Class Action

  • July 1, 2016

    Consumers Eye Deal On Documents In Contact Lens MDL

    Customers accusing contact lens makers of fixing minimum prices for certain products asked a federal judge to intervene in several discovery disputes in the multidistrict litigation, including a request that Bausch & Lomb Inc. produce documents the company has already provided to governmental entities.

  • July 1, 2016

    Some Vitus, F-Squared Investor Claims Survive Dismissal Bid

    A pair of New York federal court opinions released Friday has kept alive some investor securities complaints surrounding F-Squared Investments Inc. and Virtus Investment Partners Inc., while tossing other counts against firms and individuals and ruling out litigation based on Delaware corporation law.

  • July 1, 2016

    Home Depot Wants Out Of Whirlpool Energy Star Label Row

    Consumers cannot prove Home Depot is liable as Whirlpool's agent for selling washing machines that Whirlpool allegedly falsely labeled as energy efficient, the retailer told a New York federal court Thursday, asking to be released from the consumers' putative class action.

  • July 1, 2016

    GoDaddy Can't Ditch Fraud Suit Over Microsoft Office Products

    An Arizona federal judge ruled Friday that domain registrar GoDaddy.com must face a proposed class action accusing it of selling Microsoft Office products lacking certain features, saying the employer who brought the case sufficiently alleged GoDaddy should have disclosed the differences between its products and the ones Microsoft sells.

  • July 1, 2016

    Popular Game Platform Accused Of Fostering Teenage Gambling

    The mother of a teenager who spent real money to buy virtual “skins” for video game characters, then bet those skins on the outcomes of competitive matches, lodged a proposed class action in Florida alleging an online gaming platform knowingly facilitated illegal gambling.

  • July 1, 2016

    Seventh Generation Settles 'Natural' Claims For $4.5M

    Seventh Generation Inc. has agreed to pay $4.5 million to settle a class action in New York federal court that claimed it deceptively labeled its cleaning products as “natural” even though they contained synthetic preservatives.

  • July 1, 2016

    Fee Bid Too High In Oil Co. Benefits Row, Judge Says

    A Pennsylvania federal judge has said a class of employees for an oil refining company is entitled to attorneys’ fees in its suit over the company’s alleged retroactive reduction of retirement benefits, just not the $2.2 million it requested.

  • July 1, 2016

    Uber Deserves Sanctions For Detective's Lies, User Says

    An Uber user behind a proposed price-fixing class action against the ride-hailing company and its CEO Travis Kalanick urged a New York federal court to impose sanctions for the company’s use of a private investigator who he claims lied in a background investigation, according to court documents filed Friday.

  • July 1, 2016

    NLRB Slams Restaurant's Union Button Rule, Class Waivers

    The National Labor Relations Board ruled Thursday that The Daily Grill, a restaurant chain with locations in five states and Washington, D.C., illegally prohibited employees from wearing union buttons and maintained arbitration agreements that contained unlawful class and collective action waivers.

  • July 1, 2016

    Tribal Lender Affiliates Fight Sanctions Bid In RICO Suit

    Affiliates of Chippewa Cree payday lender Plain Green LLC pushed back Thursday against a bid for sanctions by borrowers pursuing a proposed class action in Vermont federal court that levels Racketeer Influenced and Corrupt Organizations Act claims.

  • July 1, 2016

    MLB Fans Ask Judge To Order Docs From Lead Objector

    The baseball fans who settled an antitrust class action with Major League Baseball over game broadcast restrictions asked a federal judge on Thursday to order a lead objector to the deal to produce documents related to his previous objections to the settlement.

  • July 1, 2016

    2nd Circuit Affirms Tossing Mirena Claims Against Bayer

    The Second Circuit on Friday upheld a lower court's dismissal of product-liability claims filed by more than a dozen women over injuries allegedly caused by Bayer Healthcare Pharmaceuticals Inc.'s intrauterine contraception device Mirena, saying that the court had correctly applied California's two-year statute of limitations.

  • July 1, 2016

    Tennis Fan Hits Back At Head Racquet Bid To Squash Ad Row

    A tennis enthusiast told a California federal judge Friday that Head Racquet Sports USA cannot escape a suit claiming the company falsely advertised its rackets as the product of choice for professional athletes, saying he is entitled to pursue an order barring the equipment maker from misleading consumers.

  • July 1, 2016

    Susman, Heins Mills Extend Row Over Comcast Antitrust Fees

    Susman Godfrey LLP and Heins Mills & Olson PLC — co-counsel for a class that reached a $50 million antitrust settlement with Comcast Corp. — on Thursday continued their Pennsylvania federal court clash over how to divide funds remaining from $15 million in attorneys' fees and expenses.

  • July 1, 2016

    Hooters Says Lack Of Concrete Harm Sinks TCPA Text Suit

    The man accusing Hooters of sending him an unsolicited text message in violation of the Telephone Consumer Protection Act alleges no actual harm, which, in the wake of the U.S. Supreme Court's Spokeo ruling, is cause for his proposed class action's dismissal, the restaurant told a Georgia judge Thursday.

  • July 1, 2016

    Possible Uber MDL Requires Litigation Hold, Class Rep. Says

    An Illinois woman who claims to have received unwanted text messages from Uber Technologies Inc. is asking the federal judge overseeing her putative class action to put the litigation on ice while the Judicial Panel on Multidistrict Litigation considers centralizing similar suits against the ride-sharing company.

  • July 1, 2016

    Class Slams Bid For Stay In Caribou Coffee TCPA Suit

    People who got dozens of allegedly unwanted texts from Caribou Coffee Co. Inc. urged a Wisconsin court Thursday not to pause their suit while waiting for the D.C. Circuit to weigh in on autodialer regulations, saying whichever way the appeals ruling goes, Caribou will still have to face the claims.

  • July 1, 2016

    L-3 Investors Seek Class Status In Accounting Fraud Suit

    L-3 investors asked a New York federal court Thursday to certify their proposed class action accusing the company of misleading stockholders before revealing accounting misconduct that caused stock prices to tumble, arguing they meet all the necessary requirements.

  • July 1, 2016

    Calif. Cancer Network Sued For $57M Over Data Breach

    A network of California cancer centers is facing a $57 million lawsuit from a putative class of patients alleging the health care provider is responsible for carelessly handling their private information after a data breach.

  • July 1, 2016

    Brazilian Court Blocks $2.3B Dam Collapse Settlement

    A Brazilian appeals court halted the ratification of an approximately $2.3 billion settlement for BHP Billiton Ltd. and Vale SA to cover damages from a dam collapse at a jointly owned mine that killed more than a dozen people, the companies said in press releases on Friday.

Expert Analysis

  • Chocolate Class Actions Show Limits Of Food Label Claims

    Daniell K. Newman

    The dismissal of three separate class actions against some of the world’s largest chocolate makers sends the clear signal that while suits can challenge the alleged deceptiveness of affirmative claims on food packaging, absent some regulation requiring the inclusion of information on a label, there is no right to sue for the omission of information consumers allegedly might like to know, says Daniell Newman at Greenberg Traurig LLP.

  • RFP Lessons: A General Counsel's List Of Law Firm Mistakes

    Dave Sampsell

    All too often, law firm financial proposals are too complicated, making them contingent on a host of different assumptions. This makes determining the value of the proposal extremely difficult, and the odds increase dramatically that the proposal will be disregarded, says Dave Sampsell, general counsel of Digi International Inc.

  • A Serious Circuit Split On Class Ascertainability

    Chad R. Fuller

    A lack of clarity on the ascertainability standard for class actions among the circuits means practitioners are faced with varying standards based on the circuit in which their cases lie. Decisions such as the Eighth Circuit's in Sandusky Wellness Center v. Medtox Scientific lower the bar for plaintiffs seeking class certification, say attorneys at Troutman Sanders LLP.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • Price Check: Uncertain Outcomes In Advertised Price Cases

    Christopher Finnerty

    Plaintiffs attorneys have recently begun suing retailers for advertising products as discounted in outlet stores when those products were not sold at full price in nonoutlet stores. However, the decisions issued to date show that different federal courts have reached somewhat different conclusions, say attorneys at K&L Gates LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Making Rule 68 Offers Of Judgment In Employment Cases

    Excerpt from Lexis Practice Advisor
    A. Jonathan Trafimow

    Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.

  • Digging Deep Into The Last Decade's Securities Class Actions

    Michael Klausner

    The increase in the volume of securities class actions over the 2006-2015 period has been associated with indicators of low-quality cases, which appear to have been litigated disproportionately by a group of firms that until 2009 had a relatively small share of the federal securities class action market, say Michael Klausner and Jason Hegland of Stanford Law School.

  • Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

    Jonathan Berman

    In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.