Class Action

  • January 27, 2015

    Effexor Plaintiffs Want To Drop 40% Of Suits From MDL

    The plaintiffs in multidistrict litigation over Wyeth Pharmaceuticals Inc.'s depression and anxiety drug Effexor have sought to drop some 26 suits targeting the Pfizer unit over the drug's alleged birth defect risks, and a Pennsylvania federal judge has granted dismissals in at least eight of them.

  • January 27, 2015

    BP Witness Says Marshes, Beaches Back To Pre-Spill Form

    A witness for BP Exploration and Production Inc. on Tuesday testified in Louisiana federal court that beaches and marshes drenched with oil as a result of the 2010 Deepwater Horizon spill are back to pre-spill conditions, an assertion that faced scrutiny from the U.S. government.

  • January 27, 2015

    Nordstrom Denied Quick Appeal In 'Made In USA' Suit

    A California federal judge on Tuesday denied Nordstrom Inc. and luxury denim manufacturer AG Adriano Goldschmied Inc.'s bid for interlocutory review of an October ruling in a proposed class action accusing them of falsely marketing jeans as "made in the USA."

  • January 27, 2015

    Investors Want OK For $2M Deal In Suit Against Chinese Co.

    A proposed class of investors asked a New Jersey federal court to preliminarily approve the class and a $2 million settlement with Universal Travel Group, a Chinese company accused of securities fraud, arguing that because China does not enforce U.S. judgments, the settlement is the best chance of investors getting any money back at all.

  • January 27, 2015

    TCPA Suit Against Coca-Cola Over Texts Moves Forward

    An Alabama federal judge on Monday trimmed a proposed class action accusing Coca-Cola Inc. of violating the Telephone Consumer Protection Act by sending unsolicited texts, but allowed claims for two remaining texts in the case to move ahead.

  • January 27, 2015

    Ex-Applebee's Workers Say 1st. Circ. Bolsters Wage Appeal

    Restaurant workers suing Applebee's franchisee T.L. Cannon Corp. for wage violations have urged the Second Circuit to overturn a ruling denying them class certification, arguing that a recent First Circuit antitrust ruling adopted their interpretation of the U.S. Supreme Court's Comcast decision.

  • January 27, 2015

    No Appeal Of Battery Price-Fixing MDL Trimming, Judge Says

    A California federal judge on Monday denied a joint motion filed on behalf of several battery manufacturers seeking interlocutory review of two orders that upheld the merits of complaints in multidistrict litigation concerning price-fixing in the lithium ion battery market, saying the appeal would likely cause unnecessary delays.

  • January 27, 2015

    Safeway Tries Again To Escape Class Action Over Recalls

    Safeway Inc. took its latest shot Tuesday to dismiss a proposed class action in California over tainted eggs and peanut butter products the grocer was forced to recall, saying records show neither of the named plaintiffs who have brought the lawsuit bought the items that were pulled from store shelves.

  • January 27, 2015

    Embattled Aerospace Co. Head Wins Stay Of Shareholder Suit

    A California federal judge on Monday paused a proposed shareholder class action against aerospace technology company Valley Forge Composite Technologies Inc., providing breathing room for a co-founder to fight charges stemming from allegedly illegal microcircuit sales to Hong Kong and China and participate in the company's bankruptcy proceedings.

  • January 27, 2015

    9th Circ. Won't Revive EBay Sellers' Contract Claims

    The Ninth Circuit on Monday refused to revive eBay Inc. sellers' breach of contract class action alleging the online auction giant's delays in posting paid product listings deprived members of the full value of the service, saying the plaintiffs didn't provide a viable way to calculate classwide damages.

  • January 27, 2015

    Kids Cannot Handle Own Deportation Cases, Judge Told

    Plaintiffs in a class action seeking government-appointed counsel for children in deportation proceedings on Tuesday urged a Washington federal judge to reject the federal government’s argument that it lacks jurisdiction to hear the case, saying the children aren’t in a position to represent themselves.

  • January 27, 2015

    HP Investors Push For Cert. In Suit Over $11B Autonomy Buy

    A group of investors suing Hewlett-Packard Co. over the fallout from the company's $11 billion acquisition of Autonomy Corp. urged a California federal judge on Monday to certify their class and reject HP’s argument that they profited from the buyout.

  • January 27, 2015

    Hyundai Takes Another Swipe At Santa Fe Defect Suit

    A proposed class of drivers suing Hyundai Motor Co. and its American subsidiary over stalling Santa Fe vehicles has again failed to overcome glaring deficiencies in their complaint and should have their claims dismissed, Hyundai told a California federal court on Monday.

  • January 27, 2015

    Lands' End Tries To Sink 'Made In USA' Class Action

    Lands' End Inc. on Monday moved to end a proposed class action in California accusing the clothing retailer of inflating prices on its clothes by labeling foreign-made apparel as produced in the U.S., arguing that the plaintiff can't show she paid more than she would have because she thought the clothes were made domestically.

  • January 27, 2015

    Ex-Workers Hit Scotts With Class Action Over Biz Expenses

    A group of former product merchandisers for Scotts Co. LLC filed a putative class action Monday against the lawn and garden product manufacturer in California state court, alleging the company refused to reimburse them for cellphone usage and other work expenses.

  • January 27, 2015

    Ohio Wal-Mart Shoppers Seek Class Cert. In Sales Tax Suit

    Consumers accusing Wal-Mart Stores Inc. of shortchanging customers by nearly $9 million over four years moved for class certification Monday, saying the retailer incorrectly applied lower sales tax rates to returns and the nationwide class includes anybody who returned a purchase and received less than what they paid.

  • January 27, 2015

    Pfizer Strikes $400M Deal To End Shareholder Suit

    Pfizer Inc. has reached a $400 million settlement to avoid an upcoming trial in a class action claiming the company misled investors about an alleged off-label drug marketing scheme, the pharmaceutical giant said Tuesday in a regulatory filing.

  • January 27, 2015

    Forest Labs Blasts Bid To Expand Class in Sex Bias Suit

    Forest Laboratories Inc. on Monday told a New York federal judge that female employees accusing the drugmaker of discrimination ran out the clock on adding people to their $100 million putative class and collective action and shouldn’t be granted relief from a situation of “their own making.”

  • January 27, 2015

    NY's Novel Data Security Proposal Likely To Have Wide Appeal

    New York's attorney general recently floated legislation that would allow companies that implement heightened data security standards to dodge class actions and other liabilities that arise from data breaches — a novel approach that, if adopted, would give companies a stronger stance against hackers and could inspire other states to follow suit.

  • January 27, 2015

    DuPont Hiding Docs In Bad Drinking Water MDL, Class Says

    Plaintiffs in a multidistrict litigation over contaminated drinking water asked an Ohio federal judge to compel E.I. du Pont de Nemours and Co. to turn over documents related to its financial condition, citing concerns that the company might be trying to avoid a judgment by diluting its assets.

Expert Analysis

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Pa. Superior Court Should Change Its Publishing Policy

    Robert N. Feltoon

    Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. demonstrates that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.

  • High Court Weighs Gas Act Preemption In Antitrust Case

    Kenneth W. Irvin

    The U.S. Supreme Court recently heard oral argument in Oneok Inc. v. Learjet Inc., a case that raises an intriguing question about what the justices aim to achieve given the intervening expansion of the Federal Energy Regulatory Commission’s anti-manipulation authority in the 2005 Energy Policy Act, say attorneys with Cadwalader Wickersham & Taft LLP.

  • An Underused Arsenal Of Securities Suit Defenses

    Jonathan W. Hackbarth

    Both case law and academic studies indicate that 20 years after its enactment, the Private Securities Litigation Reform Act is not being used as zealously as either Congress intended or its provisions allow. Given the chilling effect that the PSLRA’s mandatory Rule 11 review should have on frivolous securities lawsuits, why isn’t this provision more frequently invoked? asks Jonathan Hackbarth of Quarles & Brady LLP.

  • 5 TCPA Lawsuits Of Note In 2014

    Francis Cyriac

    Last year was an iconic one for class actions involving Telephone Consumer Protection Act violations and there is no sign 2015 will be any different. To avoid TCPA lawsuits, companies should equip themselves with an intelligent predictive dialer integrated with their marketing campaigns that filters out numbers listed in the Do Not Call Registry, says Francis Cyriac of Texo.cc.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Gelboim Does Little To Limit MDL Court Appeals Discretion

    Adam T. Schramek

    While the U.S. Supreme Court’s Gelboim v. Bank of America ruling is an important one in multidistrict litigation jurisprudence, it ultimately does little to impinge on the wide discretion MDL courts have in deciding what gets appealed and when. District courts continue to possess the tools needed to avoid final judgments during pretrial MDL proceedings, say Adam Schramek and Eric Hoffman of Norton Rose Fulbright US LLP.

  • 8th Circ. Continues Trend Of Rigorous Rule 23 Analysis

    David Carpenter

    The Eighth Circuit’s recent opinion in Powers v. Credit Management Services Inc. is consistent with a recent trend of requiring a more thorough Rule 23 analysis from trial courts and plaintiffs in class actions — a trend that started with the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes ruling, say David Carpenter and Amanda Waide of Alston & Bird LLP.