Class Action

  • July 22, 2014

    Panasonic, Samsung Accused Of 9-Year Price-Fixing Scheme

    Panasonic Corp. and a slew of other companies were hit with yet another class action in California federal court on Tuesday accusing them of conspiring to fix prices on a key component of electrical circuits over almost a decade.

  • July 22, 2014

    Kodiak Shareholders Sue To Block $3.8B Whiting Takeover

    Shareholders of Kodiak Oil & Gas Corp. filed suit in Colorado federal court Tuesday seeking to block the oil and gas exploration company’s $3.8 billion takeover by Whiting Petroleum Corp., saying the deal is unfair and that the purchase price is too low.

  • July 22, 2014

    Propane Cos. Hit With Another Price-Fixing Class Action

    AmeriGas Partners LP and Ferrellgas LP were hit a proposed class action in Kansas federal court Monday for allegedly engaging in a de facto price-fixing scheme by reducing the amount of propane in tanks without changing the price, marking at least the third such suit this month over such claims.

  • July 22, 2014

    BSH Seeks Sanctions In Moldy Washing Machine Suit

    BSH Home Appliances Corp. on Tuesday urged a California federal court to sanction a putative class of customers alleging they paid elevated prices for defective washing machines, arguing the plaintiffs engaged in bad-faith litigation and knowingly manipulated expert evidence.

  • July 22, 2014

    GM's Previous Ignition Switch Disclosures Sought In MDL

    General Motors LLC should immediately produce all pre-discovery disclosures in the multidistrict litigation over its deadly ignition switches and their impact on the value of GM cars, because the documents were already handed over to the federal government, according to a Monday letter to a New York federal judge.

  • July 22, 2014

    Citigroup Safe From FINRA Arbitration After $590M Settlement

    A New York federal judge ruled Tuesday that Citigroup Inc. is not subject to a Financial Industry Regulatory Authority arbitration over claims its stock plummeted after it concealed securitized-loan losses, saying the arbitration would violate an existing $590 million federal court settlement over the claims.

  • July 22, 2014

    AT&T-Verizon Class Arbitration Appeal Called Improper

    Plaintiffs accusing AT&T Mobility LLC, Verizon Wireless and others of engaging in an anticompetitive bulk commercial text message conspiracy urged a New York federal judge on Monday to not stay the proceedings, arguing the carriers improperly appealed the applicability of class arbitration to the Second Circuit.

  • July 22, 2014

    Lexus Buyers Say Interiors Couldn't Take Florida Sun

    Two Lexus owners in Florida on Monday lodged a class action suit against the luxury vehicle company and its parent, a Toyota Motor Corp. unit, saying the company sold defective vehicles with interiors that couldn’t withstand the Florida heat.

  • July 22, 2014

    Toyota Asks Judge To Transfer Calif. Engine Row

    Toyota Motor Co. on Monday slammed a putative class’ attempt to block its bid to transfer to a different district a consolidated action accusing the auto giant of concealing an engine oil consumption defect, telling a California federal judge the plaintiffs are improperly accusing it of “reverse forum shopping.”

  • July 22, 2014

    Shareholders Fight Hemispherx's Fee-Shifting In Del. Chancery

    Attorneys for shareholders derivatively suing Hemispherx Biopharma Inc. over bonuses paid to the company’s board members asked a Delaware Chancery judge Monday to invalidate the company’s newly enacted fee-shifting bylaw or remove them as counsel from the suit.

  • July 22, 2014

    NY Judge Tosses $600M Empire State Building Class Action

    A New York state judge has tossed a $600 million class action alleging the Empire State Building's managers cheated investors by rolling up the building into a real estate investment trust, saying the suit is barred by a previous settlement agreement.

  • July 22, 2014

    NFL Retirees Ask 3rd Circ. To Review Concussion Deal

    Seven former NFL players including Pittsburgh Steelers star Alan Faneca told the Third Circuit on Monday that a Pennsylvania federal judge should not have granted preliminary approval to the controversial concussion settlement they claim excludes the ailments of several players in the proposed class. 

  • July 22, 2014

    Hasbro Toy Buyers Relied On False Ads, Calif. Panel Told

    The dissatisfied buyer of a Hasbro Inc. Tinkertoy set  urged a California appeals court Tuesday to revive her putative false advertising class action, saying a trial court erred in ruling consumers didn't rely on labeling showing models that couldn't be constructed with the set when making their purchases.

  • July 22, 2014

    $2M Deal OK’d Between JPMorgan Unit And NJ Borrowers

    A New Jersey federal judge has approved a roughly $2.25 million settlement between a JPMorgan Chase & Co. subsidiary and a class of consumers who alleged the company charged them late fees on their mortgage payments even when they were on time.

  • July 22, 2014

    Ballard Spahr Snags Ally Financial Auto Finance Pro In NY

    Ballard Spahr LLP has lured a former Ally Financial Inc. in-house counsel with years of experience in auto financing and leasing, to join its consumer financial services group in New York, the firm said Tuesday.

  • July 22, 2014

    Save-A-Lot Workers Seek Final OK For $4.5M OT Deal

    A consolidated class of Moran Foods LLC employees urged a Connecticut federal judge Monday to issue final approval for a $4.5 million settlement to end suits alleging they were stiffed on overtime wages by a policy designed to underpay them.

  • July 22, 2014

    Google Privacy Policy Suit Trimmed Again But Still Standing

    A California federal judge on Monday threw out most of a proposed class action accusing Google Inc. of violating privacy laws by aggregating and storing users’ data across its various platforms, finding various claims still fell short of pleading standards.

  • July 22, 2014

    Goldman Asks For 2nd Circ. Review Of Abacus Class Action

    Goldman Sachs Group Inc. on Monday urged a New York federal judge to let the Second Circuit weigh in on its bid to reconsider a 2012 decision not to dismiss a consolidated class action over the bank’s infamous Abacus collateralized debt obligation that caused $1 billion in investor losses.

  • July 22, 2014

    Kraft Removes Unpaid Wages Action To Calif. Federal Court

    A California man hit Kraft Foods Group Inc. with a proposed class action alleging the company failed to pay wages for missed meal breaks to its hourly production employees, according to a complaint removed to California federal court on Monday.

  • July 22, 2014

    RLI Skirted Shareholder Vote On Stock Options, Suit Says

    A pension fund on Monday launched a proposed class action accusing RLI Corp. of lowering the strike price of its employee stock options without first getting the go-ahead from shareholders, potentially diluting the value of their shares in the specialty insurer.

Expert Analysis

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training and critical thought to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 9th Circ. Thinks Inside The Bun In Taco Bell TCPA Suit

    Paul A. Werner

    A Ninth Circuit decision in Thomas v. Taco Bell Corp. provides much-needed guidance and a clear limitation on the vicarious liability concepts introduced by the Federal Communications Commission to the Telephone Consumer Protection Act litigation mix, say Paul Werner and J. Aaron George of Sheppard Mullin Richter & Hampton LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Class Certification In A Post-Halliburton II World

    Mark I. Gross

    After the U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund Inc., the landscape for securities fraud class actions has been altered with the addition of price impact to analysis, which will certainly keep testifying experts busy for the foreseeable future, says Marc Gross of Pomerantz LLP.

  • Defendants, Not Plaintiffs, Drive Up Class Action Costs

    Fred T. Isquith

    Halliburton and its amici contend that securities class actions allow plaintiffs to extort large settlements from defendants for meritless claims and impose excessive costs on businesses, but it is defendants and their counsel that have turned each aspect of such cases into an arena of hand-to-hand combat with no expenses spared, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Growing Insistence Among Courts For Ascertainability

    David E. Kouba

    The Third Circuit's ruling in Carrera v. Bayer Corp. has proven to be no outlier as federal courts — with growing frequency — are rejecting class certification where class members lack receipts and other objective proofs of purchase, say David Kouba and Carolyn Pearce of Arnold & Porter LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • FDA's Primary Jurisdiction Won't Save Food Manufacturers

    Theodore E. Tsekerides

    It is becoming increasingly likely that all-natural food labeling disputes will have to be battled on a case-by-case and court-by-court basis, with no guarantee of uniform results, say Theodore Tsekerides and Melody Akhavan of Weil Gotshal & Manges LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.