Class Action

  • July 29, 2014

    KFN, KKR Seek To Ax Chancery Suit Over $2.6B Deal

    Directors of KKR Financial Holdings LLC urged a Delaware Chancery Court judge Tuesday to toss a putative class action brought by KFN shareholders allegedly shortchanged in a $2.6 billion takeover by KKR & Co. LP, contending the deal was a legitimate exercise of their business judgment.

  • July 29, 2014

    NCAA's $75M Deal Shortchanges Players, Judge Told

    The NCAA’s freshly minted $75 million settlement of student-athlete concussion litigation prompted an immediate backlash Tuesday from some plaintiffs’ attorneys, with one telling an Illinois federal judge that the deal lets the NCAA dodge billions of dollars in liability while doing nothing for players who were actually injured.

  • July 29, 2014

    Toshiba Can't Force Settlement Discovery In Price-Fixing MDL

    A California federal judge on Monday denied a bid by Toshiba America Information Systems Inc. to force several plaintiffs to fork over settlement agreements in multidistrict litigation over cathode ray tubes price-fixing, finding the discovery request was premature.

  • July 29, 2014

    NTSB Faults Conrail For 2012 NJ Train Derailment

    The National Transportation Safety Board on Tuesday faulted Consolidated Rail Corp. for a 2012 derailment and chemical spill in New Jersey that has sparked numerous lawsuits and class actions, finding that train personnel weren't adequately prepared to determine whether the bridge at issue was locked and safe to cross.

  • July 29, 2014

    Barclays Dark Pool Scrutiny Prompts Investor Class Action

    A Barclays PLC investor filed a securities class action against the banking colossus on Tuesday, saying it kept mum about willful mismanagement of its off-exchange trading pool right up until New York's attorney general revealed the alleged malfeasance in a dramatic suit last month.

  • July 29, 2014

    Dollar General To Submit Background Check Docs To EEOC

    An Illinois federal judge on Tuesday ordered Dollar General to turn over information on its use of background checks in hiring, in the U.S. Equal Employment Opportunity Commission's suit alleging the retailer's background screening discriminated against minority job applicants.

  • July 29, 2014

    BP, Shell Blast Class's Crude Oil Manipulation Claims

    Morgan Stanley, Royal Dutch Shell PLC and others asked a New York federal to toss a consolidated class action in multidistrict litigation accusing them of manipulating crude oil futures, arguing that the plaintiffs can't point to specific antitrust conduct to back their claims.

  • July 29, 2014

    Michael Kors Inflates Outlet Discount Prices, Suit Says

    Michael Kors LLC misleads consumers by offering items for sale at its outlet stores at seemingly steep discounts from their suggested retail prices, when in reality the products were made exclusively for the outlets and the “original prices” are fabricated, according to a putative class action in New York federal court.

  • July 29, 2014

    Deutsche Bank, BofA Must Face Pa. Foreclosure Class Action

    A Third Circuit panel on Tuesday partially revived a putative class action accusing Bank of America NA and Deutsche Bank AG units of charging improper attorneys' fees in foreclosure proceedings, ruling that statutory damages were still possible even though the plaintiff hadn't paid the fees.

  • July 29, 2014

    U-Haul Hit With False-Ad Suit Over 'Environmental Fees'

    U-Haul International Inc. has been slapped with a putative class action by a California consumer alleging the moving-truck rental company falsely advertises its prices without including mandatory "environmental fees" of $1 to $5 to its daily rates.

  • July 29, 2014

    Employees Can't Duck Arbitration In Wage Suit, CarMax Says

    CarMax Auto Superstores California LLC on Monday urged a California federal judge to bar plaintiffs in a putative wage-and-hour class action that was sent to arbitration from bringing identical claims in state court, arguing they are trying to avoid the arbitration order by filing the new suit.

  • July 29, 2014

    Ex-HP Salesman Can't Duck Attys' Fees In Suit Over Bonuses

    A California federal judge has ordered a former Hewlett-Packard Co. sales representative to pay about $166,000 in attorneys' fees and court costs for filing a since-dismissed class action for unpaid bonuses that the court ruled wrongly relied on a state labor code amendment.

  • July 29, 2014

    Gap Can't Escape Claims Staff Worked Off The Clock

    The Gap Inc. on Monday lost its bid to extinguish a proposed class action brought by a former employee in California who claims the clothing retailer doesn't fully compensate its staff members for all of their work.

  • July 29, 2014

    Research Company Pays $1.5M To End TCPA Suit

    Polling and public opinion research company Mountain West Research Center LC on Monday agreed to a $1.5 million settlement that will resolve class action claims that it violated the Telephone Consumer Protection Act in the course of contacting consumers by phone.

  • July 29, 2014

    Calif. Justices Told Insurer Can Deny Eating Disorder Care

    Blue Shield of California has asked the California Supreme Court to overturn a decision in a proposed class action saying the insurer must pay for two women's residential treatment of eating disorders, arguing the treatment goes beyond state law requirements that insurers treat mental and physical ailments equally.

  • July 29, 2014

    Macy's, Foot Locker Sued For Collecting Customer Info

    A putative class of California consumers hit Macy's Inc. and Foot Locker Inc. with separate suits in federal court on Monday alleging that their personal information was illegally collected at in-store checkouts. 

  • July 29, 2014

    Endo, Watson Seek Dismissal Of Lidoderm Pay-For-Delay Suits

    Endo Pharmaceuticals Inc., Teikoku Seiyaku Co. Ltd. and Watson Pharmaceuticals Inc. urged a California federal judge on Monday to dismiss several suits in multidistrict litigation accusing them of illegally agreeing to delay a generic version of the Lidoderm pain relief patch, arguing the deal was perfectly lawful.

  • July 29, 2014

    Consumers Denied Cert. In Suit Over Clorox's Fresh Step Ads

    Consumers seeking class certification in their suit over Clorox Co.’s allegedly deceptive Fresh Step cat litter ad campaign were brushed back Monday by a California federal judge, who ruled there was no manageable way to identify enough Fresh Step buyers.

  • July 29, 2014

    Affinity Gaming Ends Shareholder Feud With Board Change

    Casino owner Affinity Gaming has agreed to reshuffle its board of directors in order to dismiss pending shareholder litigation over its implementation of alleged “poison pill” provisions to keep certain private equity shareholders from taking control, according to a Monday statement.

  • July 29, 2014

    Class Seeks OK On Kashi's Record $5M Food Labeling Deal

    Plaintiffs in a class action accusing Kashi Co. of falsely advertising its food brands as all-natural asked a California federal judge on Monday to finalize a $5 million settlement that class counsel called the largest such settlement in a single state.

Expert Analysis

  • Does 'Consent' Survive Cellphone Number Recycling?

    Perrie M. Weiner

    The new Twitter case in the Northern District of California raises interesting issues regarding the Telephone Consumer Protection Act’s concepts of “consent” and “called party” that have not yet been finally determined by either the courts or the Federal Communications Commission, say attorneys with DLA Piper LLP.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.

  • High Stakes In Play With Rule 68 Decisions

    David Carpenter

    This week, the Eleventh Circuit will hear appeals in two Telephone Consumer Protection Act cases centered on whether a Rule 68 offer of judgment can completely moot a class action. While the court may follow suit and adopt either the Seventh Circuit or Ninth Circuit rule, the door is open for a decision that changes the class action landscape, say David Carpenter and James Cash of Alston & Bird LLP.

  • In Mach Mining Appeal, A Search For Conciliation Model

    Steve Pearlman

    The U.S. Supreme Court, in agreeing to hear Equal Employment Opportunity Commission v. Mach Mining, should consider the National Labor Relations Act's model for good-faith bargaining as the Seventh Circuit’s approach toward the case arguably invites a “take-it-or-leave-it” option that could lead to litigation based on legal theories in search of supporting facts, say Steve Pearlman and Amanda Wiley of Proskauer Rose LLP.

  • Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

    Tracey Ehlers

    Federal courts, particularly those following Third Circuit precedent, are paying more attention to the ascertainability of class members and companies in the food and beverage industries — where consumers do not typically retain receipts — should take note when challenging class certification, say attorneys at Nixon Peabody LLP.

  • Your D&O Insurance Policy Post-Halliburton

    Roberta D. Anderson

    The U.S. Supreme Court decision in Halliburton Co. v. Erica P. John Fund may significantly increase defense costs at and prior to the class certification stage, so companies may wish to carefully consider their directors and officers insurance program and confirm that their policies would respond to cover expert witnesses and “event study” expenses, says Roberta Anderson of K&L Gates LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Think Before You Transfer Your Product Liability Case

    Cynthia H. Cwik

    Despite a decline over the past eight years, the U.S. Judicial Panel on Multidistrict Litigation continues to grant far more product liability transfer motions than it denies. Considering parties' geography and preferences, among other factors, will help when advising clients with centralization and the selection of a transferee court, say attorneys at Jones Day.