Class Action

  • August 22, 2014

    AT&T To Pay $5M To End Wage-And-Hour Class Action

    AT&T Mobility LLC has agreed to pay $5 million to resolve a putative class action brought by employees at the company's retail stores who alleged they were short-changed on overtime and other wages, according to a filing Thursday in California federal court.

  • August 22, 2014

    Transitions Wants Rival's Claims Tossed From Antitrust MDL

    Transitions Optical Inc. on Thursday urged a Florida federal judge to toss the claims of private equity-owned rival Vision-Ease Lens Worldwide Inc. from a multidistrict litigation accusing Transitions of impeding competition in the market for photochromic lenses, saying Vision-Ease's lost market share was due to its own shoddy product.

  • August 22, 2014

    NY Firms' Fees Row Over IPO Securities Suits Hits Court

    Brower Piven APC has hit Harwood Feffer LLP with a suit in New York federal court, alleging Harwood owes the law firm nearly $170,000 in referral fees connected to a consolidated securities action over the late 1990s initial public offerings of dozens of companies.

  • August 22, 2014

    Parents Seek Cert. For Minors In Facebook Game Credit Suit

    A group of parents who sued Facebook Inc. for making money off game and application credits unknowingly purchased by their children urged a California federal judge on Thursday to certify a class of minor users, saying certification is just a “short step” after denying Facebook’s motions to dismiss.

  • August 22, 2014

    6th Circ. Won't Lift Stay On TRW Health Benefits Fight

    The Sixth Circuit on Thursday refused to lift a stay blocking TRW Automotive Holdings Corp. retirees' bid for rehearing of their health benefits class action, despite the plaintiffs' argument that a pending U.S. Supreme Court case over retiree health care benefits deals with different union contracts.

  • August 22, 2014

    Classes Urge Cert. In GM False 'Monroney' Sticker Suit

    A Florida federal judge on Friday was urged to grant class certification to a suit accusing General Motors LLC of applying "Monroney" stickers to certain vehicles for sale and lease that falsely implied that the vehicles received the highest federal safety rankings available, when the automobiles had received no such rankings.

  • August 22, 2014

    Aaron's Should Be On Hook For Computer Spying, Court Told

    A pair of attorneys on Thursday shot back at an attempt by Aaron's Inc. and its franchisee to shut down a putative class action them of spying on customers through their rental computers, arguing a recent U.S. Supreme Court decision supports the notion that the alleged privacy intrusion was not trivial.

  • August 22, 2014

    Howmedica Sales Reps. Win Cert. In Reimbursement Suit

    A California federal judge on Thursday certified a class of sales representatives who have accused Stryker Corp. and its subsidiary Howmedica Osteonics Corp. of failing to reimburse them for business expenses, finding the putative group had met all of their certification requirements.

  • August 21, 2014

    NFLers Who Rejected IP Deal Must File Suits By Fall

    Former National Football League players who opted out of a $42 million settlement with the league over their publicity rights will each have to file individual complaints by October if they want to keep their suits alive, a Minnesota federal judge ordered on Thursday.

  • August 21, 2014

    Halliburton Investor Asks To Depose Cheney, Citing His Health

    The plaintiff in a securities class action against Halliburton Co. involving asbestos litigation liability on Thursday asked a Texas federal judge to permit deposition of former CEO Dick Cheney, despite discovery in the case being stayed, saying Cheney's heart could render him unavailable later.

  • August 21, 2014

    Kia, Hyundai's $255M Deal In Fuel Efficiency MDL Gets OK

    Hyundai Motor America and Kia Motors America won approval from a California federal judge on Thursday for a settlement potentially worth over $255 million to resolve claims in multidistrict litigation that the companies overstated the fuel efficiency of over 900,000 vehicles.

  • August 21, 2014

    $1.6M Deal Poised To Wrap Up Maxim Healthcare OT Suit

    Maxim Healthcare Services Inc. has agreed to a class and collective action settlement worth nearly $1.6 million in a lawsuit accusing the company of misclassifying recruiters as exempt from state and federal overtime pay requirements, according to a Thursday filing in Atlanta federal court.

  • August 21, 2014

    Jamba Juice Buyers Seek Cert. In 'Natural' False Ad Suit

    Jamba Juice Co. customers urged a California federal judge on Thursday to certify a class of California consumers who bought the company's at-home smoothie kits and claimed that its “all natural” labeling was false because the products contain synthetic ingredients, including gelatin and xanthan gum.

  • August 21, 2014

    RadioShack Workers Lose 2nd Bid For Cert. In OT, Break Suit

    A group of workers suing RadioShack Corp. for allegedly refusing to give them breaks for pay for overtime lost a second bid for class certification when a California federal judge ruled the plaintiffs hadn't adequately shown they could prove the company's policy of denying breaks was implemented, according to an order filed Thursday.

  • August 21, 2014

    Morgan Stanley's $4.2M Deal In OT Class Action Gets Nod

    A New York federal judge on Thursday preliminarily approved the $4.2 million settlement Morgan Stanley & Co. LLC has agreed to pay to end a collective action accusing the financial services company of failing to pay overtime to client services associates.

  • August 21, 2014

    DC Circ. Stance Threatens Agency Flexibility, DOL Says

    The U.S. Department of Labor on Wednesday urged the U.S. Supreme Court to reverse a D.C. Circuit ruling that nixed the agency's 2010 reclassification of mortgage loan officers as eligible for overtime pay, arguing that the appeals court's approach undermined the flexibility Congress wanted agencies to have.

  • August 21, 2014

    Whole Foods Slapped With $5M Homeopathy Class Action

    Whole Foods Market Inc. was hit with a $5 million putative class action Thursday in Florida federal court for allegedly misleading hundreds of thousands of purchasers into believing their products effectively treat the flu as well as coughing and other symptoms in adults and children, when the products are actually "worthless."

  • August 21, 2014

    AmEx Agrees To $6M Class Settlement Over Rate Changes

    American Express Bank FSB has agreed to pay up to $6 million to end accusations it improperly increased consumers’ fixed interest rates to a higher, variable rate without permission or notification, the plaintiffs disclosed Wednesday in California federal court.

  • August 21, 2014

    Mazda Hit With Class Action Over Engine Valve Defect In NJ

    Mazda Motor of America Inc. was slapped Thursday with a putative class action in New Jersey federal court that accuses the automaker of concealing from consumers an engine valve system defect included in certain Mazda vehicles and refusing to repair the issue in breach of warranty.

  • August 21, 2014

    Sharp Can't Opt Out Of Cathode Ray MDL Settlement Class

    Sharp Electronics Corp.’s failure to send outside counsel a settlement notice wasn’t enough to excuse its delay in opting out of $46 million in settlements with Hitachi Inc. and Samsung Group in a cathode ray tube price-fixing multidistrict litigation, a California federal judge ruled Wednesday.

Expert Analysis

  • 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.

  • 4th Circ. RJR Pension Case Could Change ERISA Landscape

    Myron D. Rumeld

    If the Fourth Circuit's reasoning in Tatum v. RJR Pension Investment Committee is adopted elsewhere the case could substantially impact the future conduct of fiduciary breach litigation as well as plan practices in administering stock funds, say Myron Rumeld and Russell Hirschhorn of Proskauer Rose LLP.

  • Big Data's Potential Disparate Impact Problem

    David J. Walton

    While big data can help eliminate individual biases in an employer's hiring process, the potential for disparate impact litigation arising from data analytics is real and imminent — even a program that is neutral on its face could result in disparate impact on protected classes, says David Walton of Cozen O'Connor PC.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Books And Records Increasingly An Open Book

    Daniel E. Wolf

    In theory, companies have a number of ways to challenge books-and-records demands, but a progression of Delaware cases — including a Wal-Mart shareholder suit — has shown that such demands have increasingly generated expensive and time-consuming document production exercises and provided an avenue to trawl for documents that could facilitate derivative litigation, say Daniel Wolf and Matthew Solum of Kirkland & Ellis LLP.

  • 6th Circ. Reminds Employers Of Collective Action Danger

    Chuck Mataya

    The Sixth Circuit's ruling in Killion v. KeHe Distributors should remind employers that they accept a risk — which is compounded by the threat of a collective action — whenever they treat an employee as exempt under the Fair Labor Standards Act, says Chuck Mataya of Bradley Arant Boult Cummings LLP.

  • 3 New Weapons To Combat Shareholder Litigation

    Jordan D. Temple

    Class action shareholder litigation continues to be at the forefront of recent developments in corporate law, but courts in various jurisdictions have recently been chipping away at such aggressive litigation. Companies now have more options in defending against these suits, says Jordan Temple of Parker Poe Adams & Bernstein LLP.

  • So We Agree It’s Price-Fixing, But ...

    Joseph Ostoyich

    A class action plaintiffs attorney recently conceded both of our key points regarding a very common practice among plaintiffs law firms that looks an awful lot like outright price-fixing, but we have yet to hear why the refusal by class action plaintiffs firms to bid against each other amounts to something other than collusion condemned by the Sherman Act, say Joseph Ostoyich and William Lavery of Baker Botts LLP.