Class Action

  • September 30, 2014

    Treasury, FHFA Duck Suits Over Fannie, Freddie Profit Sweep

    A District of Columbia federal judge on Tuesday threw out a class action and three individual lawsuits brought against the U.S. Department of the Treasury and the Federal Housing Finance Agency for altering stock purchasing agreements and sweeping profits from Fannie Mae and Freddie Mac to the Treasury.

  • September 30, 2014

    Citibank, Chase Borrowers' RICO Class Actions In Jeopardy

    A California federal judge on Tuesday cast doubt on a pair of proposed class actions accusing Citibank NA and JPMorgan Chase & Co. of violating the Racketeer Influenced and Corrupt Organizations Act by charging property-inspection fees to mortgage borrowers in default, saying she didn't think their inspection fee policies amounted to racketeering.

  • September 30, 2014

    Louis Dreyfus Can't Shake Cotton Price Manipulation Suit

    A New York federal judge on Tuesday shut down most of Louis Dreyfus Commodities BV’s bid to escape a class action brought by traders who say the company inflated cotton prices and manipulated cotton futures, but he agreed to trim one of the putative class’ antitrust claims.

  • September 30, 2014

    Endo Settles 'Substantially All' AMS Vaginal Mesh Claims

    Endo International plc said Tuesday that it has reached settlements with several of the remaining plaintiffs suing Endo’s American Medical Systems Inc. subsidiary over allegedly harmful vaginal mesh products, resolving “substantially all” of the claims in the case without admitting any liability or fault.

  • September 30, 2014

    Investors In $10B JPMorgan MBS Suit Get Partial Cert.

    A New York federal judge on Tuesday partially certified a class of investors accusing JPMorgan Chase & Co. of falsely representing underwriting standards for $10 billion worth of mortgage-backed securities, but ruled the plaintiffs failed to show that their damages could be determined on a classwide basis. 

  • September 30, 2014

    High Court Ducks Thorny Tolling Clash In IndyMac Reversal

    When the U.S. Supreme Court on Monday reversed its decision to hear a long-anticipated appeal over whether a tolling provision should apply to certain securities class actions, it left in place a potentially damaging circuit split over the timing of investor opt-out rights and caused many observers to scratch their heads.

  • September 30, 2014

    Gas Groups Ask Justices To Undo 9th Circ. Price-Fixing Ruling

    Several natural gas trade associations and free enterprise advocate the Washington Legal Foundation have asked the U.S. Supreme Court to reverse the Ninth Circuit’s decision to revive state-law claims in multidistrict litigation over natural gas price-fixing, claiming the ruling could have a destabilizing effect.

  • September 30, 2014

    Goldman, Others Get Initial Approval For $590M LBO Deals

    A Massachusetts federal judge on Monday granted initial approval to $590 million in settlements with a class of shareholders who claim Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low.

  • September 30, 2014

    AT&T Pays $45M To Settle TCPA Class Action

    AT&T Mobility LLC asked a Montana federal judge on Tuesday to approve a $45 million settlement that would resolve a proposed class action alleging the company violated the Telephone Consumer Protection Act by making unsolicited calls to individuals who purported not to be AT&T subscribers.

  • September 30, 2014

    Sallie Mae Contractor Must Face Secret Call Recording Suit

    A California federal judge on Monday refused to dismiss a proposed class action accusing a Sallie Mae Inc. contractor of surreptitiously recording phone calls with consumers, rejecting arguments that the recordings would only have constituted eavesdropping if an unaffiliated third party had also been listening.

  • September 30, 2014

    Hyundai Gets Contract Claims Pared In Sonata Brake Row

    A New York federal judge on Tuesday trimmed claims in a putative class action accusing Hyundai Motor America Inc. of equipping certain Sonata vehicles with defective brakes and refusing to cover repair costs, tossing claims for breach of contract and unjust enrichment but keeping the express warranty and state law claims in play.

  • September 30, 2014

    Antitrust Cases To Watch As Supreme Court Term Kicks Off

    The U.S. Supreme Court is poised to review several narrow but potentially important questions in antitrust cases in the coming months, including the court's second Federal Trade Commission state action case in three years and a Libor-spawned fight over multidistrict litigation appeals. Here, Law360 takes a detailed look at the top cases on competition attorneys' radar.

  • September 30, 2014

    Daimler Ruling Comes To Banks' Aid In Yen-Libor Action

    A federal judge on Tuesday appeared skeptical — following the Supreme Court's landmark Daimler decision curtailing U.S. jurisdiction over foreign defendants — that Japanese banks and Deutsche Bank AG are subject to New York class claims of fixing yen-denominated Libor rates absent a showing of direct ties to the Second Circuit.

  • September 30, 2014

    Mitsubishi Sued Over Truck Engine Emissions Defect

    Mitsubishi Fuso Truck of America Inc. was hit with a putative class action in New Jersey federal court on Monday, accusing the truck giant of installing a defective emissions control system in its diesel-powered, medium-duty trucks that causes various parts to fail and the trucks to lose power.

  • September 30, 2014

    Payless Shoesource Gets ZIP Code Storage Suit Tossed

    A Massachusetts federal judge on Monday booted a proposed class action alleging Payless Shoesource Inc. illegally stored customers' ZIP codes, saying the suit failed to meet basic statutory requirements since the lead plaintiff’s name was not included on the initial demand letter.

  • 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.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • 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.