Class Action

  • October 9, 2015

    SandRidge Energy Agrees To $38M Deal In Shareholder Suits

    An Oklahoma federal judge gave a preliminary nod Friday to SandRidge Energy Inc.'s $38 million deal to partially settle shareholder derivative claims over the 2013 ouster of CEO Tom Ward that came amid a chorus of criticism from investors over perceived wrongdoings.

  • October 9, 2015

    Chancery Blasts Disclosure-Only Deal In HP Merger Suit

    A Delaware Chancery judge on Friday quashed a proposed settlement that sought to resolve an investor lawsuit over Hewlett-Packard’s $2.78 billion merger with Aruba Networks, a settlement the judge called part of a systemic problem of disclosure-only resolutions.

  • October 9, 2015

    Ford Exec Must Testify On Acceleration Discovery, Drivers Say

    Ford has “exaggerated” its concerns about the burden of complying with a discovery order that would require an executive to testify about its document collection practices in sudden-acceleration litigation, members of a putative class told a West Virginia federal judge Friday.

  • October 9, 2015

    DC To Pay $9M To End Workers' Cost-Of-Living Class Action

    The District of Columbia and a putative class of employees who allege they did not receive the living adjustment pay to which they were entitled jointly urged the D.C. federal court on Thursday to preliminarily approve a $9 million settlement of the case.

  • October 9, 2015

    Aveda, Estee Lauder Trainee Wage Suit Split For Arbitration

    A California judge on Friday ruled that an arbitrator must decide whether former beauty school students alleging Estee Lauder Inc. and Aveda Corp. illegally treat trainees as unpaid employees should proceed with a class arbitration before employees who didn't sign arbitration agreements can try their claims.

  • October 9, 2015

    Pittsburgh Glass Wants Age Bias Claims Separated

    Pittsburgh Glass Works on Wednesday asked a Pennsylvania federal judge to either sever the two remaining defendants in the age bias suit against it or to order separate trials because the two former workers have little in common.

  • October 9, 2015

    Attys Who Aided Mentally Disabled Immigrants Win $9.5M Fees

    A California federal judge on Thursday signed off on a deal awarding $9.5 million in fees and costs to the attorneys for a class of individuals with mental disabilities who had undergone immigration proceedings without legal representation.

  • October 9, 2015

    W.Va. Residents Can Pursue Chemical Spill Claims As Class

    A West Virginia federal judge has certified a class of individuals and business owners accusing American Water Works and Eastman Chemical of complicity in a January 2014 chemical spill that left 300,000 without drinking water, but eliminated plaintiffs’ ability to collect damages from the companies as a class.

  • October 9, 2015

    New Jenny Craig Workers Blocked From Joining Class Action

    A New York state appeals court on Thursday blocked Jenny Craig workers who were hired after the filing of a meal-break class action from joining the suit, but refused to exclude other workers who signed arbitration agreements with class-action waivers after the litigation started.

  • October 9, 2015

    M&T, HCB Hid Violations Ahead Of $3.7B Merger, Suit Says

    A proposed shareholder class action in Delaware federal court says M&T Bank Corp. and Hudson City Bancorp Inc. hid M&T’s regulatory violations that significantly delayed the $3.7 billion merger of the two banks, costing investors some $200 million in diminished dividends.

  • October 9, 2015

    DHS Says Marshal Age-Bias Suit Based On Disparate Impact

    The U.S. Department of Homeland Security sought to dismiss a suit Thursday brought by an air marshal claiming the Transportation Security Administration closed several field offices to force out older federal marshals, arguing a federal statute disallows disparate impact claims.

  • October 9, 2015

    Millenial Shareholder Can't Shut Down $238M AOL Buy

    A Delaware Chancery judge on Thursday ruled that Millennial Media Inc. had provided a proposed class of shareholders with enough information when seeking approval of AOL Inc.’s $238 million buyout offer, denying a shareholder's request to stop the upcoming merger and ruling he can’t appeal the decision.

  • October 9, 2015

    49ers, Ticketmaster Look To Void Ticket-Printing Suit

    The San Francisco 49ers and Ticketmaster urged a California federal court Thursday to throw out a putative class action filed by a season ticket holder who claims the team and company are hindering competition in the secondary ticket market with a ticket-printing restriction, arguing a single team’s tickets are not a "market."

  • October 9, 2015

    Pa. Hospital Urges Class Cert. In Med Supply Antitrust Row

    A Pennsylvania hospital operator urged a federal judge to certify a class Friday in an antitrust case accusing distributor Owens & Minor Inc. of scheming to dominate the market for sutures and stitches by improperly bundling the supplies with other items that hospitals purchased.

  • October 9, 2015

    T-Mobile, Experian Face More Class Claims Over Breach

    T-Mobile and Experian were slapped with a potential class action in California federal court on Thursday over a data breach that exposed personal information on 15 million people, at least the second suit against the companies in play since the breach was announced last week.

  • October 9, 2015

    BCBG Hit With Wage Theft Class Action Over On-Call Shifts

    BCBG Max Azria was slapped with a proposed class action in California state court Thursday alleging it failed to compensate employees who are required to report for on-call shifts but ultimately aren’t put to work.

  • October 9, 2015

    Cigna Agrees To End Controversial HIV/AIDS Drug Program

    Cigna Health and Life Insurance Co. on Thursday agreed to remove certain HIV/AIDS medications from a list of drugs that must be obtained through mail order, settling a proposed nationwide class action in Florida that alleged the list was discriminatory.

  • October 9, 2015

    The Standard Hotel Hit With Wage-Hour Class Action In Calif.

    A former employee of The Standard Hotel lodged a putative class action in Los Angeles County Superior Court on Thursday, accusing the boutique hotel chain of not providing breaks to its workers and forcing them to work off the clock.

  • October 9, 2015

    Rejected Amazon Applicant Seeks Class Cert. In FCRA Suit

    A man claiming he was shot down for a warehouse job with Amazon because of a false cocaine conviction on his background check moved for class certification in his Fair Credit Reporting Act suit in California federal court Thursday against the online retailer as well as the company that provided the bogus information.

  • October 8, 2015

    3 Supreme Court Cases With Potential Fallout For Employers

    Not all U.S. Supreme Court cases have to involve labor unions or workers claiming an employment statute was violated for the way the high court eventually rules to have ramifications for workplace law. Here, lawyers identify three non-employment cases that employers would be well-advised to pay attention to.

Expert Analysis

  • 10 Ways To Become A 360-Degree Lawyer

    Rosario Lozada Schrier

    Whether you’re a millennial joining the profession or a seasoned veteran, the challenges posed by the current legal market compel everyone to adapt and innovate. Law professors Rosario Schrier and Annette Torres team up to offer 10 tips to develop a more diverse skill set.

  • 9th Circ. Continues Calif.'s Chipping Away At Arbitration

    Cary D. Sullivan

    If further review is unavailing, the Ninth Circuit's decision in Shukri Sakkab v. Luxottica Retail North America Inc. upholding the California Supreme Court's Iskanian ruling, which found that a state law rule barring contractual waivers of California Private Attorneys General Act claims is not preempted by the Federal Arbitration Act, will likely lead to a rash of representative PAGA claims, say Cary Sullivan and Jaclyn Stahl of Jones Day.

  • Insurance Risks Posed By New French Class Action Model

    Kevin B. Dreher

    Although the French class action model was designed as an alternative to and improvement upon the U.S. class action system, the French model has been portrayed as a “procedural monster” potentially fraught with uncertainty. Corporations should prepare for these new risks by ensuring insurance coverage for defense costs arising from class-based claims in France is in place, say Kevin Dreher and Laura Ferry at Reed Smith LLP.

  • Spotlight On The Historic Immigration Visa Bulletin

    Delisa J.F. Bressler

    There is no precedent to suggest the outcome in Chintan Mehta v. U.S. Department of State over the historic October visa bulletin, which moved back green card application cutoff dates for certain Chinese and Indian immigrants. Publication of the revised bulletin prior to its effective date and the high standard for obtaining an injunction mandating government action may be enough for the government to carry the day, says Delisa J.F... (continued)

  • How Estimates Can Miss The Mark On Age Discrimination

    Stephen G. Bronars

    Perhaps due to the Great Recession or the growing share of workers age 40 and over, we have recently seen an increase in allegations of age discrimination in hiring. However, proper analysis of hiring discrimination is complicated by a lack of age information on employment applications and the fact that estimated benchmarks generally do not account for the propensity to be looking for a job, say Stephen Bronars and Nathan Woods of ... (continued)

  • Defense Innovations In FLSA Opt-In Collective Actions

    Joseph Kernen

    To quote from Michael Lewis' "Moneyball: The Art of Winning an Unfair Game," if you challenge conventional wisdom, you will find ways to do things much better than they are currently done. Thus for defense counsel, when settling opt-in collective actions under the Fair Labor Standards Act, following the conventional wisdom isn't the best move — it isn't even uniform, say Phillip Wang and Joseph Kernen of DLA Piper LLP.

  • Shepherding Insurers Through The Mediation Process

    Bruce Friedman

    Cases triggering liability insurance — from automobile accidents to securities class actions — constitute a very large percentage of all cases before United States courts. Settling these cases requires that the insurer participates in the mediation, but the challenge is making sure that the insurer is prepared to participate in a meaningful way, says Bruce Friedman at JAMS ADR.

  • Employment Counsel Should Keep An Eye On Rule 23

    Gerald L. Maatman Jr.

    Changes to Rule 23 by the Federal Advisory Committee on Civil Rules carry the potential for far-reaching consequences for employers. For example, relaxing the class definition requirements and standards for ascertainability in the early stages of litigation means employers facing class actions will have less information available to make educated settlement and litigation decisions, say Gerald Maatman Jr. and Alex Karasik of Seyfarth Shaw LLP.

  • 5 Things Clients Never Tell Their Lawyers

    Francis Drelling

    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Excellus Breach: Encryption Cannot Always Save The Day

    Scott Lyon

    Excellus BlueCross BlueShield recently became the fifth major health care provider to disclose a breach since the beginning of 2015. So how can health care providers and their attorneys improve network security? One of the first steps is realizing that the solution is not always technical in nature, says Scott Lyon of Sedgwick LLP.