Class Action

  • August 28, 2015

    Judge Upholds Native Oilfield Drivers' $3.7M OT Award

    A Texas federal judge refused Thursday to overturn a $3.7 million award for former Native Oilfield Services LLC drivers in a wage class action, holding that the pressure-pumping company wasn’t exempt from paying overtime under a Fair Labor Standards Act trucking regulation and that the jury’s unpaid-hours calculations were fair.

  • August 28, 2015

    BP Tells 5th Circ. ERISA Suit Got Unfair Wave-Through

    Drilling giant BP PLC has urged the Fifth Circuit to put to bed a former employee's Employee Retirement Income Security Act class action over stock losses suffered after the Deepwater Horizon catastrophe, saying a district court has nudged wider the limits of a Supreme Court decision covering suits like this.

  • August 28, 2015

    JPMorgan Investor Appeals Axing Of Claims Over $2B In Fines

    The shareholder that launched derivative claims accusing JPMorgan Chase & Co. brass of overseeing faulty money-laundering and sanction controls that led to $2 billion in fines, appealed Friday the Delaware Chancery Court's decision to throw out the case on grounds the claims were already raised in other venues.

  • August 28, 2015

    Ford's Vague Privilege Log Isn't Sanctionable Yet, Judge Says

    A West Virginia federal judge declined to sanction Ford Motor Co. Friday for its vague privilege log in three sudden acceleration class actions, but ordered the automaker to update the log or risk waiving its privilege rights.

  • August 28, 2015

    Endo Wants TCPA Suit Held Longer While FCC Mulls Fax Rule

    Endo Pharmaceuticals Inc. fired back Friday at the medical group leading a proposed class action alleging the company violated junk fax laws under the Telephone Consumer Protection Act, telling a Pennsylvania federal judge it’s offered no legitimate reason why an already eight-month stay on the case shouldn’t continue.

  • August 28, 2015

    2nd Circ. Revives Some Of China North Investor Suit

    Oil exploration company China North East Petroleum Holdings Ltd. and one of its top executives are back on the hook for securities fraud after the Second Circuit ruled Friday that Acticon AG's shareholder class action included enough material about reckless behavior to constitute a potential claim.

  • August 28, 2015

    CarMax Asks High Court To Force Worker To Arbitrate OT Row

    CarMax Auto Superstores California LLC has asked the U.S. Supreme Court to consider whether the California Supreme Court’s Iskanian decision, which exempts Private Attorneys General Act actions from mandatory arbitration, is preempted by federal law, saying a former employee should be compelled to arbitrate an unpaid overtime dispute.

  • August 28, 2015

    NLRB Upholds Unlawful Arbitration Pact Ruling

    The National Labor Relations Board has signed off on an administrative law judge's decision that applied the controversial D.R. Horton decision in finding that an arbitration agreement not expressly barring workers from bringing class or collective actions still violated federal labor law because it had the practical effect of doing so.

  • August 28, 2015

    2nd Circ. Won't Revive Drug Price Suit Against J&J, Others

    The Second Circuit on Thursday refused to revive a drug price discrimination suit against Johnson & Johnson and other drugmakers, ruling a group of 28 retail pharmacies had failed to show they were harmed by the allegedly anti-competitive practices.

  • August 28, 2015

    Deloitte Workers Try Class Cert. Again In Overtime Suit

    Deloitte & Touche LLP audit employees urged a California federal judge on Friday to once again grant them class certification after the Ninth Circuit refused to reverse their decertification last fall in a case claiming Deloitte wrongly classified them as exempt from overtime.

  • August 28, 2015

    White Sox Blast Document Requests In Minor Leaguers' Suit

    The Chicago White Sox in a response filed on Friday in Illinois federal court blasted document requests from a group of minor league baseball players, saying that the requests are too broad given that the team was tossed from an underlying putative wage-and-hour class action against Major League Baseball and several teams.

  • August 28, 2015

    Lupin, Allergan Get Support In Pay-For-Delay Fight At 1st Circ.

    Manufacturers and generic drug companies have rallied behind Lupin Pharmaceuticals Inc. and Allergan PLC in pay-for-delay litigation at the First Circuit, telling the court Thursday that Loestrin buyers' sweeping definition of “reverse payments” doesn’t fit with a recent U.S. Supreme Court decision.

  • August 28, 2015

    HSBC Says Plaintiffs Risk No Recovery If $1.8M Deal Not Ok'd

    HSBC PLC urged a Colorado federal judge to approve a $1.8 million settlement reached with putative class members who alleged the bank took kickbacks for steering consumers into inflated flood insurance contracts, saying Friday the group faced the “very real risk” of no recovery without the deal.

  • August 28, 2015

    6th Circ. Calls Arbitration Bid In Pizza Hut FLSA Row Stale

    The Sixth Circuit on Friday agreed with a district court that Pizza Hut franchisee NPC International Inc. “slept on its rights” by waiting more than a year to invoke an arbitration clause against employees bringing Fair Labor Standards Act claims.

  • August 28, 2015

    Trucking Co. To Pay $3.45M To Settle Minimum Wage Suit

    An Arkansas federal judge on Friday granted preliminary approval to a $3.45 million settlement by PAM Transport Inc. to end a class action involving truck drivers who alleged they were not paid minimum wages.

  • August 28, 2015

    International Cos. Escape Vehicle Shipping Price-Fixing MDL

    A New Jersey federal judge on Friday dismissed multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, ruling the claims weren’t actionable under U.S. federal law.

  • August 28, 2015

    Cricket, Plaintiff Can't Stay Discovery In 4G Coverage Suit

    A California federal judge denied a joint motion to stay discovery and extend motion deadlines Thursday in a proposed class action accusing Cricket Wireless LLC of falsely advertising and misleading California consumers about the range and capability of its “unlimited 4G/LTE” cell phone network.

  • August 28, 2015

    ArcelorMittal Moves To Nix Noxious Odors Suit

    One of ArcelorMittal USA Inc.’s factories in Pennsylvania on Thursday retaliated against a proposed class of residents accusing the steel manufacturer of polluting their environment with noxious odors and air particulates, saying that the proposed class failed to demonstrate that the alleged emissions actually originated from its facility.

  • August 28, 2015

    Auto Parts Co. Says Latham Biased Judge In Price-Fixing Row

    Jui Li Enterprise Co. Ltd. renewed its bid Thursday to disqualify a Wisconsin federal judge from presiding over litigation accusing it and other auto parts suppliers of price-fixing, arguing its former counsel Latham & Watkins LLP has compromised the judge’s impartiality.

  • August 28, 2015

    Judge Trims Migrant Kid Atty Case, Explains Cert. Denial

    A Washington federal judge on Thursday outlined his reasons for his recent refusal to certify a class of immigrant children trying to obtain attorneys while facing deportation, and trimmed three plaintiffs from the case who have been granted asylum and no longer hold a valid claim.

Expert Analysis

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Price Impact Analysis — Where The Halliburton Court Erred

    Bjorn I. Steinholt

    The Northern District of Texas’ July 2015 decision in Halliburton has already been touted as a “bellwether” opinion on how to prove the absence of price impact to defeat class certification. Unfortunately, the opinion is based partly on a common fallacy — that the absence of statistical significance proves the absence of price impact, says Bjorn Steinholt, managing director at economics consulting firm Caliber Advisors Inc.

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 7th Circ. Again Limits Dukes, This Time In Teacher Case

    Gerald L. Maatman Jr.

    Chicago Teachers Union Local No. 1 v. Board of Education of the City of Chicago is significant for employers in that the Seventh Circuit, as it did in McReynolds v. Merrill Lynch Pierce Fenner & Smith Inc., certified a race discrimination class action even though the final alleged discriminatory decisions were based on subjective decisions by multiple decision makers. In so doing, the court further limited Wal-Mart Stores Inc. v. D... (continued)

  • Congress Must Come To The Defense Of Class Actions

    Lauren G. Barnes

    Without congressional action, ubiquitous binding arbitration clauses and class action bans — upheld by the U.S. Supreme Court — will continue to lead to the predictable result of both unfairness to injured consumers and a systemic failure to hold companies accountable for abusing the trust placed in them, says Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)

  • DOL Overtime Rules May Rattle Retailers With Litigation

    William C. Martucci

    Retailers will need to assess whether previously exempt positions will be subject to the Fair Labor Standards Act's overtime pay requirements under the U.S. Department of Labor's new white collar exemption proposal. The DOL's suggested changes to the salary requirements for exemptions are likely to spur additional litigation in the wage-and-hour arena, say attorneys at Shook Hardy & Bacon LLP.

  • The Daubert Standard In Fla. — 2 Years On

    Chris Torres

    Two years after Florida’s game-changing adoption of the Daubert standard in July 2013 for the admissibility of expert opinions, there are a only limited number of Florida cases on the new evidence code, but those that exist express important, fundamental principles that should be appreciated by many practitioners on all sides of a case, says Christopher Torres at Greenberg Traurig LLP.

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • The Future Of Securities Class Action Litigation

    Douglas W. Greene

    Over the past few years, smaller plaintiffs firms have initiated more securities class actions on behalf of individual, retail investors, largely against smaller companies. This trend will significantly influence the way securities cases are defended and by whom, and change the way directors and officers insurance coverage and claims need to be handled, says Douglas Greene of Lane Powell PC.