Class Action

  • November 25, 2015

    BofA, JPMorgan, Others Stifling Rate-Swaps Competition: Suit

    Bank of America Corp., Goldman Sachs Group Inc., JPMorgan Chase & Co. and seven other large banks have rigged the market for interest-rate swaps by blocking companies from launching public exchanges of the derivatives, according to a proposed class action filed in New York Wednesday.

  • November 25, 2015

    GM Ruling On Atty Docs Shows High Bar For Fraud Exception

    A New York federal court ruled Wednesday that communications between General Motors and its outside counsel King & Spalding over ignition switch-related settlements are privileged documents, in a significant decision that attorneys say shows that plaintiffs cannot invoke the crime fraud exception unless they show that a defendant's attorneys actually participated in the alleged fraud. 

  • November 25, 2015

    Ex-Faruqi Atty Sues For Slice Of Firm’s Leucadia Suit Fees

    An ex-Faruqi & Faruqi LLP partner who testified in a recent sex assault case against the firm launched a New York federal suit Wednesday, saying Faruqi didn’t pay her for work in shareholders’ litigation challenging Leucadia National Corp.'s $3 billion deal for Jefferies Group Inc.

  • November 25, 2015

    Quest Escapes Antitrust Class Action

    A California federal judge on Wednesday dismissed a proposed class action alleging Quest Diagnostics Inc. monopolized diagnostic services in California by paying kickbacks, colluding with insurers and acquiring competitors, saying that their allegations of monopoly overcharging don’t have factual support.

  • November 25, 2015

    Minn. Towns Ask 8th Circ. To Preserve Tribal Sanctions

    Eight Minnesota counties and townships asked the Eighth Circuit on Tuesday to uphold a lower court’s June order sanctioning descendants of the Mdewakanton people for allegedly bringing frivolous claims in a land dispute, saying the descendants had no valid claim to a 12-square-mile tract.

  • November 25, 2015

    Citigroup Investors File New RMBS Suit, Claim $2.3B In Losses

    Pacific Investment Management Co. and other investors on Tuesday filed the latest suit accusing Citibank NA of ignoring widespread problems with toxic residential mortgage-backed securities, claiming $2.3 billion in losses in a proposed class action in New York state court.

  • November 25, 2015

    SoulCycle Says Suit Misconstrues Classes As Certificates

    Stationary cycling chain SoulCycle Inc. told a California federal court Wednesday that a customer alleging the company violated legal restrictions for expiration dates on gift certificates fabricated the term "series certificates" to mischaracterize its sale of classes as gift certificates.

  • November 25, 2015

    United Beats Suit Over Limitations On DirecTV Service

    A New Jersey federal judge on Tuesday tossed a proposed class action alleging United Airlines Inc. stiffed customers who bought DirecTV or Wi-Fi service that didn't work beyond the continental U.S. on international flights, saying the suit’s claims are preempted under federal law.

  • November 25, 2015

    Nasdaq Can’t Shake Immunity Decision In Facebook IPO Suit

    A New York federal judge on Tuesday declined to vacate a ruling that Nasdaq’s immunity as a self-regulatory organization didn’t protect it from claims related to its botched handling of Facebook’s initial public offering, finding the decision should stand despite a recent settlement.

  • November 25, 2015

    P&G Says Fixodent Users' Appeal Is Backed By Bad Evidence

    Proctor & Gamble recently urged the Eleventh Circuit not to revive multidistrict litigation claiming that zinc in Fixodent denture glue can cause neurological damage, saying a lower court didn’t err in concluding scientific evidence submitted by the denture users was too unreliable.

  • November 25, 2015

    Delta, AirTran Fight To Keep Experts In Baggage Fee MDL

    Delta and AirTran fought back in antitrust multidistrict litigation Tuesday against requests by a proposed class of baggage fee-paying customers to exclude testimony from the airlines’ experts, telling a Georgia federal judge their experts could attest to the fees’ effect in reducing base fare.

  • November 25, 2015

    Shoppers Defend Cert. Bid In P&G, Kellogg False Ad Suit

    A pair of consumers defended their right to sue Procter & Gamble and Kellogg over labels indicating Pringles potato chips contain “0 trans fat” and vegetarian ribs use “evaporated cane juice,” respectively, telling a California judge on Wednesday that their testimony didn't undermine their bid for class certification as the companies had argued.

  • November 25, 2015

    Teikoku Loses Bid To Boot 12 Firms From Lidoderm MDL

    A California federal judge on Wednesday refused to disqualify 12 law firms representing retailers in pay-for-delay multidistrict litigation over the Lidoderm pain relief patch, saying plaintiffs’ attorneys’ use of a privileged document mistakenly handed over by Japanese drugmaker Teikoku did not warrant disqualification.

  • November 25, 2015

    British Airways Wants Fliers Sanctioned In Surcharge Suit

    British Airways PLC on Wednesday asked a New York federal judge to sanction a proposed class of passengers accusing the airline of violating its frequent-flier program contract by imposing impermissible fuel surcharges on rewards flights, blasting the passengers’ “brazen” attempt to "sandbag" it on expert testimony.

  • November 25, 2015

    Toyota Steers Deceptive Lease Class Action To Arbitration

    A California judge on Wednesday tentatively sent to arbitration a putative class action alleging Toyota Motor Credit Corp. applies illegal fees when repossessing leased vehicles, noting that the plaintiff signed a lease agreement containing an arbitration clause not once, but twice.

  • November 25, 2015

    Wright Hit With $11M Jury Verdict In Hip Implant Bellwether

    An Atlanta jury hit Wright Medical Technology Inc. with an $11 million verdict Tuesday in the first bellwether trial in multidistrict litigation over its allegedly defective metal hip implant, finding that the plaintiff's implant was defective and that the company had misrepresented the safety of the device.

  • November 25, 2015

    Wal-Mart Slams Class Cert. Bid In Mexico Bribery Suit

    Wal-Mart Stores Inc. urged an Arkansas federal judge Tuesday not to certify a class of investors in a shareholder suit claiming it concealed the extent of the company’s possible bribery of Mexican officials.

  • November 25, 2015

    Herbalife KOs Pyramid Scheme Suit In Latest Round

    A California federal judge permanently dismissed a securities class action against supplement company Herbalife on Tuesday after finding that multiple opportunities to amend didn't get investors any closer to plausibility on their allegations that the company lied when it denied being a pyramid scheme.

  • November 25, 2015

    Toyota, Ford, GM Topple Car-Hacking Claims

    Drivers accusing Toyota, Ford and GM of leaving their vehicles’ computers vulnerable to hackers had their proposed class action claims dismissed in California federal court on Wednesday, after a judge said they haven’t shown that they’ve suffered any actual injury.

  • November 25, 2015

    PNC Mortgage Loan Officers Nab Certification In Wage Suit

    A Pennsylvania federal judge on Wednesday conditionally certified a collective action in a lawsuit accusing PNC Bank NA of failing to pay its mortgage loan officers adequate overtime and of not paying them for all the hours they worked.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • Stop The Madden Madness

    Michael C. Tomkies

    Fairly read, the Second Circuit opinion in Madden v. Midland Funding does not overturn centuries of case law on the so-called "valid when made" doctrine. As plaintiffs have already begun to introduce Madden-related arguments in their filings, it is critical that the financial services industry proactively clarify the limited scope of Madden, say Michael Tomkies and Susan Manship Seaman of Dreher Tomkies LLP.

  • A Rare Insurance Defendant Class Action In Ohio


    Defendant class actions are exceedingly rare, and insurers bringing declaratory judgments against numerous known and unknown claimants is even more rare. But in Medical Protective Company v. Center for Advanced Spine Technologies in Ohio federal court, just such a class was recently certified, says Jonathan Reich at Womble Carlyle Sandridge & Rice LLP.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Don't Let Mobile App 'Consumer' Become 'Subscriber'

    Zuzana Ikels

    The Eleventh Circuit's recent decision in Ellis v. Cartoon Network addressed a question of first impression at the appellate level — when a user of a free mobile application is a “subscriber” under the Video Privacy Protection Act. But the ruling's implications go far beyond the VPPA. The case illuminates three strategic issues that should be considered in developing mobile apps, says Zuzana Ikels of Polsinelli PC.

  • Safe Harbor Needed For Arbitral Rights In Absent Class Claims

    Richard A. Ripley

    To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)

  • Class Counsel Fees Getting 'Intense Judicial Scrutiny'

    Carolyn Cole

    Recognizing that defendants have no duty and little incentive to object to an inflated class counsel fee request, and that class counsel have every incentive to increase their fees, Judge Richard Posner and the Seventh Circuit have filled this void by directing “intense judicial scrutiny” of class counsel fee awards. In doing so, the court identified issues all counsel now should consider when crafting a class action settlement, sa... (continued)

  • Don't Let Lax Vendor Info Security Ruin Your Holiday Sales

    Dean Harvey

    Large retailers often have thousands of vendor relationships, some of which are tightly integrated with the retailers’ businesses. Yet contracts with vendors, and particularly agreements entered into years ago, may not include clearly defined information-security obligations and standards. Perkins Coie LLP attorneys discuss the seven steps retailers can take to mitigate the risks of vendor-related data breach.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.