Class Action

  • November 21, 2014

    Private Copyright Cop Sued For Bogus DMCA Subpoenas

    Copyright enforcement group Rightscorp Inc. was hit with a class action Friday accusing it of violating consumer protection laws and issuing objectively baseless Digital Millennium Copyright Act subpoenas to online downloaders.

  • November 21, 2014

    Burger King Serves Up $8.5M To Settle Junk Fax Class Action

    Burger King Worldwide Inc. has agreed to pay $8.5 million to settle a real estate company’s class action alleging the fast food giant sent unsolicited faxes to almost 100,000 recipients in violation of the Telephone Consumer Protection Act, according to documents filed Friday.

  • November 21, 2014

    Bondholders Assert Appeal Rights In Libor Fixing Case

    Bondholders seeking to revive antitrust claims in multidistrict litigation against several major banks for allegedly rigging the London Interbank Offered Rate told the U.S. Supreme Court that a district court’s dismissal of their claims allows them the right to an immediate appeal without waiting for broader MDL litigation to conclude.

  • November 21, 2014

    11th Circ. Asked To Revive Fraud Claims Over Chinese Pharma

    Investors in a putative class action against Chinese drugmaker Jiangbo Pharmaceuticals Inc. argued Friday in Miami that the Eleventh Circuit should reverse a lower court's dismissal of their case against the company's former chief financial officer and former auditing firm for failure to adequately plead their claims.

  • November 21, 2014

    Delta Facing $1.8M Sanctions In Baggage Price-Fixing Suit

    A Georgia special master on Friday recommended that Delta Air Lines Inc. pay $1.8 million to plaintiffs for failing to send over all relevant evidence during discovery in a putative class action accusing the airline and AirTran Airways Inc. of colluding to fix baggage fees. 

  • November 21, 2014

    Costco Removes $162M OT Class Action To Federal Court

    Costco Wholesale Corp. on Thursday removed to federal court a putative class action on behalf of some 28,000 California employees who allege wage theft and unpaid overtime wages, among other labor violations, saying the suit could cost the warehouse retailer more than $162 million.

  • November 21, 2014

    Judge Trims Conspiracy Argument In Nexium Antitrust Case

    A Massachusetts federal judge on Friday narrowed the plaintiffs’ theories in a pay-for-delay case against AstraZeneca PLC and two generic producers over the heartburn drug Nexium, ruling there wasn’t enough evidence to find that the generic companies had conspired together.

  • November 21, 2014

    Judge Won't Revive TCPA Suit Against Crunch Gym

    A California federal judge on Thursday promptly shot down a request to reconsider her decision granting gym chain Crunch San Diego LLC a pretrial win in a proposed class action accusing it of violating the Telephone Consumer Protection Act by spamming its members’ cellphones with promotional text messages.

  • November 21, 2014

    GM Wants To Limit Discovery In Defect Cover-Up Suit

    General Motors told a New York federal court on Friday that it only wants to submit discovery documents that are related to claims that the automaker hid key details about its defective ignition switches, and not years of employee records, in multidistrict litigation related to a massive recall earlier this year.

  • November 21, 2014

    $590M LBO Settlement Filed In Error, Judge Says

    A Massachusetts federal judge on Friday vacated a set of electronic orders granting final approval to $590 million in settlements in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low, just hours after issuing a set of orders approving the settlement and a request for attorneys’ fees.

  • November 21, 2014

    Antitrust Professors Back NCAA Appeal Of Athlete Pay Ruling

    Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.

  • November 21, 2014

    Class Action MVP: Grant & Eisenhofer's Stuart Grant

    Securing multiple settlements of more than $100 million for institutional shareholders that challenged mergers and other corporate governance decisions, Stuart Grant of Grant & Eisenhofer PA earned a spot on Law360’s list of Class Action MVPs.

  • November 21, 2014

    3rd Circ. Mulls Yahoo Text Service In TCPA Class Action

    A federal judge wrongly dismissed a putative class action against Yahoo Inc. after concluding that unsolicited text messages sent to a Philadelphia man could not be counted as a computerized, unsolicited phone call under the Telephone Consumer Protection Act, a Third Circuit panel heard during oral arguments Friday.

  • November 21, 2014

    Supplement Co. Nutronics Can't Dodge False-Ad Class Action

    A California federal judge on Thursday refused to toss a proposed class action accusing Nutronics Labs Inc. of falsely extolling the myriad health benefits of its deer antler velvet supplements even though studies show they are only effective when injected, saying the claims weren’t time-barred or inadequately pled.

  • November 21, 2014

    Apple's $450M E-Books Settlement OK'd In Antitrust Case

    A New York federal judge on Friday granted final approval to Apple Inc.’s $450 million settlement with consumers over claims it conspired with publishers to raise e-book prices, a deal that includes a $30 million award for the plaintiffs’ lawyers.

  • November 21, 2014

    Oiltanking-Enterprise $6B Deal Stiffs Unitholders, Suit Says

    Oiltanking Partners LP and its board of directors were hit with a putative class action in Texas federal court Thursday accusing them of pushing through a $6 billion two-step merger with pipeline company Enterprise Products Partners LP that stiffs unitholders.

  • November 21, 2014

    Ex-Longtop Exec Found Liable In Rare Class Action Trial

    A New York federal jury on Friday found a former Longtop Financial Technologies Ltd. executive liable for recklessly making misstatements about the Chinese software company’s financial health, marking a victory for investors in a rare class action trial.

  • November 21, 2014

    Target Continues Push To Nix Consumer Data Breach Suits

    Target Corp. on Thursday doubled down on its bid to dismiss class action litigation brought by customers over the retailer's massive data breach, arguing consumers have failed to show that any fraudulent charges can be traced to the intrusion.

  • November 21, 2014

    Epic LBO Collusion Case Settles For $590M

    A Massachusetts federal judge on Friday granted final approval to $590 million in settlements and a $200 million attorneys' fee in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and other private equity firms teamed up to keep leveraged buyout prices low, moving the long-running suit toward completion.

  • November 21, 2014

    Eli Lilly, Takeda Win Dismissal Of Ark. Taxpayer Actos Suit

    A Louisiana federal judge on Thursday threw out a proposed class action alleging that Takeda Pharmaceutical Co. and Eli Lilly & Co. ripped off taxpayers by hiding the risks of their diabetes drug Actos, after the Arkansas Supreme Court ruled the drug was properly prescribed by doctors.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of docementation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Video Privacy Protection Act Could Be The New TCPA

    Behnam Dayanim

    The Video Privacy Protection Act is making itself felt in a recent wave of class actions against media companies such as Hulu LLC, Redbox Automated Retail LLC and Cartoon Network over their alleged disclosure of consumer viewing habits. Importantly, the statute — like the Telephone Consumer Protection Act — does not require actual damages, say attorneys with Paul Hastings LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • 3 Insights To Clarify Securities Act Class Action Removal

    Elliot Greenfield

    Federal courts remain sharply divided on a fundamental issue in securities litigation — whether, after the Securities Litigation Uniform Standards Act, class actions asserting claims under the Securities Act may be removed to federal court. A careful statutory analysis, however, makes clear that the SLUSA does permit removal of such actions, say Maeve O’Connor and Elliot Greenfield of Debevoise & Plimpton LLP.

  • Blocking CAFA Remand: Lessons From A Prevailing Defendant

    Robyn C. Quattrone

    The removal and remand saga in Doyle v. OneWest Bank FSB, a class action originally filed in California Superior Court where the named plaintiffs purported to represent a nationwide class allegedly harmed by lender-placed insurance, is but one example of the larger issues inherent in the ongoing interpretation of the Class Action Fairness Act, say attorneys with BuckleySandler LLP.

  • Fighting 'Fugitive Dust' Claims With Rule 403

    Sean Patterson

    Jim Aana v. Pioneer Hi-Bred International Inc. should be used as a guideline for challenging the use of experts in "fugitive dust" claims under Rule 403 when expert testimony and other evidence of health and environmental effects have minimal relevance to a plaintiff's claims and risk confusing the jury while unnecessarily increasing the complexity and length of the trial, says Sean Patterson of Sedgwick LLP.