MasterCard Inc. and Target Corp. didn't get enough banks to sign onto a $19 million payout to settle a proposed class action in Minnesota federal court as part of larger multidistrict litigation over a massive 2013 breach of Target customers' credit card data, Target said Friday.
The Second Circuit on Friday paved the way for a Midland Funding LLC debtor to seek class certification in her suit accusing the creditor of charging illegally high interest rates, finding that a lower court wrongly determined that the claims were preempted by the National Bank Act.
The Turtles rock band urged a California federal judge Friday to certify a class of owners of pre-1972 songs that they say Sirius XM Radio Inc. played without paying royalties, contending that the satcaster’s argument that the licensing situation for each record is individualized “makes zero sense.”
The second bellwether trial over the alleged birth defect risks of Pfizer Inc.'s antidepressant Zoloft begins at the end of this month in a Pennsylvania state court, and attorneys say the success of the expert testimony could make or break plaintiffs' chances in the Zoloft multidistrict litigation playing out in federal court.
Several business owners complained on Thursday that they are being edged out of the $9.2 billion Deepwater Horizon oil spill settlement because much of their sales were in cash, blasting the claims administrator for his allegedly shifting views on the evidence necessary to take part in the deal.
A proposed class action removed to California federal court Thursday claims cafe chain Coffee Bean & Tea Leaf didn't properly inform people applying for positions of its background check policies or get their permission to pull their consumer credit reports.
In an amended decision issued Thursday, the Second Circuit ruled that an unaccepted offer to settle claims for their full value doesn’t entitle a defendant to dismissal, clarifying its stance on a circuit-splitting issue that will soon be heard in the U.S. Supreme Court.
The Nordstrom family on Thursday urged a Washington federal judge to ground a lawsuit accusing Nordstrom Inc. of hiding the cost of operating a fleet of private airplanes for the family, arguing a robust cost-checking system was in place throughout the time period outlined in the complaint.
Sigma Corp. has agreed to pay $4.9 million to a group of direct purchasers of ductile iron pipe fittings to settle a putative class action in New Jersey federal court accusing the company and two others of fixing prices and other anti-competitive behavior, according to a memorandum filed Thursday.
A Florida judge on Friday signed off on an almost $31.8 million settlement between Capital One Bank NA and plaintiffs in multidistrict litigation over allegedly deceptive overdraft fees, saying that the recovery amount is extremely reasonable given the risks faced by the plaintiffs.
The day after the U.S. Department of Justice announced a $5.6 billion settlement with five big banks, JPMorgan Chase & Co., Barclays PLC and others are once again being accused of rigging the foreign exchange market, this time by a putative class of bank customers who claim the conspiracy continues to this day.
A Delaware Chancery judge on Friday nixed a pension fund's derivative suit looking to hold JPMorgan Chase & Co. and a slew of its officers and directors accountable for the 2012 “London Whale” trading fiasco, finding the plaintiff has no standing to bring the case since two nearly identical suits were already tossed out of New York federal court.
Carpenter Co. has reached a settlement with indirect purchasers of its foam products to exit multidistrict litigation accusing the company of plotting to fix prices, the parties said Friday.
The Walt Disney Co., DreamWorks Animation SKG Inc. and others urged a California federal judge on Thursday to toss a proposed class action brought by animators accusing the studios of conspiring to keep down wages, saying that plaintiffs failed to show proof the studios knowingly misled them in the alleged scheme.
Bass Pro Outdoor World LLC on Thursday labeled the Equal Employment Opportunity Commission’s proposed case management order for allegations that the retailer committed discriminatory hiring practices as “unmanageable” and “fundamentally unfair.”
A key figure in the George Washington Bridge scandal moved Friday to enter the fray in class actions alleging civil rights violations over the September 2013 reduction of access lanes to the bridge, which comes after a failure to defend himself in the litigation left him in default.
The California federal judge overseeing passengers' antitrust claims in multidistrict litigation against Societie Air France and other airlines gave final approval Friday to their $39.5 million settlement, overruling objections but saying he'd take a closer look at a last-minute bid for an additional $1 million for plaintiffs' attorneys.
Wal-Mart Stores Inc. on Thursday urged a California federal judge to decertify a class of more than 100,000 consumers who allege that the retailer illegally collected their ZIP codes during credit card transactions, arguing that it had no uniform policy of requesting ZIP codes.
Fairway Group Holdings Corp. has urged a New York federal court to toss a putative class action claiming the private equity-backed grocery chain misled investors ahead of its $159 million initial public offering, saying the plaintiffs’ claims fail under the Supreme Court's recent Omnicare ruling.
Automaker FCA US LLC told a South Carolina federal court Friday that a putative class action accusing it of misrepresenting the towing power of certain Dodge Ram trucks is “legally infirm,” tangling up contract allegations with non-contract causes of action.
Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.
Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)
It has become all too common in transaction-related stockholder litigation for the pleading net to be cast widely, embroiling disinterested and independent directors into long and costly litigation. The Delaware Supreme Court's decision in the case of Cornerstone Therapeutics Inc. should lead to closer scrutiny of allegations against individual directors, say attorneys with Paul Hastings LLP.
As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.
The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.
Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.
An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.
Settlement of class actions against social and video gaming companies alleging unlawful gambling could require the end of company practices that kill off main sources of revenue. Defendants should see suits through dismissal as opposed to settling — the long-term payout of discouraging predatory suits should be worth it, says A. Jeff Ifrah of Ifrah Law PLLC.
Can aggrieved pay-per-view customers sue Manny Pacquiao and his corporate constellation for his performance in the overhyped “Fight of the Century” against Floyd Mayweather? Precedent firmly says “no,” yet more than a dozen putative class actions have been filed, says James Sammataro of Stroock & Stroock & Lavan LLP.
With its ruling in Tibble v. Edison International, the U.S. Supreme Court has breathed life into stale claims about investment selection by recognizing a fiduciary’s continuing obligation to “monitor” investments and investment options. But the opinion stopped short of defining the precise contours of the “duty to monitor” — leaving the development of the obligation to case-by-case evolution, say attorneys with Ropes & Gray LLP.