Class Action

  • September 2, 2014

    BP Tries To DQ Atty Overseeing Deepwater Claims Payouts

    BP PLC on Tuesday called for the unseating of the court-appointed attorney who's in charge of paying out claims to individuals and businesses damaged by the Deepwater Horizon oil spill, the latest salvo in BP’s fight to limit its payout on an uncapped $9.2 billion settlement.

  • September 2, 2014

    5-Hour Energy Makers Urge Judge To Toss False-Ad Suit

    The makers of 5-hour Energy drinks on Tuesday urged a California federal judge to toss a putative class action alleging the highly caffeinated beverages fail to deliver on promises of long-lasting energy with no "crash," saying the plaintiffs didn't show they had relied on the claims to buy the product.

  • September 2, 2014

    Army Translators Seek Class Cert. In False Imprisonment Suit

    A group of translators and interpreters working on a U.S. military base in Kuwait filed for class certification Friday in a suit against their employer, contractor Global Linguist Solutions, saying they were forced to remain in substandard conditions without proper medical care after their passports were illegally confiscated.

  • September 2, 2014

    9th Circ. Won't Revive Yelp Extortion Class Action

    The Ninth Circuit on Tuesday rejected attempts to revive a proposed class action accusing Yelp Inc. of extorting advertising money from small businesses by manipulating and fabricating reviews, ruling Yelp was allowed to remove or rearrange positive reviews.

  • September 2, 2014

    GM Aims To Sync Discovery In State, Federal Defect Cases

    General Motors Co. said Friday that it would allow plaintiffs in consolidated state court actions over an alleged ignition switch defect to participate in discovery in multidistrict litigation before a New York federal judge, and that the MDL parties would likewise be able to participate in discovery in the coordinated suits. 

  • September 2, 2014

    Libor Investors Push High Court To Allow Immediate Appeal

    Bondholders accusing several major banks of rigging Libor told the U.S. Supreme Court Friday that there was no downside to letting them pursue a quick appeal of their antitrust claims while the broader multidistrict litigation over the alleged plot continues.

  • September 2, 2014

    4 Lessons From Carlyle's 7-Year Collusion Case

    Carlyle Group LP made a surprise change of course Friday and moved with its attorneys Latham & Watkins LLP to settle a proposed class action that had threatened a long, messy trial, bringing an end to the nearly seven-year collusion suit that ensnared many of the biggest U.S. private equity firms, roped in dozens of top law firms and left many lessons to be learned from the long road. Here, Law360 takes a look at some of the takeaways.

  • September 2, 2014

    Chipotle Seeks Depositions From Execs In OT Action

    Chipotle Mexican Grill Inc. asked a New York federal court Tuesday for help collecting the depositions of named and opt-in plaintiffs who allege the fast food chain misclassified them as overtime-exempt executives, claiming that the plaintiffs are trying to impede discovery.

  • September 2, 2014

    Pfizer Ducks Zoloft False-Ad Claims In Calif.

    Pfizer Inc. on Friday defeated for the second time allegations that it greatly exaggerated the efficacy of its antidepressant Zoloft, when a federal judge in California ruled the proposed class action claims are time-barred and dismissed the suit with prejudice.

  • September 2, 2014

    Allergan Must Face Suit Over Botox Labeling: 9th Circ.

    Allergan Inc. will have to face a derivative suit alleging its board improperly marketed the cosmetic drug Botox for off-label uses, the Ninth Circuit ruled Tuesday, finding the plaintiffs had alleged enough specific facts to move forward with their complaint without first making a demand on the board.

  • September 2, 2014

    Judge Slams Target Class Attys’ Sushi, Coffee Expenses

    A California federal judge said Tuesday that it was “wholly inappropriate” for attorneys representing a class of Target Corp. employees to seek reimbursement for coffees and sushi dinners from a $350,000 settlement, postponing her decision whether to grant final approval to the deal with 4,400 workers.

  • September 2, 2014

    Class Cert. Denied In Collapsed $2.5B Hedge Fund Row

    A Texas federal judge refused to certify a putative class accusing Perot Investments Inc. directors of lying about risky commercial mortgage-backed securities behind the collapse of $2.5 billion hedge fund Parkcentral Global LP, ruling in an opinion unsealed Tuesday that the class isn’t numerous enough.

  • September 2, 2014

    High Court Asked To Review Countrywide Loan Fee Class Suit

    A Missouri couple has asked the U.S. Supreme Court to review the Eighth Circuit's dismissal of their proposed class action against Countrywide Home Loans Inc. over allegedly unauthorized mortgage fees, claiming the decision permits defendants to dodge state law claims by removing cases to federal court.

  • September 2, 2014

    GM Seeks To Keep Ignition Switch Suits Out Of Calif. Court

    General Motors LLC urged a New York bankruptcy court on Friday to keep certain ignition-switch defect suits in that court because, despite plaintiffs' protests to the contrary, the California suit involves liabilities against GM's bankruptcy estate, not just against New GM.

  • September 2, 2014

    Vitamin Shoppe Sued Over Supplement False Labeling

    Vitamin Shoppe Inc. was slapped Tuesday with a putative class action in New York federal court, alleging the nutritional retailer misleads consumers about the effectiveness of its BodyTech protein supplements through its labeling by underdosing a digestive enzyme and making false claims about the function of lactase in the body.

  • September 2, 2014

    BofA Strikes Historic $32M Settlement To End TCPA Action

    A California federal judge has approved a $32 million settlement resolving a class action alleging Bank of America Corp. violated the Telephone Consumer Protection Act, an amount the parties claim is the largest recovery ever obtained in a finalized TCPA settlement, according to an order filed Friday approving the deal.

  • September 2, 2014

    EEOC Contests Bass Pro Appeal Bid In Race Bias Suit

    The U.S. Equal Employment Opportunity Commission on Friday fought Bass Pro Outdoor World LLC's bid for an appeal in a race bias suit, saying a Texas federal judge properly concluded that the EEOC could use a wider framework for proving systemic hiring discrimination.

  • September 2, 2014

    Whirlpool Can't Unravel Class In Moldy Washer Suit

    Whirlpool Corp. failed Tuesday to decertify a class of Ohio consumers, who claim the company didn’t warn them about an alleged mold-producing defect in its washers, when an Ohio federal judge ruled its objections were resolved by modifying the class or were previously rejected by the Sixth Circuit.

  • September 2, 2014

    NFL Rebuffs Players' Intervention Bid In Concussion Deal

    A group of ex-National Football League players who allege that they were encouraged to abuse painkillers should be barred from intervening in final negotiations over a proposed $765 million class action settlement in multidistrict litigation over concussions, the league told a Pennsylvania federal judge on Tuesday.

  • September 2, 2014

    Old Dominion To Pay $3.4M To Settle Drivers' Wage Claims

    Shipping company Old Dominion Freight Line Inc. reached an agreement Friday to pay $3.4 million to a putative class of more than 500 truck drivers to end a California federal court suit accusing the company of implementing overtime pay and meal break policies that violated state laws.

Expert Analysis

  • Food For Thought? Chew On These Class Action Trends

    Scott Elder

    Overall, food and beverage class actions during the first half of 2014 demonstrate that particular courts continue to have a large impact on the certification decision and inconsistency in such decisions remains the norm, say Scott Elder and Jenny Mendelsohn of Alston & Bird LLP.

  • Energy Drink Cos. May Find State AG Suits Hard To Swallow

    Michael L. Gruver

    What's novel about the recent action against 5-Hour Energy from state attorneys general is that it appears to be an end-run around primary jurisdiction and preemption because it doesn't address the energy drink's labeling or nutritional disclosures as a primary focus, say Michael Gruver and Glenn Pogust of Kaye Scholer LLP.

  • Jury Is Still Out On Scope Of Arbitration Clauses

    Allan A. Joseph

    Corporate America should take notice of the trend among state courts that is narrowing the scope and reach of arbitration clauses and consider revisiting the engineering behind their protective shield, says Allan Joseph of Fuerst Ittleman David & Joseph PL.

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • Capital One's Record Settlement May Spur More TCPA Suits

    Lewis S. Wiener

    As with the growing trend of high-dollar settlements that preceded it, Capital One Financial Corp.'s recent $75 million Telephone Consumer Protection Act-related settlement — the largest yet — only makes it more likely that there will be an uptick in such class actions and related individual cases, say attorneys at Sutherland Asbill & Brennan LLP.

  • Call And Record Me Maybe: The State Of CIPA Class Actions

    Ryan C. Nier

    The opinion in Young v. Hilton Worldwide Inc. signals a significant shift away from case law trending dangerously toward liability for California companies recording calls for service monitoring, say Ryan Nier and Elizabeth Dorsi of Paul Hastings LLP.

  • Texas Agrees, 'I Agree' Clause Can Mandate Arbitration

    Richard Raysman

    If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.

  • Tips For Restaurants (And Counsel) In A Gluten-Free World

    Kristen E. Polovoy

    Many food industry players want a piece of the $10.5 billion pie of the gluten-free food sector. Counsel who advise food sellers and restaurants that are considering use of “gluten-free” labels should educate themselves and their clients on several key issues, says Kristen Polovoy of Montgomery McCracken Walker & Rhoads LLP.

  • 9th Circ. Is Stuck In The '90s On Internet Terms Of Use

    Katherine Gasztonyi

    The Ninth Circuit's recent decision in Nguyen v. Barnes & Noble Inc. relies on the assumption that people don’t know about the existence of website terms of use. That might have made sense in, say, 1996, but this is simply no longer the case, say attorneys with Covington & Burling LLP.

  • Contention Over EEOC Conciliation Continues

    Gerald L. Maatman

    U.S. Equal Employment Opportunity Commission v. New Prime Inc. demonstrates that the U.S. Supreme Court's eventual ruling in Mach Mining will be a game changer for employers since the EEOC's current position basically claims that courts should simply take the commission's word when its claimed to have negotiated in good faith, say Gerald Maatman Jr. and Howard Wexler of Seyfarth Shaw LLP.