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  • April 22, 2014

    Budget Gets Suit Over Damage Insurance Charges Trimmed

    A Pennsylvania federal judge on Tuesday trimmed a class action accusing Budget Rent A Car System Inc. of overcharging customers who decline loss damage waiver coverage and return the vehicle in a damaged condition, saying some of the allegations failed to state a claim.

  • April 22, 2014

    GM’s Fate Rests On Reason For Ditching Defect Fix

    Plaintiffs are sure to pounce on reports that General Motors Co. engineers initially decided against fixing its ignition-switch defect based on cost, but experts say the automaker can thwart the seemingly damning evidence by showing it believed the proposed fixes wouldn’t have been effective.

  • April 22, 2014

    Hydroxycut Users Settle For Less In $14M False Ad MDL Deal

    The maker of recalled weight-loss supplement Hydroxycut and several retailers who sold the product have reached a $14 million settlement resolving a host of false advertising class actions, according to court documents filed Monday, replacing a significantly larger deal that the court rejected last year.

  • April 22, 2014

    TRW Automotive's Insurance Switch Violated CBA: 6th Circ.

    The Sixth Circuit upheld a victory Tuesday for a class of retired union workers who sued TRW Automotive Holdings Corp. over a switch from group insurance coverage to health reimbursement accounts, ruling that the unilateral move ran afoul of collective bargaining agreements.

  • April 22, 2014

    Swift Transportation To Pay $4.4M In Background Check Suit

    Trucking conglomerate Swift Transportation Co. will pay $4.4 million to settle a class action claiming that it neglected to tell more than 10,000 job applicants that they can access and contest background checks used in the company’s hiring process, with the plaintiffs seeking approval of the deal on Monday.

  • April 22, 2014

    Lucky Brand Skirts ADA Class Action, Despite DOJ's Advice

    Lucky Brand Dungarees Inc. on Monday won a motion to dismiss a proposed Americans With Disabilities Act class action in Florida alleging the company's payment devices discriminate against blind customers — an outcome that is contrary to a recommendation from the U.S. Department of Justice.

  • April 22, 2014

    MERS Can't Kill Pa. Deed Recorders' Class Action

    A Pennsylvania federal judge on Monday upheld the constitutionality of a statute requiring the registration of deeds, in a ruling that keeps alive a class action brought by Pennsylvania counties alleging that Mortgage Electronic Registration Systems Inc. violated the law.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Regions Bank Hit With FLSA Suit Over Investigator OT Pay

    Regions Financial Corp. and Regions Bank were hit with a putative collective action in Alabama federal court Tuesday alleging they failed to pay overtime wages to the bank's anti-money laundering investigators in violation of the Fair Labor Standards Act.

  • April 22, 2014

    Payout Battle Over $7.25B Visa Swipe-Fee Deal Rages On

    Merchants with a claim to the $7.25 billion settlement over Visa Inc. and MasterCard Inc.'s alleged plot to fix credit card swipe fees continued their efforts to root out allegedly dicey claim-recovery services, urging a New York federal judge on Monday to ban the servicer for allegedly duping class members seeking a payout.

  • April 22, 2014

    Gift Store Chain Settles TCPA Text Message Class Action

    Things Remembered Inc. on Tuesday agreed to a settlement in a proposed class action in Ohio federal court alleging the personalized gift store chain sent tens of thousands of illegal text messages in violation of the Telephone Consumer Protection Act.

  • April 22, 2014

    AGs Fight AUO To Keep Liaison Attys In LCD Antitrust Suit

    State attorneys general fired back at AU Optronics Corp.’s bid to nix liaison counsel in multidistrict litigation accusing electronics manufacturers of price-fixing liquid crystal display panels, telling a California district court Monday that the attorneys still provide an important service despite much of the case settling out of court.

  • April 22, 2014

    Revlon Unit Hit With Fraud Suit Over 'DNA Advantage' Labels

    Two women hit Revlon Consumer Products Corp. with a class action made public Tuesday claiming fraud on the part of the beauty products giant, which touts various salves as conferring a "DNA Advantage" despite the fact that none can stimulate, interact with or otherwise affect genetic code in human skin cells.

  • April 22, 2014

    BMW Sued Over Mini Cooper Engine Defect

    BMW of North America LLC was hit with a proposed class action in New York federal court Thursday alleging a timing chain defect in its 2007-2010 Mini Cooper vehicles has cost owners thousands of dollars in engine repair and replacement costs.

  • April 22, 2014

    REIT Investors Seize Class Cert. In Five Mile Merger Spat

    An Illinois federal judge certified a class of former real estate trust shareholders accusing investor Five Mile Capital Partners LLC of breaching its fiduciary duties when it merged with a real estate investment trust, ruling Tuesday that the class met the numerosity requirement.

  • April 22, 2014

    GSA Sued, Scolded For Its Blind-Unfriendly Website

    U.S. General Services Administration head Daniel Tangherlini was hit with a putative class action in D.C. federal court Monday, by blind contractors who claim the GSA's website for awarding and renewing government contracts is inaccessible to the visually impaired.

  • April 22, 2014

    Daiichi Blasts Conditional Cert. Bid In $100M Sex Bias Case

    Daiichi Sankyo Inc. urged a California federal judge on Monday to refuse to grant collective action certification to female sales employees who say the drug company paid them less than their male peers, claiming the plaintiffs wanted the court to use a “toothless” certification standard.

  • April 22, 2014

    Danish Shipper Strikes Deal To Exit Price-Fixing Suit

    Danish shipping giant DSV A/S and its various business units have reached an agreement to settle an antitrust class action alleging that it participated in a conspiracy with other freight companies to fix prices on their services, according to documents filed Tuesday in New York federal court.

  • April 22, 2014

    SunTrust Can Reopen Case To Enforce Sanctions, Judge Says

    A Florida federal judge on Monday reopened a putative class action against SunTrust Bank over suspensions of home equity lines of credit for the purpose of enforcing the court’s sanctions award against counsel for the plaintiffs.

  • April 22, 2014

    Pella Window Deal Leaves Class In The Cold, 7th Circ. Told

    Disgruntled class members urged the Seventh Circuit on Tuesday to throw out Pella Corp.’s purported $90 million settlement of litigation over defective windows, saying the class will never see anywhere near the value claimed by the company from the deal.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • Let The Frequent Flyer Beware: Airlines Can Nix Memberships

    Marie E. Williams

    The U.S. Supreme Court recently ruled in Northwest Inc. v. Ginsberg that the Airline Deregulation Act preempts a state-law claim for breach of the implied duty of good faith and fair dealing if the claim seeks to enlarge the contractual obligations of parties. The practical result is that any airline can terminate a frequent flyer membership according to the terms of its contract, without fear of implied duties being applied to it, says Marie Williams of Faegre Baker Daniels LLP.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Paycheck Fairness Act Would Have Drastic Consequences

    Paul H. Kehoe

    Should the Paycheck Fairness Act ever pass the Senate, employers would face a drastically changed landscape regarding both compensation decisions and litigation. The included measures would provide the plaintiffs bar with more bargaining power in pay discrimination claims, regardless of the merits or the employees' interest in participation, says Paul Kehoe of Seyfarth Shaw LLP.

  • Trudging On After No Ruling For TCPA 'Opt-Out' Notices

    Jason P. Stiehl

    With the Eighth Circuit's refusal to consider the challenge to the Federal Communications Commission's rulemaking authority over "improper opt-out" notices in Nack v. Walburg, the number of Telephone Consumer Protection Act facsimile cases has substantially increased. Given the U.S. Supreme Court's denial of certiorari in the case and the far-distant horizon for a declaratory ruling by the FCC, the ongoing absurdity of the TCPA's cottage industry of litigation is likely to continue, says Jason Stiehl of Seyfarth Shaw LLP.

  • The Evolving New Normal For Data Breach Responses

    Mark Salah Morgan

    The Target Corp. and Blue Cross Blue Shield of New Jersey data breaches differed in manner, size and scope, but both reveal the vulnerabilities all companies are facing. A nuanced, more responsive, and more uniform legal and regulatory framework is required. That environment is being shaped by private actions, legislative and administrative responses, and various corporate initiatives, say Mark Salah Morgan and Andres Acebo of Day Pitney LLP.

  • POM Finds Class Decertification Ruling Wonderful

    Richard L. Goldfarb

    A California federal court recently decertified the proposed class in an action against POM Wonderful LLC over health claims about its juice. Plaintiffs failed to certify their class against POM for the same reason certification failed in another recent case against Ben & Jerry's Homemade Inc. — ascertainability. Whether this is another nail in California's class action coffin remains to be seen, but plaintiffs should expect stricter scrutiny from courts regarding class claims, says Richard Goldfarb of Stoel Rives LLP.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Good News For South Fla. Ponzi Schemers?

    Lawrence A. Kellogg

    In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.