Class Action

  • September 29, 2016

    CST Brands Investor Slams $4.4B Takeover By Couche-Tard

    An investor in Valero Energy Corp.’s retail spinoff CST Brands Inc. blasted the gas station and convenience store operator’s board of directors in a complaint in a Texas federal court on Thursday, contending that an “unfair process” led to an “unfair price” in its $4.4 billion sale to Couche-Tard.

  • September 29, 2016

    Fage Greek Yogurt False Ad Suit Trimmed, But Still Alive

    Yogurt maker Fage must face some consumer protection law violation claims leveled in a proposed class action alleging the yogurt label’s “Total 0%” phrase is deceptive, though a New York federal judge Wednesday struck down a negligent misrepresentation claim and found the shoppers don’t qualify for an injunction.

  • September 28, 2016

    Samsung, CPSC Alert Consumers About Exploding Washers

    Samsung Electronics, still reeling from a recall of its Galaxy Note 7 smartphone due to a battery defect, is actively working with the U.S. Consumer Product Safety Commission to address another appliance conundrum: top-load washing machines prone to explosion, as alleged in one putative class action.

  • September 28, 2016

    Robbins Geller Seeks Top Counsel Spot In LendingClub Suit

    Robbins Geller Rudman & Dowd LLP sought court approval Wednesday to serve as lead counsel in a putative class action in California federal court by shareholders who allege LendingClub Corp. masked problems with internal controls, leading to a stock plunge when mishandled loan sales were revealed.

  • September 28, 2016

    Oil Field Tech Co. Settles Workers' OT Claims For $1.5M

    An oil field technology services company agreed on Wednesday to a $1.5 million deal in New York federal court that would settle claims by a class of technicians that they were stiffed on overtime pay.

  • September 28, 2016

    Liner Takes On Cosby Defense With Ex-Milbank Team Addition

    Delilah Vinzon, a former Milbank litigator, has joined Liner LLP’s West Los Angeles office as a partner in the business litigation group, which handles high-stakes cases, including the defense of entertainer Bill Cosby in civil actions in California, Massachusetts, and Pennsylvania.

  • September 28, 2016

    Navistar To Pay $9.1M To Resolve Shareholder Suit

    Navistar International Corp. has agreed to pay $9.1 million to resolve a shareholder class action accusing the truck manufacturer of making false or misleading statements about the development of a reduced emissions engine, according to documents filed Wednesday in Illinois federal court.

  • September 28, 2016

    Ex-USC Football Player Sues NCAA, Seeking Unpaid Wages

    A former University of Southern California linebacker is leading a putative class of college football players in a lawsuit against the NCAA and the Pac-12 Conference, alleging the organizations prevent athletes from being considered employees deserving minimum wage pay under state and federal law.

  • September 28, 2016

    GEO Group Wants Out Of Private Prison Stock-Drop Suit

    Private prison company GEO Group Inc. urged a Florida federal judge Wednesday to toss a putative class action accusing it of securities fraud, saying the claims are based on a “gross distortion” of the U.S. Department of Justice's recent policy shift to phase out of private prisons, including those of GEO.

  • September 28, 2016

    TerraForm Settles Suit Over Now-Junked $2B SunEdison Deal

    TerraForm Power Inc. investor Appaloosa Management LP agreed late Tuesday to settle its derivative claims that once targeted the now-scuttled $2 billion acquisition of Vivint Solar Inc. by SunEdison Inc. for promises of corporate governance reform at TerraForm and up to $3 million in legal fees.

  • September 28, 2016

    Former Inmates Sue Private Prison Co. GEO Over Data Breach

    Private prison company GEO Group Inc. has misplaced personal health data for hundreds of inmates, according to a class action removed to California federal court on Wednesday.

  • September 28, 2016

    Sears, Whirlpool To Appeal $5M Atty Fees In Washer Suit

    Sears and Whirlpool will appeal to the Seventh Circuit a district judge's order approving $4.9 million in attorneys' fees in the settlement of a class action alleging certain Whirlpool-designed washing machines sold by Sears were prone to stalling in the middle of a cycle, according to a notice filed Wednesday.

  • September 28, 2016

    Auto Parts Cos. To Pay Combined $44M In Price-Fix Deals

    Four more settlements were approved Wednesday in sprawling multidistrict litigation over auto parts price-fixing, with Aisin Seiki Co. set to pay $18.6 million, Sumitomo Riko Co. settling for $11.4M, Schaeffler Group USA Inc. agreeing to pay $7.6 million and Valeo Inc. paying $6.6 million.

  • September 28, 2016

    Suit Over Weak IVF Drug Survives Dismissal Bid

    An Illinois federal judge on Tuesday kept alive a proposed class action against Ferring Pharmaceuticals Inc. over the manufacturing and sale of a recalled batch of its fertility drug Bravelle, saying the consumers are free to revise their claims.

  • September 28, 2016

    Benicar MDL Plaintiffs Can't Depose Foreign Witnesses

    Litigants suing over adverse effects of the blood pressure drug Benicar can’t compel testimony from employees of drugmaker Daiichi Sankyo's European unit, a New Jersey federal judge ruled Wednesday, citing the legal limits on deposing employees of a subsidiary that’s not a party to the case.

  • September 28, 2016

    USAE Exec Blames Default Judgments On Atty Misconduct

    A U.S. Aerospace Inc. executive facing shareholder claims in California federal court he conspired to artificially inflate the company’s stock price through bogus defense contract bids is seeking to set aside default judgments that he blames on the actions of a former "rogue attorney.”

  • September 28, 2016

    Redbox Parent Shareholder Suits Merged In $1.6B Buyout Row

    A Washington federal judge said on Wednesday that he would consolidate five proposed class action suits over RedBox parent Outerwall Inc.’s $1.6 billion private equity buyout deal that allegedly favored insiders, including an activist hedge fund that lobbied for a sale.

  • September 28, 2016

    Ford To Face 9 Classes In Touchscreen Defect Litigation

    Ford Motor Co. will have to face claims by nine classes that it sold vehicles with faulty touchscreen systems that failed often, leaving drivers without safety functions such as rearview cameras and functioning navigation systems, a California federal judge has ruled.

  • September 28, 2016

    Ill. Appeal Topples Neiman Marcus Credit Check Victory

    An Illinois appellate court Tuesday reversed a ruling in favor of Neiman Marcus, saying the department store chain violated state law when it ran credit checks on potential employees.

  • September 28, 2016

    Grocer Dodges Banks' 'Highly General' Data Breach Claims

    An Illinois federal judge on Wednesday nixed a putative class action brought by financial institutions over a 2013 data breach at the grocer Schnucks, ruling that the banks' "highly general" pleadings and failure to show harm similar to what consumers experienced doomed their slew of racketeering, contract and negligence claims.

Expert Analysis

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • 5 Tips For Preparing Sales Reps For Trial Examination

    Matthew D. Keenan

    When defending drug and device companies, preparing sales representatives for examination in court can be challenging, as the sales rep is often the singular nexus between the company and the physician, and offer plaintiffs' counsel an opportunity to exploit them. Matthew Keenan of Shook Hardy & Bacon LLP offers five "best practices" tips for how to successfully defend marketing witnesses.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • International Comity Saves Vitamin C Defendants

    Ian Simmons

    The Second Circuit's decision last week in Vitamin C Antitrust Litigation shows that American courts may be increasingly likely to dismiss U.S. antitrust claims against foreign companies based in countries with heavy government involvement in the economy, say attorneys with O'Melveny & Myers LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • McDonald's Class Cert. Bodes Bad News For Franchisors

    John Aaron Hughes

    In Ochoa v. McDonald's, a California federal court recently certified a class of current and former employees of a McDonald's franchisee to pursue wage, overtime and maintenance-of-uniform claims. Although that result in a vacuum would certainly be enough to cause a stir, it is the facts that the court deemed important to the certification analysis that have the industry paying particularly close attention, says John Aaron Hughes of DLA Piper.

  • The Meaning Of 'Affiliate' In Class Action Settlements

    Lewis R. Clayton

    The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Looking Ahead: Emerging Labor And Employment Law Trends

    Joel S. Barras

    With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.

  • You Don’t Need A Data Breach To Face Regulatory Scrutiny

    Kim Peretti

    One side effect of the rise in bug bounty programs, and disclosures by security researchers and others, is a commensurate increase in publicly known security vulnerabilities that can lead to increased scrutiny from regulators and the plaintiffs bar, says Kim Peretti, co-leader of Alston & Bird LLP's cybersecurity preparedness and response team.