Class Action

  • February 8, 2016

    Consumers Ask 9th Circ. To Revive Hain's Cosmetics Suit

    Consumers who say The Hain Celestial Group lied about the “natural” contents of its Alba Botanica skin and hair care line urged the Ninth Circuit Monday to revive their proposed class action, arguing reasonable shoppers wouldn't expect to find synthetic ingredients in the products.

  • February 8, 2016

    Dignity Tells 9th Circ. Church Rule Dumps $1.2B ERISA Suit

    Dignity Health on Monday urged the Ninth Circuit to dismiss a putative class action accusing the hospital chain of underfunding its pension plans by $1.2 billion, arguing it “defies ... common sense” not to exempt Dignity under the Employee Retirement Income Security Act's church plan exemption.

  • February 8, 2016

    Kohl's Loses Bid to Dismiss Deceptive Sales Class Action

    A Wisconsin federal judge on Monday declined to toss a proposed class action accusing Kohl's of fabricating and inflating the original prices for sale items in order to make customers think they're receiving a better deal than they actually are, saying there's no one way to calculate restitution.

  • February 8, 2016

    Banks Get Access To Outreach In Home Depot Breach Suit

    A Georgia federal judge has boosted the ability of banks suing Home Depot over its 2014 data breach to review the retailer’s communications with absent putative class members about settlements it may strike with Visa and MasterCard, ruling that the proposed class is entitled to a broad range of documents.

  • February 8, 2016

    J&J Can't Slip Baby Lotion False Ad Class Action

    A California federal judge on Monday denied Johnson & Johnson's bid to toss a proposed class action accusing the company of duping parents into buying J&J Baby Bedtime Bath and Bedtime Lotion products by claiming that the products are "clinically proven" to work.

  • February 8, 2016

    Sotomayor Sees Larger Role For Jury Nullification

    Supreme Court Justice Sonia Sotomayor said Monday that the Second Circuit's harsh view of jury nullification may be wrongheaded, and that there is a place for juries to make findings that contradict the law — a topic that came up in the context of Sen. Claire McCaskill's recent jury service.

  • February 8, 2016

    Fla. Property Owner Asks High Court To Hear Takings Case

    A Florida apartment complex wants the U.S. Supreme Court to revive its class action challenge to a state law that allowed the government to keep the lion's share of interest on funds held by the county court during "quick-take" eminent domain proceedings.

  • February 8, 2016

    Don't Limit Aggrenox Pay For Delay Discovery, Judge Told

    Boehringer Ingelheim and Teva told a Connecticut federal court Friday it would be “profoundly unfair” to limit discovery in a pay-for-delay case over Aggrenox solely to that medication, insisting the relevant market extends beyond the stroke prevention drug and its generics.

  • February 8, 2016

    Nexium Buyers Push 1st Circ. For New Pay-For-Delay Trial

    Wholesalers, pharmacies and other Nexium buyers asked the First Circuit on Friday for another shot to prove their case that AstraZeneca and Ranbaxy inked an illegal pay-for-delay deal for the heartburn medication, arguing that "fundamental flaws" in the way the district court ran the class action mandated a new trial.

  • February 8, 2016

    Eaton, Volvo Tell 3rd Circ. Antitrust Suit Correctly Tossed

    Eaton, Volvo and several truck manufacturers have asked the Third Circuit to reject a bid to revive a putative class action against the companies for allegedly entering into anticompetitive agreements that hiked the cost of Eaton’s transmissions, saying a lower court properly found the lead plaintiff lacked standing.

  • February 8, 2016

    Gov't Spying Challenger Says Halt To Dragnet Still Needed

    The Freedom Watch founder challenging the government’s bulk phone records collection program told the D.C. Circuit Friday that a November end to certain collection under the USA Freedom Act does not moot the need for a court-ordered halt to the activities.

  • February 8, 2016

    Chamber, CEOs Back P&G In Class Cert. Protest At High Court

    The U.S. Chamber of Commerce, a group of CEOs and a civil defense attorney organization have submitted amicus briefs supporting Procter & Gamble’s petition that the U.S. Supreme Court overturn a Sixth Circuit decision allegedly certifying a class of probiotic supplement customers without proving a classwide injury.

  • February 8, 2016

    Supreme Court Urged To Review AIG Equity Unit Class Action

    An investor has asked the U.S. Supreme Court to review a ruling that she couldn't pursue her proposed class action claims that AIG deliberately misled investors over publicly traded securities because she never read a prospectus, saying the decision amounts to lawmaking from the bench.

  • February 8, 2016

    Fla. Can't Shirk $15M Destroyed Trees Award, Class Says

    A class of Florida homeowners pushed a state appeals court Monday to enforce their $15 million judgment against the state for removing thousands of residential citrus trees, which the Florida Department of Agriculture and Consumer Services has refused to pay for years.

  • February 8, 2016

    Uber Drivers Seek Conditional Cert. In FLSA Suit In Calif.

    Uber drivers behind a Fair Labor Standards Act suit seeking minimum wage and overtime asked a California federal judge on Friday to grant conditional class certification, arguing they had sufficiently accused the ride-hailing service of intentionally misclassifying Golden State drivers.

  • February 8, 2016

    Lowe’s Wage Suit Opt-Ins Can Stay, On Two Conditions

    A New York federal magistrate on Monday said several human resources managers who opted in to a proposed wage class action against Lowe’s that was denied conditional certification can stay in the case, but only under two conditions that move the burden from the retailer to the employees suing it.

  • February 8, 2016

    Pension Fund Seeks Sanctions On Symbol Over Lost Emails

    The pension fund for an ironworkers union urged a New York federal court Friday to slap Symbol Technologies Inc. with sanctions for losing documents it said would support its class action claims that the company deceived investors to boost its share value.

  • February 8, 2016

    TGI Friday’s Fights Workers’ Bid To Expand Wage Suit

    TGI Friday’s has urged a New York federal judge to stop workers in a wage-and-hour collective action against the restaurant from expanding their suit, arguing that it’s too late and that the new complaint would go too far.

  • February 8, 2016

    Sprint Must Provide Subscriber Docs For Yahoo TCPA Suit

    An Illinois federal judge on Monday ordered Sprint to cough up documents on its California subscribers who received allegedly unsolicited text messages from Yahoo in a class action accusing the Internet giant of violating the Telephone Consumer Protection Act.

  • February 8, 2016

    UPMC To Pay $12.5M To Settle Price Conspiracy Suit

    The University of Pittsburgh Medical Center has agreed to pay $12.5 million to settle a local hotel's class action claims that the regional health care giant, along with Highmark Inc., inflated the price of small group insurance plans through an antitrust scheme, according to a Friday filing.

Expert Analysis

  • Plaintiffs Face High Class Cert. Bar In Antitrust Cases

    Olivia Jennings Adendorff

    In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.

  • Challenging An Arbitrator Ab Initio: A Primer

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    Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.

  • Has Gene By Gene Unzipped TCPA Insurance Exclusions?

    Joshua A. Mooney

    Evanston Insurance v. Gene By Gene Ltd. in Texas district court addresses a new twist on an insurer's Telephone Consumer Protection Act exclusion, in effect limiting it to underlying marketing claims involving junk faxes or spam email. Some might herald this decision as a judicial scaling back of the exclusion, but such proclamations would be premature, says Joshua Mooney at White and Williams LLP.

  • Some TCPA Class Action Defense Strategies

    Richard Benenson

    If you regularly contact customers via telephone, text or fax, there is a high likelihood that at some point you will be named as a party to a lawsuit alleging violations of the Telephone Consumer Protection Act. Successfully resolving TCPA class actions requires a proactive, methodical approach and a specialized skill set, say Richard Benenson and Al Mottur of Brownstein Hyatt Farber Schreck LLP.

  • Mastery In The MDL: Deposing A Science Expert


    This is the final part of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article looks at how to take a science expert deposition to set up a Daubert motion.

  • Oklahoma Quakes Trigger Legal Concerns For Energy Cos.

    Daniel M. McClure

    With more than 70 earthquakes shaking Oklahoma since the start of the year, seismicity is staged to remain a focus for the energy industry in 2016. Earthquake litigation appears to be trending up, and a variety of patterns are becoming apparent to ensure that seismic risk mitigation investments are efficiently targeted at a time when the energy industry faces tightening financial pressures, say attorneys at Norton Rose Fulbright.

  • Mastery In The MDL: Limiting FDA Regulatory Expert Opinion


    This is the fourth of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article explores ways to limit or exclude U.S. Food and Drug Administration expert testimony.

  • Lottery Selection Process — Solution Or Problem?

    Andrew Moore

    A recently filed complaint in the Southern District of New York calls into question the legality of the lottery selection process used by the New York City Marathon. Andrew Moore and Erin Elliott of Brownstein Hyatt Farber Schreck LLP take a look at three previous cases that addressed whether “processing fees” constitute consideration in a lottery analysis.

  • Further Clarity On Duty To Disclose Wells Notices

    David M.J. Rein

    Judge John Koeltl’s recent decision in Lions Gate Entertainment Securities Litigation follows and expands upon a 2012 decision by Judge Paul Crotty, also of the Southern District of New York, in Richman v. Goldman Sachs, which similarly held that the receipt of a Wells notice does not create an independent duty to disclose potential regulatory claims, say David Rein and Jacob Cohen of Sullivan & Cromwell LLP.

  • Mastery In The MDL: Deconstructing Scientific Literature


    This is the third of a series of five articles from attorneys at Kaye Scholer LLP outlining litigation strategies for debunking Daubert expert testimony. This article explores how to deconstruct a plaintiff's peer-reviewed scientific literature.