Class Action

  • September 19, 2014

    Keurig Can Sell 2.0 Brewer During Antitrust MDL, Judge Says

    A New York federal judge on Friday rejected a bid to block Keurig Green Mountain Inc. from selling the latest version of its popular brewing machine because it was allegedly designed to expand a single-serving monopoly, saying the plaintiff didn’t show it would suffer irreparably without an injunction.

  • September 19, 2014

    Syngenta GMO Corn Taints Exports To China, Class Suit Says

    For the third time in a week, Syngenta faces suit over its genetically modified corn, this time in a class action led by Stracener Farming Co. that claims its shipments to China were rejected because Syngenta had released genetically modified seed into the U.S. corn supply.

  • September 19, 2014

    SanDisk Can't Escape Flash Memory Antitrust Suit

    A California federal judge denied SanDisk Corp.’s bid to toss a putative class action lodged by retailers and customers accusing the company of using its patents to monopolize the flash memory industry, ruling the plaintiffs have standing.

  • September 19, 2014

    Buyer Class In $261M Olive Oil Row Wins Cert. In Co.’s Ch. 11

    A New York bankruptcy judge on Friday certified a nationwide class of consumers whose stayed $261 million suit accused Kangadis Food Inc. of duping consumers into believing its olive oil was 100 percent pure when it was actually derived from olive pomace, an industrially produced and chemically derived fat.

  • September 19, 2014

    Whirlpool Moldy Washer Class Action Heads To Trial

    An Ohio federal judge on Friday rejected Whirlpool Corp.'s efforts to dismiss a class action over allegedly defective washers that gather mold, allowing the case to proceed to trial after the appliance maker's tortuous and ultimately futile attempts to disband the class.

  • September 19, 2014

    Pret A Manger Gets Approval For Don-Doff Wage Deal

    A New York federal judge on Friday greenlighted Pret A Manger (USA) Ltd.'s $910,000 settlement with a class of more than 4,000 workers in New York who claimed the sandwich chain cheated them of pay for the time it took to put on their uniforms. 

  • September 19, 2014

    LinkedIn Wants Remainder Of Email-Harvesting Suit Dismissed

    LinkedIn Corp. on Thursday called for a California federal judge to throw out the remainder of a putative class action alleging the social media network broke into users’ accounts to send emails on their behalf, saying the plaintiffs’ amended complaint fails to state a claim on which relief can be granted.

  • September 19, 2014

    Home Depot Hit With Canadian Suit Over Data Breach

    A putative class of Canadian consumers has launched a suit against retail giant Home Depot Inc. over its recently announced data breach, in which hackers accessed information for 56 million payment cards, according to a Thursday statement.

  • September 19, 2014

    Bankruptcy Judge Won’t Block $2.9M W.Va. Spill Settlement

    A West Virginia bankruptcy judge on Tuesday rejected a water company’s objection to Freedom Industries Inc.’s $2.9 million class action settlement over a chemical spill that contaminated the drinking water in West Virginia, finding the agreement is reasonable.

  • September 19, 2014

    GM MDL Judge OKs Discovery On Post-2009 Accidents, Cars

    A New York federal judge on Friday allowed plaintiffs in multidistrict litigation over General Motors Co.'s ignition switch defect to pursue discovery in injury cases that involve accidents that took place after the automaker emerged from bankruptcy in 2009, and in economic loss cases that involve post-2009 vehicles. 

  • September 19, 2014

    Cos. Liable Under TCPA For 3rd-Party Texts, 9th Circ. Rules

    Companies that hire third parties to send unsolicited text messages can be liable for Telephone Consumer Privacy Act violations, the Ninth Circuit held Friday in a published opinion reviving a proposed class action that blamed U.S. Navy contractor Campbell-Ewald Co. for recruitment messages cellphone users received.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    Securitas Guard Vacation Pay Class To Be Certified

    A California federal judge on Thursday said he would give early certification to a class of Securitas Security Services Inc. guards alleging the company’s vacation pay policy is essentially a bonus program in disguise, tasking the parties to agree on a class definition.

  • September 19, 2014

    MetLife Blasts Class Cert. Bid In Homeowner Labor Costs Row

    Metropolitan Property and Casualty Insurance Co. on Thursday blasted a proposed class action in Arkansas federal court alleging it skimped on labor costs when paying out homeowners’ property damage claims, saying one named plaintiff doesn't even qualify as a member of the proposed class.

  • September 19, 2014

    GM Not Liable For Pre-Ch. 11 Settlement, 2nd Circ. Says

    The Second Circuit on Friday said General Motors LLC isn't on the hook for a settlement reached in a class action against its pre-bankruptcy predecessor over allegedly faulty transmissions, upholding a district court's ruling that the settlement wasn't an assumed liability under the bankruptcy sale order.

  • September 19, 2014

    Sharp Fights To Opt Out Of Deals In CRT Price-Fixing MDL

    Sharp Electronics Corp. on Thursday appealed the denial of its bid to opt out of $46 million in settlements with Hitachi Inc. and Samsung Group in multidistrict litigation over alleged cathode ray tube price-fixing, roughly two weeks after a California federal judge nixed its reconsideration attempt over the matter.

  • September 19, 2014

    Samsung’s Bid To Arbitrate Galaxy False Ad Suit Denied

    A California federal judge on Thursday denied Samsung Telecommunications America LLC’s attempt to arbitrate a proposed class action about alleged performance issues with its Galaxy S4 phone, finding that the company’s arbitration provision didn’t contain language that would make it legally binding.

  • September 19, 2014

    Petroleum Development Reaches $30M Deal With Class

    In a deal worth at least $30 million, Petroleum Development Corp. has settled with a certified class of several thousand investors who accused the energy company in California federal court of shortchanging them when it bought back their stakes in undeveloped Colorado oil properties, the company reported Friday.

  • September 19, 2014

    BofA Gets Nod On $31M Flood Insurance Class Settlement

    An Oregon federal judge gave final approval on Thursday to a $31 million settlement resolving seven proposed class actions alleging Bank of America NA illegally forced homeowners to buy excessive amounts of flood insurance, overruling objections that a 25 percent class counsel fee is too high. 

  • September 18, 2014

    KPMG Decries Futile Discovery 'Frolic' In $400M Sex Bias Suit

    KPMG LLP urged a New York federal judge on Thursday to penalize employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying female client service and support professionals for allegedly wasting the court's time with baseless discovery filings.

Expert Analysis

  • The Role Of Economics In Data Breach Class Actions

    Matthew Milner

    In order to estimate damages to plaintiffs in a putative consumer class action after a large data breach it is important to construct a rigorous economic analysis that models the actual and but-for worlds, the goal being to make each plaintiff whole to the extent there was economic harm resulting from the breach itself, says Matthew Milner of Edgeworth Economics LLC.

  • Debt Collector Envelopes Need To Protect Privacy

    Alan S. Kaplinsky

    Assuming the Third Circuit's decision in Douglas v. Convergent Outsourcing Inc. stands, the ruling should make debt collectors wary of any language or markings appearing on an envelope that in any way touch upon the debt collection effort, or that even remotely reveal private information about the borrower, say attorneys at Ballard Spahr LLP.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • Settling After Class Denial — If Only It Were That Easy

    Michael V. Rella

    The denial of class certification, while significant, does not conclusively dispatch a class claim. The class claim might reappear even after the defendant settles with the former lead plaintiff and the final judgment is entered, say James Goldfarb and Michael Rella of Murphy & McGonigle PC.

  • Class Ascertainability Continues To Become More Concrete

    David C. Kistler

    In the most recent example of a district court addressing ascertainability based on the Third Circuit's Marcus, Hayes and Carrera rulings, the matter of Paulsboro Derailment Cases demonstrates that, outside of consumer fraud class actions, plaintiffs can still overcome ascertainability, say David Kistler and Rachel Gallagher of Blank Rome LLP.

  • Readying For A New First Monday

    Fred T. Isquith

    Fall is in the air. September is flying by. In a few weeks the U.S. Supreme Court will be convening again. But while there are securities cases on the docket, there is nothing as momentous as Halliburton, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • BP Damages Will Be Punishing, Though Not Punitive

    B.D. Daniel

    After the Phase One rulings in the Deepwater Horizon oil spill litigation, any oil spill plaintiff still seeking punitive damages from BP PLC will face a gauntlet of legal obstacles, which is good reason to doubt BP will ever pay punitive damages in personal injury cases — a small consolation given BP's potential liability for civil penalties, says B.D. Daniel of Beck Redden LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Permissive Joinder Trend In GM Cases Benefits Plaintiffs

    Bob Langdon

    Cases filed against General Motors Co. over faulty ignition switches in states with permissive joinder may yield damages closer to those caused by auto accidents from defective vehicles compared with claimants that try their luck under Kenneth Feinberg's settlement plan, says Bob Langdon of Langdon & Emison.