Michaels Stores Inc. on Wednesday was hit for the second time in recent weeks with a proposed class action over how the craft supply retailer notifies prospective employees about background checks, accused in a Texas federal complaint of screening employees in an illegal manner.
Whole Foods Market Group Inc. was hit with a putative class action on Wednesday in Illinois federal court for allegedly overcharging customers for sales tax on some purchases made with coupons, according to court documents.
A Manhattan federal judge on Tuesday threw out an investor class action and a related securities fraud damages suit against Sanofi over a 2013 setback in its effort alongside recently acquired Genzyme Corp. to win approval for their Lemtrada multiple sclerosis drug, finding rosy statements predicting on-time approval were genuinely believed when they were made.
Best Buy Co. Inc investors urged the Eighth Circuit to affirm class certification in a stock-drop lawsuit against the electronics retailer, arguing Tuesday that the U.S. Supreme Court's landmark Halliburton II ruling doesn't disrupt a lower court's finding in their favor.
Device giants C.R. Bard Inc. and Johnson & Johnson unit Ethicon Inc. face bellwether trials in the next few months over their pelvic mesh devices, Pfizer Inc. prepares to defend Lipitor in the first multidistrict litigation bellwether over the cholesterol drug and Engle tobacco trials proceed in some unusual cases. Here are the product liability showdowns to watch this year.
A federal judge in New York on Wednesday denied a motion to dismiss a U.S.-based class action alleging that Bank of America Corp., Barclays PLC and other banks rigged foreign exchange markets.
TracFone Wireless Inc. will pay $40 million to consumers for falsely promising them "unlimited" data service but then slashing data transfer speeds after they exceeded certain limits, according to a deal filed in California on Wednesday by the Federal Trade Commission.
A Kentucky federal judge on Tuesday tossed a proposed securities class action that took aim at global industrial cable and wire manufacturer General Cable Corp., citing a lack of evidence that its senior executives covered up accounting errors and theft in its Brazil division.
Despite a recent drop in securities fraud cases against larger companies and declining so-called maximum dollar losses for litigation filings, attorneys in the plaintiffs bar don't expect to go hungry anytime soon, with some saying that an increase in financial restatements and admissions of accounting fraud is actually improving the quality of the cases that are filed.
The Seventh Circuit declined on Tuesday a full-panel appeal to block a $14 million class action settlement with Accretive Health Inc. in a case that alleged the company gave positive forecasts to shareholders before allegations of unlawful collection tactics tanked stock prices.
A Colorado federal judge refused to certify a class of 2.6 million Dollar Thrifty Automotive Group customers Tuesday, saying the lead plaintiffs’ allegations the car rental company tricks customers into buying unwanted insurance add-ons generates a disparate group of buyers without enough in common.
The plaintiffs in multidistrict litigation over Wyeth Pharmaceuticals Inc.'s depression and anxiety drug Effexor have sought to drop some 26 suits targeting the Pfizer unit over the drug's alleged birth defect risks, and a Pennsylvania federal judge has granted dismissals in at least eight of them.
A witness for BP Exploration and Production Inc. on Tuesday testified in Louisiana federal court that beaches and marshes drenched with oil as a result of the 2010 Deepwater Horizon spill are back to pre-spill conditions, an assertion that faced scrutiny from the U.S. government.
A California federal judge on Tuesday denied Nordstrom Inc. and luxury denim manufacturer AG Adriano Goldschmied Inc.'s bid for interlocutory review of an October ruling in a proposed class action accusing them of falsely marketing jeans as "made in the USA."
A proposed class of investors asked a New Jersey federal court to preliminarily approve the class and a $2 million settlement with Universal Travel Group, a Chinese company accused of securities fraud, arguing that because China does not enforce U.S. judgments, the settlement is the best chance of investors getting any money back at all.
An Alabama federal judge on Monday trimmed a proposed class action accusing Coca-Cola Inc. of violating the Telephone Consumer Protection Act by sending unsolicited texts, but allowed claims for two remaining texts in the case to move ahead.
Restaurant workers suing Applebee's franchisee T.L. Cannon Corp. for wage violations have urged the Second Circuit to overturn a ruling denying them class certification, arguing that a recent First Circuit antitrust ruling adopted their interpretation of the U.S. Supreme Court's Comcast decision.
A California federal judge on Monday denied a joint motion filed on behalf of several battery manufacturers seeking interlocutory review of two orders that upheld the merits of complaints in multidistrict litigation concerning price-fixing in the lithium ion battery market, saying the appeal would likely cause unnecessary delays.
Safeway Inc. took its latest shot Tuesday to dismiss a proposed class action in California over tainted eggs and peanut butter products the grocer was forced to recall, saying records show neither of the named plaintiffs who have brought the lawsuit bought the items that were pulled from store shelves.
A California federal judge on Monday paused a proposed shareholder class action against aerospace technology company Valley Forge Composite Technologies Inc., providing breathing room for a co-founder to fight charges stemming from allegedly illegal microcircuit sales to Hong Kong and China and participate in the company's bankruptcy proceedings.
The U.S. Supreme Court's recent denial to hear Iskanian v. CLS Transportation Los Angeles LLC means it remains good law and is binding on all state courts. However, since California federal courts appear to have no intention of following the opinion, legal observers should expect significant forum shopping by litigants going forward, says Regina Silva, senior counsel at Tyson & Mendes LLP and a former prosecutor.
Consumer product companies are increasingly vulnerable to class action litigation, especially over performance claims and ingredient or content labeling. To reduce litigation risks companies should identify all actual and perceived advertising and packaging claims and analyze the strength of them under federal, state and common law, say Kara McCall and Elizabeth Chiarello of Sidley Austin LLP.
Individual or class claims from employees against their employers after a cyberattack could be based on state or federal statutes and might include common law claims of negligence, invasion of privacy, breach of express or implied contract or misrepresentation. As this area of litigation expands we are likely to see additional causes of action develop, say Thomas Caswell and Judith Langevin of Zelle Hofmann Voelbel & Mason LLP.
At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.
Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.
A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. shows that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.
While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.
The U.S. Supreme Court recently heard oral argument in Oneok Inc. v. Learjet Inc., a case that raises an intriguing question about what the justices aim to achieve given the intervening expansion of the Federal Energy Regulatory Commission’s anti-manipulation authority in the 2005 Energy Policy Act, say attorneys with Cadwalader Wickersham & Taft LLP.
Both case law and academic studies indicate that 20 years after its enactment, the Private Securities Litigation Reform Act is not being used as zealously as either Congress intended or its provisions allow. Given the chilling effect that the PSLRA’s mandatory Rule 11 review should have on frivolous securities lawsuits, why isn’t this provision more frequently invoked? asks Jonathan Hackbarth of Quarles & Brady LLP.
Last year was an iconic one for class actions involving Telephone Consumer Protection Act violations and there is no sign 2015 will be any different. To avoid TCPA lawsuits, companies should equip themselves with an intelligent predictive dialer integrated with their marketing campaigns that filters out numbers listed in the Do Not Call Registry, says Francis Cyriac of Texo.cc.