Class Action

  • March 27, 2015

    3rd Circ. Should Uphold Horizon Settlement, Attys Say

    Horizon Blue Cross Blue Shield of New Jersey and counsel for a class of health care service providers have urged the Third Circuit to preserve a class action settlement resolving claims over unpaid reimbursements, saying the deal provides the best solution to the dispute, even for the objectors who appealed.

  • March 27, 2015

    Hogan Lovells Fights To Exit Taishan Drywall Litigation

    Hogan Lovells and Stanley Reuter Ross Thornton & Alford LLC, former counsel to Taishan Gypsum Co. Ltd. and its affiliates, fought Thursday to exit the multidistrict litigation over defective drywall, despite the plaintiffs arguments that the firms should stay in the litigation to answer questions about Taishan's conduct.

  • March 27, 2015

    High Court Asked To Rein In Calif. On Arbitration Agreements

    California is the “single biggest offender” when it comes to states circumventing U.S. Supreme Court precedent requiring worker arbitration pacts to be enforced as written, a trio of employer groups said Thursday, urging the high court to grant a petition for review from a Bridgestone Corp. unit. 

  • March 27, 2015

    High Court Told To Kill Tyson Workers' $5.8M Don-Doff Award

    Tyson Foods Inc. wants the U.S. Supreme Court to overturn a $5.8 million judgment awarded to a class of employees in a compensation dispute over time spent putting on and taking off protective gear, according to a court filing made public Friday.

  • March 27, 2015

    Provigil Pay-For-Delay Suit Survives Reconsideration Bid

    A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • March 27, 2015

    Bridgepoint Education Wins Sanctions In Putative Class Row

    Bridgepoint Education Inc. won sanctions for the exclusion of a key witness in a suit by a putative class of students at one of its for-profit online colleges, in an order from a California federal judge on Thursday that also denied the class certification.

  • March 27, 2015

    Snack Co. Can't Bag Pretzel Crisps 'All Natural' Suit

    A Florida federal judge has denied most of Snack Factory LLC’s motion to dismiss a proposed class action claiming that the company’s Pretzel Crisps were falsely labeled as “all natural” despite containing synthetic or artificial ingredients.

  • March 27, 2015

    GM Fights Class Cert. Bid In Safety-Rating Sticker Suit

    General Motors LLC on Thursday urged a Florida federal judge to deny a bid for class certification in a suit accusing the automaker of affixing misleading safety-rating stickers on certain Cadillac models, saying the suit is "pointless" and that the plaintiffs never contended their cars are unsafe or in need of repair.

  • March 27, 2015

    J&J Slips Class Action Over Baby Powder Cancer Risks

    A woman claiming she developed ovarian cancer after using Johnson & Johnson baby powder for more than 60 years failed to point out any specific misrepresentations the company made and can’t claim she paid a premium for the product, a California federal judge ruled Thursday.

  • March 27, 2015

    Marine Superintendents Not Exempt From FLSA, 5th Circ. Says

    The Fifth Circuit on Friday held that three marine superintendents at a petroleum shipping loss-control company were not subject to administrative exemption under the Fair Labor Standards Act, though their recoveries in the collective action were limited by the law's two-year statute of limitations for nonwillful violations.

  • March 27, 2015

    Ocean Spray Wants Growers’ 'Irresponsible' Cert. Bid Paused

    Ocean Spray Cranberries Inc. asked a Massachusetts federal judge Friday to hold off on ruling on a class certification bid by the cranberry growers who brought the case until first determining whether they in fact have a viable antitrust claim, accusing the growers of “irresponsible” litigation tactics.

  • March 27, 2015

    Spectrum Pharmaceuticals Stuck With Shareholder Suit

    A Nevada federal judge on Thursday denied a motion to dismiss a consolidated amended proposed class action against Spectrum Pharmaceuticals Inc. and individual defendants, saying that the plaintiffs sufficiently pled that the biopharma company made misleading statements in the context surrounding its cancer treatment drug.

  • March 27, 2015

    Strip Club Still Facing Junk Text Suit As 3rd Party Settles

    The company responsible for sending the text messages in a proposed class action alleging a Las Vegas strip club peppered consumers with spam texts has escaped the suit via a settlement, but Sapphire Gentlemen’s Club is still on blast.

  • March 27, 2015

    Paramount Beats FCRA Suit Over Job Seeker Credit Checks

    Paramount Pictures Corp. escaped a putative class action when a California federal judge ruled it hadn’t violated the Fair Credit Reporting Act by getting credit reports on current and prospective employees without providing a separate release form, according to an order issued Thursday.

  • March 27, 2015

    Estee Lauder Can’t Escape New Claims In False Ad Suit

    Estee Lauder Cos. Inc. can’t escape a proposed class action alleging the beauty company oversold the anti-aging effects of its Advanced Night Repair formula, with a New York federal judge ruling that an earlier dismissal does not preclude a new complaint.

  • March 27, 2015

    Plaintiffs Blast BioScrip's Use Of Omnicare In Shareholder Suit

    The lead plaintiff in a proposed securities class action on Friday blasted BioScrip Inc. for defending itself under the shield of the U.S. Supreme Court's recent Omnicare Inc. ruling, saying its letter to the New York federal judge “badly misstated” the court’s actual holding.

  • March 27, 2015

    Glucosamine Class Can't Back Out Of $5M Deal, Judge Says

    A California magistrate refused Thursday to allow plaintiffs suing Schiff Nutrition International Inc. for allegedly deceptively marketing its glucosamine supplement as an arthritis treatment to back out of their proposed $5 million deal, saying "possible" objections and a recent Seventh Circuit decision don’t justify their request.

  • March 27, 2015

    BlackRock Can't Escape Suit Alleging Excessive Fees

    A New Jersey federal judge refused on Wednesday to dismiss a suit accusing investment giant BlackRock Inc. of charging two mutual funds excessive advisory fees, finding the funds adequately pled claims that they were charged $280 million more per year than subadvised funds for similar services.

  • March 27, 2015

    Lululemon Tells 2nd Circ. Insider Trading Claim A Stretch

    An attorney for Lululemon Athletica Inc. on Friday urged the Second Circuit not to revive a shareholder derivative action alleging the yoga apparel maker’s board looked the other way while its founder pocketed nearly $50 million through insider trading, calling the allegation “preposterous.”

  • March 27, 2015

    Constangy Nabs 6 Employment Attys From Littler, Others

    Constangy Brooks Smith & Prophete LLP said Thursday it has strengthened its offices in Atlanta, New York, and Kansas City, Missouri, with the addition of six new employment attorneys hailing from Littler Mendelson PC, Baker Donelson Bearman Caldwell & Berkowitz PC and others.

Expert Analysis

  • A Closer Look At Madoff Victims' PwC, Citco Suit

    Christine Vargas Colmey

    A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • Lower Courts Missing The Point Of Halliburton II

    John S. Williams

    Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • Federal Judge Puts Tito’s Safe-Harbor Claim On The Rocks

    Thomas J. Cunningham

    On March 18, a federal judge in San Diego issued an eagerly anticipated ruling on a motion to dismiss filed by Fifth Generation Inc. — the producer of Tito’s Handmade Vodka. In issuing its ruling, the court became the first to offer an opinion on the merit of claims made in numerous similar cases filed across the country against a number of spirits producers, say Thomas Cunningham and Simon Fleischmann of Locke Lord LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Not Saved By The Bell: Dismissing Classes Prediscovery

    Laura E. Vendzules

    While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.