Class Action

  • July 25, 2016

    Zales Can't Use 9th Circ. Decision To Decertify OT Class

    A California federal judge on Monday refused to partially decertify a class of current and former Zales Delaware Inc. employees on overtime claims, saying the jewelry chain's bid to leverage a recent Ninth Circuit ruling addressed the merits of the case, but not the merits of the class.

  • July 25, 2016

    Hartford, Liberty Must Cover Spyware Suit, 9th Circ. Told

    An Aaron's franchisee urged the Ninth Circuit on Monday to reverse a Montana federal court's decision and rule that units of Liberty Mutual and The Hartford must provide coverage for a pair of actions accusing it of spying on customers through rental computers, arguing that the lower court wrongly applied a policy exclusion.

  • July 25, 2016

    NJ Car Dealer Seeks New Trial Over Roofer's Fax Barrage

    Car dealer City Select Auto Sales doubled down on its efforts Monday to secure a new trial in a class action lawsuit alleging a roofing company violated the Telephone Consumer Protection Act by sending unsolicited faxes, telling a New Jersey federal judge the company’s opposition to reopening the case was hollow and a waste of the court’s time.

  • July 25, 2016

    Eye Drop Dose Suit Against Allergan, Others Wins Class Cert.

    An Illinois federal judge on Monday granted class certification to a proposed group of glaucoma patients who accused Allergan Inc. and other drugmakers of violating consumer protection laws by selling eye drops in bottles that dispensed higher-than-normal doses, finding that their common issue outweighed individual questions.

  • July 25, 2016

    CVS’ Vitamin E Actually Bad For Heart, 1st Circ. Told

    CVS Health Corp. shouldn’t be able to dodge a proposed class action over the labeling of its Vitamin E supplements with a “heart health” claim because the vitamin is actually harmful to heart health, a customer hoping to revive the suit told the First Circuit on Monday.

  • July 25, 2016

    Drivers Win Depositions Of 4 UK Hertz Execs In Billing Suit

    Consumers suing Hertz over currency-conversion fees for car rentals in Europe gained permission to seek depositions from four U.K. executives Monday when a New Jersey magistrate judge found the employees' knowledge is central to the case.

  • July 25, 2016

    GoPro Snags Rare Early Dismissal Of Calif. Investor Suit

    A California state court has granted a rare dismissal of shareholder claims against GoPro Inc., tossing allegations the camera maker and its executives sought to mislead investors in its 2014 initial public offering.

  • July 25, 2016

    Consumers Fight Pfizer Bid To Escape Lipitor MDL

    Consumers struck back against Pfizer’s bid to escape multidistrict litigation over claims that its cholesterol drug Lipitor causes Type 2 diabetes, telling a South Carolina federal court the consumers need no expert evidence to show the drug causes the disease.

  • July 25, 2016

    Immigrants Slam Ariz. Medicaid Office Over Reduced Benefits

    A proposed class of low-income immigrants residing in Arizona filed a complaint in federal court Monday accusing the state's Medicaid program of violating the Medicaid provisions of the Social Security Act by withholding full-scope coverage to eligible immigrants in favor of emergency-only coverage.

  • July 25, 2016

    Special Effects Firm DDMG To Settle Investor Suit For $5.5M

    A Florida federal court on Friday gave its initial approval to a $5.5 million settlement between directors of bankrupt special effects shop Digital Domain Media Group Inc. and shareholders who claim the directors concealed the poor financial state of the company ahead of its initial public offering.

  • July 25, 2016

    'Confusing' Deutsche Bank Securities Suit Will Go On

    A New York federal judge on Monday dismissed some class claims against Deutsche Bank AG over allegedly misleading information about securities offerings, calling the third amended complaint “utterly confusing” and at times “just wrong,” but said the bank must still face some allegations.

  • July 25, 2016

    CytRx Hit With Investor Suit Related To FDA Hold On Drug

    CytRx Corp. was hit with a proposed securities class action Monday in California federal court by investors who say the biopharmaceutical company concealed bad news affecting the company’s business arising from a U.S. Food and Drug Administration hold on its cancer trial drug, aldoxorubicin.

  • July 25, 2016

    Nvidia Settles Consumer Suit Over Graphics Card Performance

    Nvidia Corp. agreed to settle a group of proposed consumer class actions alleging the company misled buyers of a graphics card about performance and storage capabilities, agreeing to pay $30 to each buyer and $1.3 million in attorneys’ fees, according to a California court filing Monday.

  • July 25, 2016

    Greenberg Traurig Claims Immunity In Ponzi Scheme Suit

    Greenberg Traurig LLP on Friday continued its fight to quash a proposed investor class action alleging the firm and Hunton & Williams LLP aided Robert Allen Stanford's $7 billion Ponzi scheme, telling a federal judge in Texas that attorney immunity bars the claims.

  • July 25, 2016

    NY Food Delivery Men Forced To Do 'Side Work,' Jury Hears

    The dispute over wages at Manhattan's Lychee House is a relatively simple one, a lawyer for the restaurant's delivery men told a Manhattan federal jury in his opening statement Monday: The men worked 50 or more hours a week, didn't get paid for breaks and were forced to do other labor for which they weren't getting tips, thus lowering their pay below minimum wage.

  • July 25, 2016

    Merck Urges 9th Circ. To Reject Diabetes Drug Warning Claims

    Merck and other drugmakers have urged the Ninth Circuit to uphold the toss of state-law claims that the companies failed to warn patients of pancreas problems from Type 2 diabetes drugs, saying the U.S. Food and Drug Administration would have rejected such warnings.

  • July 25, 2016

    SEPTA Applicants Fight To Keep Alive Background Check Suit

    Three men fought Friday to keep alive a proposed class action accusing the Southeastern Pennsylvania Transportation Authority of violating federal law in its use of consumer reports, insisting they suffered real harm by the authority's invasion of their privacy.

  • July 25, 2016

    El Pollo Loco Secures Toss Of Calif. Investor Suit

    A California federal judge on Monday tossed a proposed shareholder class action alleging key executives of El Pollo Loco Holdings Inc. knowingly made misleading statements that inflated the Tex-Mex restaurant chain's stock, saying investors hadn’t shown any false comments.

  • July 25, 2016

    NCAA Says O'Bannon Not Really Against Its High Court Bid

    The NCAA recently urged the U.S. Supreme Court to take up its challenge of the Ninth Circuit’s finding that the organization's rules prohibiting student-athletes from being paid are anti-competitive, saying that despite their opposition brief, the athletes actually favor part of the association's petition for review.

  • July 25, 2016

    Lenovo Users Request Class Cert. In Adware Suit

    Lenovo users in multidistrict litigation accusing the computer manufacturer of secretly installing adware on their devices asked a California federal judge Friday to certify a class, saying a class action is the only way for the hundreds of thousands of consumers who purchased the affected laptops to get relief.

Expert Analysis

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Why EB-5 Investors Are Not Your Typical Clients

     H. Ronald Klasko

    EB-5 is a wonderful program. Unfortunately, a small but increasing number of EB-5 projects have gone awry, leaving investors in a very difficult situation. Ronald Klasko of Klasko Immigration Law Partners LLP addresses issues that receivers and litigators need to understand in order to properly represent the interests of investors.

  • The CFPB's Flawed Case For Banning Class Action Waivers

    Eric J. Mogilnicki

    The Dodd-Frank Act gave the Consumer Financial Protection Bureau the opportunity to think broadly about dispute resolution. Unfortunately, instead it decided to reinstitute a class action regime that its own study indicates poorly serves consumers’ interests, says Eric Mogilnicki, a partner at Covington & Burling LLP.

  • Spotlight Remains On Marketplace Lenders Post-Madden

    Joseph Cioffi

    Following the U.S. Supreme Court’s denial of certiorari in Madden v. Midland Funding, the focus on online marketplace lenders spawned by the Second Circuit’s decision has only intensified. As potential issues crystallize through lawsuits and regulations, the opportunity exists for lenders to adjust their practices and steer away from unintended consequences, say Joseph Cioffi and Massimo Giugliano of Davis & Gilbert LLP.

  • The Importance Of Adequate M&A Disclosures To Stockholders

    Meredith E. Kotler

    By applying the irrebuttable business judgment rule standard to change-of-control transactions approved by a majority of fully informed, uncoerced, disinterested stockholders, the Delaware Chancery Court's analysis in the case of Volcano provides the crucial carrot of claim extinguishment where adequate disclosure is made, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • How To Close A Law Firm — Practically And Ethically

    Janis M. Meyer

    Winding down a law firm is at best stressful, at worst excruciatingly painful, and often carried out as if it were an emergency, rendering the process even more difficult. There are certain common steps that should be on the firm's radar from the moment the decision to dissolve is made, says Janis Meyer, a partner with Hinshaw & Culbertson LLP who helped oversee Dewey & LeBoeuf's 2012 bankruptcy filing and the subsequent wind-down of the firm.

  • When Oil Prices Drop, Make Sure Your Insurance Tank Is Full

    Allen R. Wolff

    Tumult in the energy industry could have long-lasting implications for oil patch companies, especially their officers and directors. As shareholder discontent rises, so will the potential for coverage under directors and officers liability policies, say Allen Wolff and John Leonard at Anderson Kill PC.