  • Rise Of The Small Firm Class Action Business Model

    Jessica J. Sleater

    The current class action litigation environment has spurned the evolution of the big class action firm toward a sleeker, smaller business model for plaintiffs' attorneys. Even though these new firms are small, they have already proven they can stomach risk and are successfully prosecuting actions against the country’s largest companies, say Jessica Sleater and Eric Andersen of Andersen Sleater LLC.