A New York federal judge on Tuesday refused to revisit his February decision tossing breach of fiduciary duty claims from a class action against bankrupt MF Global Inc.’s former top brass, ruling again that the plaintiffs had waived those claims.
A Seventh Circuit panel on Tuesday ruled against debt collectors LVNV Funding LLC and Capital Management Services LP in two putative class actions, finding that their collection letters’ offers to “settle” time-barred debts were misleading even though they did not threaten litigation.
Samsung Group will pay $33 million to settle claims it was involved in a price-fixing global conspiracy along with several co-defendants, representing the largest payout of the defendants in the sprawling cathode ray tube multidistrict litigation, according to a motion to approve the deal filed Monday in federal court in California.
Snack company Snyder’s-Lance Inc. on Monday struck back against a putative class action alleging it mislabeled “all-natural” snack products, arguing the plaintiffs did not pay a “premium price” for the products as they claim.
United Airlines Inc.’s parent company on Friday asked an Illinois federal judge to toss two proposed class actions accusing it of stiffing its rewards program members, saying the contract consumers signed to enroll in the program allowed United to change benefits at any time.
A New Jersey nursing home contract and collection efforts targeting a resident's daughter didn't breach state nursing home or consumer fraud laws because they didn't assert that she was personally liable for her mother's bills, the state Supreme Court ruled Tuesday.
A National Labor Relations Board judge said Friday that a Pep Boys Manny Moe & Jack of California arbitration agreement barring worker class actions was unlawful, adding that the NLRB's D.R. Horton decision remains the law of the land unless the U.S. Supreme Court says otherwise.
The trustee overseeing the liquidation of Bernard L. Madoff Investment Securities LLC’s estate filed suit Tuesday against several individuals who launched class actions in Florida federal court to recover certain Madoff-related damages, saying they are violating an order barring them from pursuing the litigation.
In class action filed in New York federal court on Monday, investment firm AIS Capital Management LP accused Deutsche Bank AG, Barclays Bank PLC and three other banks of manipulating the benchmark used to determine the price of gold, adding to the banks’ mounting legal woes over the issue.
A New Jersey federal judge on Tuesday declined to revive consumer fraud and contract claims in a class action alleging auto insurance units of Berkshire Hathaway Inc.'s Geico Corp. offered uninsured or underinsured motorist collision coverage limits below state minimums without the required consent.
Successfully handling high-profile matters, with and against so many well-known insurance coverage professionals, offered me a chance to break into, then gain prominence and respect in, an industry dominated by men, says Sherilyn Pastor, leader of McCarter & English LLP's insurance coverage group and a member of the firm's executive committee.
When you are in the middle of a trial or a large transaction and have missed one too many soccer games, it is easy to say you must make a change. But the best thing to do is to get through the madness, and then re-evaluate your personal and professional balance, says Heidi Goldstein, leader of Thompson Hine LLP's women's initiative.
Midland Credit Management Inc. was hit Monday with a proposed class action accusing it of violating federal and California law by taking money for debt collection services before they were rendered and failing to provide consumers with required disclosures.
Call center operator GC Services LP was accused in a proposed class action Friday of leaving cryptic telephone messages designed to trick consumer debtors into calling back and revealing personal information.
A Utah federal judge on Monday halted Myriad Genetics Inc.'s quest to block sales of Ambry Genetics Corp. cancer-testing products it claims infringe several of its patents, including five tackled in a landmark U.S. Supreme Court decision last year, ruling that Ambry had raised sufficient questions about the patents' validity.
Creditors of OCZ Technology Group Inc. urged a Delaware bankruptcy judge on Monday to not approve a proposed $7.5 million settlement of a shareholder class action, saying the deal shouldn't be blessed until they've had a chance to look into all the estate's claims.
The U.S. Supreme Court on Monday declined to hear an appeal by the owner of Gristede's Foods Inc., shutting down his claim that he can’t personally be held responsible as an employer under the Fair Labor Standards Act in a $3.5 million class action settlement.
A California federal court tossed out a putative class action Friday that alleged Starbucks Corp. did not pay its employees adequately for closing its stores, saying the minutes baristas spent conducting closing procedures after clocking out was too minimal to warrant the coffee giant's payment of unpaid wages.
With the Supreme Court set to resolve a circuit split over whether a long-standing class action tolling provision should apply to certain securities suits, some attorneys say a failure to allow potential class members to join securities class actions already in the works could clog the litigation pipeline for plaintiffs and defendants alike.
A group of minors last week pushed back at Google Inc. and Viacom Inc.'s bid to toss multidistrict litigation in New Jersey accusing them of illegally tracking the online activities of children under 13, arguing that underage users are legally unable to consent to tracking.
Much of last week’s argument in Halliburton v. Erica P. John Fund focused on the procedures available to defendants to rebut Basic v. Levinson's presumption of classwide reliance — which strongly suggests that if Basic survives, something needs to be done to ensure that its equally strong mandate regarding the presumption’s rebuttability is given effect, say Jen Spaziano and Allon Kedem of Skadden Arps Slate Meagher & Flom.
The inability of media and class action claims administration professionals to quickly and precisely determine a reach percentage when both digital and traditional print media are utilized illustrates one of the reasons why the use of reach percentage is an increasingly antiquated method for determining the adequacy of a class action notice program, says Steven Weisbrot of Angeion Group.
In Bank v. Independence Energy Group LLC, the Second Circuit reversed its previous decisions barring Telephone Consumer Protection Act class actions in New York federal courts. This shift will undoubtedly drive plaintiffs’ venue selection in pursuing TCPA class actions — and New York federal courts can expect to see a significant increase in such actions in the near future, say Melissa Brill and Kristy Miller of Cozen O'Connor PC.
The economy has had a marked impact on the alternative dispute resolution industry, but much of that impact comes directly from the new dynamics between law firms and their clients. ADR providers have been keen observers of these trends and are learning to react creatively. It’s not all a bed full of roses from the ADR side, but there have been some positive changes, says Chris Poole of JAMS.
In the class action settlement administration industry, the payment method chosen by counsel can have a great impact on budgets, timelines and administrative burdens. While checks remain the dominant form of payment in the U.S., the landscape is changing, and offering alternative payment methods can reduce the amount of uncashed checks to ensure class members get their award in a convenient manner, says Tice O'Sullivan of Epiq Systems Inc.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
The U.S. Supreme Court has agreed to review the Sixth Circuit’s decision in Indiana State District Council of Laborers v. Omnicare Inc., which parts ways with the Second, Third and Ninth circuits and holds that “subjective falsity” is not required for opinion-based Section 11 claims. Although the circuit split is hogging all the attention, everyone seems to be overlooking the fact that the Sixth Circuit in Omnicare ignored its own precedent, says Drew Dropkin of King & Spalding LLP.
On Wednesday, the U.S. Supreme Court heard oral arguments in Halliburton v. Erica P. John Fund and will soon decide on "injury presumed" reasoning applied in the context of securities class actions. If the court eliminates the only federal construct for presuming injury and reliance in class actions, it will be difficult to argue that similar presumptions accurately reflect transactions in the markets for everyday consumer goods, say Andrew Tuck and Kristen Bromberek of Alston & Bird LLP.
Litigation under state laws that restrict the collection of personal information at the point of sale is increasing, following consumer-friendly decisions from the California and Massachusetts high courts. But several issues and potential defenses — such as the potentially broad "special purpose" exception included in some statutes — have not yet been fully addressed by courts, says Andrew Hoffman of InfoLawGroup LLP.