Class Action

  • August 26, 2016

    HSBC To Pay $13M To End Privacy Row Over Recorded Calls

    HSBC Card Services Inc. has agreed to pay $13 million to resolve a consolidated proposed class action accusing the company of unlawfully recording debt-collection calls without the consent of consumers, according to documents filed Friday in California federal court.

  • August 26, 2016

    Tropical Smoothie Chain Sued Over Hepatitis-Linked Berries

    Tropical Smoothie Cafe was hit with a class action in Virginia Friday by customers who took protective steps after an outbreak of hepatitis A was linked to imported strawberries used in the chain's drinks.

  • August 26, 2016

    SunEdison Wants Class Actions Consolidated In New York

    SunEdison, TerraForm and other defendants in 15 lawsuits brought against the bankrupt solar company urged the Judicial Panel on Multidistrict Litigation on Thursday to consolidate the cases in New York because they share common factual issues, but non-class action plaintiffs countered that the transfer would unnecessarily delay their litigation.

  • August 26, 2016

    GM Unit OnStar Can Arbitrate Unauthorized Charges Claim

    GM unit OnStar LLC won its bid in California federal court Thursday to compel arbitration of a putative 6 million-member class action over alleged unauthorized subscription charges, finding the woman bringing the suit agreed to settle her dispute in arbitration when she activated OnStar's in-vehicle communication and navigation service.

  • August 26, 2016

    Ex-Basho Exec's Chancery Suit Survives Dismissal Bid

    A Delaware Chancery judge on Friday refused to dismiss derivative and individual claims against Basho Technologies Inc. related to a 2014 financing transaction, saying the corporate behavior alleged in a former executive's complaint was so abusive that normally effective defenses don’t hold up under scrutiny.

  • August 26, 2016

    USA Water Polo Beats Player Concussion Suit

    A California federal judge on Friday threw out a putative class action against USA Water Polo Inc. brought by the parent of an injured teenage female player, saying the second amended complaint’s attempts to refashion the negligence claim to overcome dismissal are “untenable.”

  • August 26, 2016

    DaVita Seeks End To Dialysis Suit

    DaVita HealthCare Partners Inc. sought Friday to dismiss a man’s suit over his mother's death, more than a year after a proposed class action's lead plaintiff agreed to end claims that the kidney care company did not warn customers about the dangers of two dialysis products.

  • August 26, 2016

    Kimberly-Clark Surgical Gown Buyers Near Cert. In Safety Suit

    A California federal judge on Friday tentatively ruled that a California medical center and other buyers of Kimberly-Clark surgical gowns can proceed as a class on claims the manufacturer failed to disclose to customers that some gowns had failed industry safety tests.

  • August 26, 2016

    SeaWorld Can't Boot Guest From Annual Pass Deception Suit

    SeaWorld on Friday lost its bid to compel arbitration and dismiss one member from a proposed class action accusing the park of using deceptive language in annual pass contracts after a Florida judge found that the arbitration agreement on one park's website wasn't obvious to the consumer.

  • August 26, 2016

    Third-Party Payors Say GSK Skews Avandia Claims

    Third-party payors in a class action alleging GlaxoSmithKline LLC misrepresented the safety of its Avandia diabetes drugs told a Pennsylvania federal judge on Thursday that the pharmaceutical company is distorting what they’re actually claiming.

  • August 26, 2016

    Cox Set-Top Box Antitrust Class Actions Back To Arbitration

    The Tenth Circuit on Friday affirmed a lower court’s ruling that two Cox cable subscribers who filed putative class actions must go to arbitration to raise their claims that the media giant violated federal antitrust laws by allegedly tying monthly set-top box payments to its premium cable services.

  • August 26, 2016

    Theranos To Appeal Sanctions Over Lab Lapses

    Theranos Inc. announced on Thursday that it is appealing sanctions by the Centers for Medicare and Medicare Services over shoddy lab practices, hoping to spare CEO Elizabeth Holmes from a two-year ban.

  • August 26, 2016

    Investor Ends Class Action Over $461M AnchorBank Sale

    An Anchor BanCorp Wisconsin Inc. investor asked a Wisconsin federal court on Friday to end his class action accusing executives of structuring a $461 million sale to benefit themselves and shortchange investors in light of a Seventh Circuit decision earlier this month that curbs certain disclosure-only settlements.

  • August 26, 2016

    AXA Investor Fees Didn't Breach Fiduciary Duty, Judge Says

    AXA Equitable Life Insurance Co. beat two consolidated class actions challenging its allegedly excessive mutual fund management fees Friday when a New Jersey federal judge found the investors’ effort to prove the board members exercised poor oversight over the fees was marred by questionable testimony.

  • August 26, 2016

    Yahoo Email Privacy Deal OK'd With $4M In Attys' Fees

    Yahoo Inc. will stop scanning emails for advertising purposes before users have a chance to read them, among other changes, and pay $4 million in attorneys' fees to settle a privacy class action, according to a deal approved Thursday by a California federal judge.

  • August 26, 2016

    Ex-Employees Look To Revive Wal-Mart Sex Bias Claims

    Nine women seeking to intervene in a sex discrimination suit against Wal-Mart urged the Fifth Circuit on Thursday to reject the retail giant's arguments that their claims have been brought too late, saying there's precedent to do so because Wal-Mart settled with the former named plaintiffs.

  • August 26, 2016

    Cox Hit With New Class Action Over Cable Box Tying

    A Nebraska woman hit Cox Communications with another putative class action in federal court Thursday for allegedly forcing premium content subscribers in the Omaha, Nebraska, market to rent expensive set-top boxes lest they be unable to view already paid-for channels, a practice that stifles competition among cable box producers and violates the Sherman Antitrust Act.

  • August 26, 2016

    Globus Investor Suit Lacked 'Factual Allegations,' Judge Says

    A Pennsylvania federal judge threw out a proposed securities fraud class action against medical device maker Globus Medical Inc. and four of its executives Thursday, finding the suit did not adequately allege that 2014 earnings projections fraudulently included revenue from a contract the defendants secretly planned to terminate.

  • August 26, 2016

    $3.3M Incentive Fee In $35M Occam Deal Too High, Atty Says

    A class attorney balked Friday at a proposed record-breaking $3.35 million incentive fee for one shareholder’s help in winning a $35.5 million award in a Delaware Chancery Court challenge to the Occam Networks Inc. merger with Calix Inc., suggesting instead a still-record $1 million.

  • August 26, 2016

    Rakoff Lets Uber Pause Price-Fix Suit For 2nd Circ. Review

    U.S. District Judge Jed Rakoff gave Uber its requested stay Friday in a proposed class action alleging the company and its CEO fixed ride prices, saying the issue of whether consumers can consent to arbitration agreements simply by continuing to use a site or app needs further Second Circuit review.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • The Evolving M&A Litigation Landscape Post-Trulia

    Daniel E. Wolf

    While the impact of the January 2016 Delaware decision in Trulia is profound, rumors that it represented the demise of M&A litigation were greatly exaggerated. Deal litigation continues, albeit in different forums, with different claims, and subject to different risk mitigation tactics, say Daniel Wolf and David Feirstein of Kirkland & Ellis LLP.

  • Questioning 2nd Circ. Analysis In Aluminum Antitrust Case

    James Robertson Martin

    The Second Circuit recently held in Aluminum Warehousing that consumers that are used as tools to manipulate a defendant’s market can pursue damage claims suffered from manipulation in that market. However, the court went on to hold, consumers that suffered the consequences of a defendant’s unlawful conduct in another market cannot. This seems a bridge too far, says James Robertson Martin of Zelle LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • Calif. High Court Goes Against The Arbitration Grain

    E. Martin Estrada

    The California Supreme Court's recent decision in Sandquist v. Lebo Automotive will likely have a major impact on class action and arbitration litigation. Given the Golden State’s economic prominence, those doing business in California would be wise to take heed of Sandquist in considering how to craft and carry out their arbitration agreements, say Martin Estrada and Bethany Kristovich at Munger Tolles & Olson LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • Spokeo Making Its Mark On No-Injury Privacy Class Actions

    Greg Herbers

    Applied correctly, the U.S. Supreme Court's Spokeo decision should spell an end to the recent glut of data security lawsuits where many — if not most — plaintiffs cannot allege concrete harm. In several recent cases, Spokeo has stopped such lawsuits in their tracks, says Greg Herbers, a staff attorney at Washington Legal Foundation.