Class Action

  • December 19, 2014

    Texas High Court Will Hear Life Partners Securities Suits

    The Texas Supreme Court on Friday agreed to resolve a split among lower appellate courts on whether life settlements — fractional interests in insurance policies — sold by Life Partners Inc. can be regulated as securities, granting review to a putative class action and an enforcement suit from state regulators.

  • December 19, 2014

    Wells Fargo Owes $55M In Mortgage Late Fee Suit, Jury Says

    A New York federal jury on Friday decided Wells Fargo & Co. owes $54.8 million in a class action accusing mortgage companies previously owned by Wells Fargo’s Wachovia Corp. of slapping borrowers with unlawful fees, defendants’ counsel confirmed, although plaintiffs had sought roughly $629 million.

  • December 19, 2014

    Calif. Strip Club, Dancers Get OK For Deal Over Taping, Tips

    A California judge on Friday granted final approval to a deal requiring the owner of Bare Elegance Gentlemen’s Club to pay $500,000 over claims by 443 exotic dancers that the club had illegally videotaped them and taken their tips, in violation of state labor laws.

  • December 19, 2014

    Pandora Tries To Ax Rockers' IP Suit Under Free Speech Law

    Pandora Media Inc. urged a California federal judge Friday to toss copyright class action claims brought by members of the 1960s rock band The Turtles alleging the online radio company infringed copyrights for pre-1972 songs, saying the rockers are claiming nonexistent rights to threaten Pandora's free speech rights.

  • December 19, 2014

    Calif. Panel Says Concepcion Defeats Broughton-Cruz Rule

    A California appellate panel Thursday bolstered the Federal Arbitration Act's preemption in the Golden State, finding the U.S. Supreme Court's Concepcion decision and the state high court's Iskanian ruling defeat a judge's reliance on the Broughton-Cruz rule to deny Citibank NA's bid to arbitrate an insurance consumer class' injunctive-relief claims.

  • December 19, 2014

    Chancery Won't Block Family Dollar Vote On $8.5B Buyout

    A Delaware Chancery judge on Friday cleared the way for Family Dollar Stores Inc.'s  upcoming shareholder vote on the board-approved $8.5 billion buyout offer from fellow discount retailer Dollar Tree Inc., rejecting a call by certain Family Dollar investors to hold up the meeting.

  • December 19, 2014

    Lululemon Settles Blind Shopper Class Suit On Sales Devices

    A Florida federal judge on Friday granted preliminary approval to a settlement in a class action accusing clothing retailer Lululemon USA Inc. of violating federal law by not providing point-of-sale machines with textured keys, forcing blind customers to divulge their PINs when making debit card purchases.

  • December 19, 2014

    Sallie Mae Borrowers Win Cert. On Late-Fee Claims

    A California federal judge on Friday certified two classes of California student-loan borrowers who say Sallie Mae Inc. illegally charged them late fees, but refused to certify two other classes who say they were charged excessive interest, finding no evidence that Sallie Mae collected that interest.

  • December 19, 2014

    Reckitt Asks Judge To Again Consider Axing Suboxone Suit

    Reckitt Benckiser Inc. has urged a Pennsylvania federal judge to reconsider his decision to allow Suboxone buyers to pursue claims that the drugmaker violated antitrust law by using a "product-hopping" scheme to delay generic competition for the opiate addiction treatment.

  • December 19, 2014

    $1M Fee Award Slashed In $3M Gann TCPA Settlement

    A New Jersey federal judge has slashed a $1 million fee award in a $3 million class action settlement over thousands of junk faxes sent by Gann Law Books Inc., saying that the fee dwarfed the benefits to the class because much of the settlement will actually revert back to the publisher.

  • December 19, 2014

    Gerber Fends Off Baby Food Labeling Suit

    A California federal judge on Thursday threw out a proposed class action accusing Gerber Products Co. of misbranding baby food, citing a lack of evidence that sugar and nutrition claims on the products’ labels actually deceived consumers.

  • December 19, 2014

    Empire State Building Investors Launch Another Suit Over IPO

    Several investors lobbed a securities fraud suit on Thursday in New York federal court against the Empire State Building's manager and asset management company Malkin Holdings LLC and its principals over allegedly fraudulently cheating the plaintiffs in last year's real estate investment trust deal and subsequent initial public offering.

  • December 19, 2014

    Judge Says Chipotle Must Hand Over Atty Docs In OT Suit

    Chipotle Mexican Grill Inc. must turn over attorney-client communications because it did not meet a “good-faith” compliance requirement under federal labor law, a New York federal magistrate judge ruled on Thursday in a collective action brought by employees who allege the chain misclassified them as overtime-exempt executives.

  • December 19, 2014

    MetroPCS Settles NY, Calif. Overtime Pay Claims For $1.85M

    A New York state judge has approved a $1.85 million settlement between MetroPCS Wireless Inc. and account services representatives who accused the telecom of failing to pay them overtime wages, resolving New York and California labor law claims claims remaining from a federal collective action.

  • December 19, 2014

    Nippon Shells Out $37M To Exit Air Cargo Price-Fixing MDL

    Nippon Cargo Airlines Co. Ltd. has agreed to pay $36.55 million to resolve a long-running putative class action claiming the carrier conspired with other airlines to hike air cargo rates during much of the 2000s, the plaintiffs told a Brooklyn federal court Thursday.

  • December 19, 2014

    Judge Slams Symantec's 'Ridiculous' Quash Bid in Target MDL

    A California federal judge on Friday called Symantec Corp.'s bid to avoid handing over documents in multidistrict litigation over a massive breach of Target Corp.'s customer data “ridiculous” and ordered the antivirus software company to cough up details on the software it provided to the retailer.

  • December 19, 2014

    NJ Court Tosses 2nd Plaintiff In Nissan Transmission Suit

    A New Jersey federal judge kicked another lead plaintiff to the curb in a putative class action against Nissan North America Inc. on Thursday, finding the plaintiff’s claims alleging injury from defective transmissions were untimely and unsupported by evidence.

  • December 19, 2014

    Navistar’s Faulty-Engine MDL Centralized In Illinois

    The Judicial Panel on Multidistrict Litigation has granted engine maker Navistar Inc.’s request to consolidate 13 lawsuits in Illinois alleging the trucking company’s Maxxforce diesel engines are defective and lead to engine failure.

  • December 19, 2014

    Lead Counsel In Hi-Crush IPO Suit Cashes In for $1.3M

    Kirby McInerney LLP, the lead counsel for an investor class that won a $4 million payout from fracking sand producer Hi-Crush Partners LP over its fumbled initial public offering, is set to pocket a third of that sum in fees, according to a motion filed in New York federal court on Thursday.

  • December 19, 2014

    Higher Ed Corp. Slapped With TCPA Suit Over Robocalls

    For-profit university system Education Corp. of America was hit with a proposed class action Thursday in South Carolina federal court alleging that it and a marketing company violated the Telephone Consumer Protection Act by using an auto-dialer to make calls on behalf of one of its schools.

Expert Analysis

  • 6 Privacy Law Trends That Will Continue In 2015

    Liisa Thomas

    With expanding definitions of what constitutes “personal” information, rampant data breach litigation and increased activity in the international space, 2014 has been a busy year in privacy law. These trends will likely feed into what we see in the privacy space in 2015, say Liisa Thomas and Rob Newman of Winston & Strawn LLP.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Product Liability In The Age Of Global Pandemics

    Hildy Sastre

    Shahinian v. Kimberly-Clark Corp. illustrates some of the many challenges facing product liability litigation based on the fear of pandemics and shows that even the most insulated business can face claims related to injuries caused by diseases over which it had no control, say Hildy Sastre and Iain Kennedy of Shook Hardy & Bacon LLP.

  • Sub-Regressions In Antitrust Class Cert. Can Be Unreliable

    Kenneth Flamm

    It is imperative that statistical experts call out the misapplication and misinterpretation of statistical analysis. Unfortunately, a recent Law360 Expert Analysis article does just the opposite and may result in additional courts innocently accepting sub-regressions as statistically valid in situations where they are not, say Kenneth Flamm of Kenneth Flamm Economic Consulting and Michael Naaman of Laurits R. Christensen Associates Inc.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • 7th Circ. Explains Role Of Objectors In Class Settlement

    Rhonda Wasserman

    The Seventh Circuit's recent rejection of a class action settlement in Pearson v. NBTY Inc. highlights the important role objectors play in policing the adequacy of class action settlements and provides guidance to lawyers crafting such settlements as well as to district courts charged with reviewing them, says Rhonda Wasserman of the University of Pittsburgh School of Law.

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • High Court Clarifies What Is Compensable Work Time

    Neal Mollen

    In addition to resolving the specific security-screening question, the U.S. Supreme Court’s recent ruling in Integrity Staffing Solutions Inc. v. Busk narrows the range of activities that might be considered compensable and provides needed clarity for employers in determining the limits of their obligations under federal law, say Neal Mollen and Aaron Ver of Paul Hastings LLP.