Class Action

  • August 1, 2014

    Dreamworks Hit With Investor Class Action Over 'Turbo' Flop

    DreamWorks Animation SKG Inc. was hit with a proposed securities class action in California federal court on Friday by an investor who says the company was too slow to take its $13.5 million write-down for the movie "Turbo," a cartoon about a snail with super-speed.

  • August 1, 2014

    Attys Can Use 'Confidential' Vocera Docs In Investor Suits

    A California federal judge on Thursday refused to block investors in two securities class actions accusing Vocera Communications Inc. of artificially inflating its stock prices from using purportedly confidential internal company documents, ruling investigators working for the plaintiffs' counsel didn't obtain them improperly.

  • August 1, 2014

    Conagra To Change Sodium Labeling On Sunflower Seeds

    ConAgra Foods Inc. on Friday reached an agreement in California federal court to relabel its David brand sunflower seeds to disclose the sodium content for both kernels and shells in order to settle a class action that alleged the company doesn’t list the full amount of sodium on its packaging.

  • August 1, 2014

    Workers Warn Calif. High Court On Seating Class Actions

    Former workers behind seating suits against CVS Pharmacy Inc. and JPMorgan Chase Bank NA told the California Supreme Court on Thursday that the companies are pushing for courts to take an approach to the state's suitable seating requirements that would preclude class actions.

  • August 1, 2014

    Judge OKs Apple E-Books Settlement

    A New York federal judge on Friday signed off on a $450 million e-books antitrust settlement with the government, finding that further discussions with class attorneys quelled her concerns about a provision of the deal that could result in Apple paying much less money depending on the outcome of an appeal.

  • August 1, 2014

    10th Circ. Takes Narrow View Of Liability In Investor Suits

    The Tenth Circuit on Friday ruled that an action brought under Section 11 of the Securities Act of 1933 must show a defendant knew opinions in public statements were false when they were being made, joining the Second, Third and Ninth circuits in a question set to be answered by a high-profile Supreme Court case next term.

  • August 1, 2014

    GM Says Chevy Traverse Airbag Light Suit Moot After Recall

    General Motors LLC urged a Florida federal judge on Friday to toss a putative consumer class action over alleged defects in some Chevy Traverse airbag warning lights, arguing the claims are moot because GM recalled the vehicles days after the suit was filed.

  • August 1, 2014

    DC Circ. Backs Cert. In Black Agents' Discrimination Suit

    A D.C. Circuit panel on Friday sunk the U.S. government's appeal of a decision certifying a class of African-American special agents who accused the U.S. Secret Service of systematically denying black agents promotions, ruling that the class claims were sufficiently similar.

  • August 1, 2014

    AIG Investor Loses Bid To Bring Back Securities Suit

    The D.C. Circuit on Friday rejected a move by an American International Group Inc. investor to revive a putative class action against the insurance giant, finding a lower court correctly tossed the securities suit on jurisdictional grounds.

  • August 1, 2014

    Carlyle Not Backing Down In Massive LBO Collusion Suit

    While other big-name private equity shops have settled, the Carlyle Group LP on Friday indicated it wasn't ready to throw in the towel on a long-running suit accusing it and several other private equity firms of teaming up to depress prices in leveraged buyouts leading up to the financial crisis.

  • August 1, 2014

    Jos. A. Bank Beats Deceptive Sales Price Suit At 7th Circ.

    The Seventh Circuit on Friday affirmed the tossing of a putative class action accusing Jos. A. Bank Clothiers Inc. of misleading consumers to believe they were purchasing merchandise at sales prices that actually reflected the full prices of the garments, saying the suit doesn’t provide any actual evidence of fraud.

  • August 1, 2014

    Consumers Lose Class Cert. Bid In Intel Antitrust MDL

    A Delaware federal judge refused Thursday to grant class certification to a group of consumers pursuing a nearly decade-old antitrust suit accusing Intel Corp. of squeezing out a rival microprocessor manufacturer.

  • August 1, 2014

    Whole Foods Mislabels Greek Yogurt Sugar Content, Suit Says

    Whole Foods Market Inc. was hit Friday with a putative class action in Massachusetts federal court, accusing the grocery chain of falsely marketing its 365 Everyday Value Plain Greek Yogurt product as containing only 2 grams of sugar per serving when it actually contains six times the labeled amount.

  • August 1, 2014

    Hertz Wants Currency Conversion Fee Class Action Tossed

    The Hertz Corp. asked a New Jersey federal judge on Friday to toss a proposed class action alleging the company failed to disclose currency conversion fees to customers who rent cars from the company abroad, claiming the Hertz units involved are foreign subsidiaries not subject to the court’s jurisdiction.

  • August 1, 2014

    Chipotle Investors Seek OK For Deal Over Illegal Hirings

    Chipotle Mexican Grill Inc. investors urged a Colorado federal judge Thursday to sign off on a deal with company executives that would significantly enhance the company's internal oversight of its hiring policies in the wake of several federal investigations over the hiring of undocumented workers.

  • August 1, 2014

    Deutsche Bank, HSBC Accused Of Manipulating Silver Futures

    Deutsche Bank AG, HSBC USA Bank NA and The Bank of Nova Scotia were hit Thursday with a class action in a New York federal court alleging they engaged in a scheme to manipulate the price of silver futures.

  • August 1, 2014

    Capital One, 3 Others Settle TCPA Action For Record $75M

    Capital One Financial Corp. and three collections agencies have agreed to pay almost $75.5 million to settle a consolidated class action alleging they used an automated dialer to call customers’ cellphones without consent, a settlement attorneys say is the largest ever under the Telephone Consumer Protection Act.

  • August 1, 2014

    Red Bull Puts Up $13M To Settle False Advertising Suit

    Red Bull GmbH agreed Thursday to pay over $13 million to settle a proposed class action in New York federal court accusing the Austria-based beverage company and its U.S. subsidiaries of falsely advertising its energy drinks as providing more benefit to a consumer than a cup of coffee.

  • July 31, 2014

    AbbVie Investor Says Brass Exposed Co. To Off-Label Claims

    An AbbVie Inc. shareholder launched a derivative suit Thursday in Delaware Chancery Court accusing the biopharmaceutical company’s brass of saddling it with the risk of liability connected to whistleblower accusations of physician kickbacks and off-label drug marketing directed at former parent Abbott Laboratories before a spinoff.

  • July 31, 2014

    Ex-NFLers Seek Medical Docs Amid $765M Concussion Deal

    Twenty-four ex-National Football League players and retired players' wives asked a Pennsylvania federal judge on Thursday to allow them to obtain medical records they claim are essential to deciding whether they will support the NFL's recent $765 million concussion settlement proposal in multidistrict litigation.

Expert Analysis

  • Next Up For California Restaurants: Seats For Line Cooks?

    Michael S. Kun

    The California Supreme Court is poised to explain what an obscure “suitable seating” provision buried in the state’s wage orders means for employers — and the court’s ruling could mean that restaurants will have to provide seats to hosts, hostesses and line cooks, says Michael Kun of Epstein Becker & Green PC.

  • Calif. Narrows Scope Of Medical Info Privacy Law

    Adam Greene

    The California appeals court decision in Sutter Health v. The Superior Court of Sacramento County and Dorothy Atkins is very good news for California health care providers because it substantially increases the burden on plaintiffs in health information breach cases, say Adam Greene and Jeanne Sheahan of Davis Wright Tremaine LLP.

  • Automotive Recalls, Mootness And Class Actions

    Kara F. Kennedy

    Taken together, Cheng v. BMW of North America LLC and Hadley v. Chrysler Group LLC may demonstrate an increasing willingness by courts to invoke mootness doctrines in recall cases, enabling defeat of class certification, says Kara Kennedy of Alston & Bird LLP.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Spoiling To Get Out Of Spoliation Sanctions? Here's How

    Glen A. Kopp

    Recent sanctions levied in the putative class action Osberg v. Foot Locker Inc. serve as a potent reminder that adhering to data and document preservation requirements is imperative to avoiding spoliation sanctions, say Glen Kopp and Matthew Baker of Bracewell & Giuliani LLP.

  • Dukes May Have Doomed Toxic Tort Class Certification

    Peter E. Seley

    Heightened focus on commonality and the other Rule 23 prerequisites post-Dukes has been a tremendous hurdle for toxic tort class action plaintiffs as courts reject classes based on the individual nature of exposure, causation and damages and the insufficiency of expert testimony, say attorneys at Gibson Dunn & Crutcher LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • Does 'Consent' Survive Cellphone Number Recycling?

    Perrie M. Weiner

    The new Twitter case in the Northern District of California raises interesting issues regarding the Telephone Consumer Protection Act’s concepts of “consent” and “called party” that have not yet been finally determined by either the courts or the Federal Communications Commission, say attorneys with DLA Piper LLP.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.