Class Action

  • September 1, 2015

    Safeway Liable In $30M Grocery Delivery Markup Row

    A California federal judge on Monday found Safeway Inc. liable for $30 million in a breach-of-contract class action brought by customers who claim the grocer overcharged for delivered groceries when it had promised price parity with store-bought merchandise.

  • September 1, 2015

    Apple Can't Unplug False Ad Class Action Over Chargers

    A California judge on Tuesday rejected Apple Inc.'s bid to escape a putative consumer class action alleging the company tricks consumers by not disclosing that only Apple-licensed charging cables work with iPhones and iPads, ruling Apple's practices could lead consumers to waste money on useless cables.

  • September 1, 2015

    JPMorgan, Citi Mortgagors Seek Cert. In Inspection Fees Row

    Citibank NA and JPMorgan Chase & Co. mortgage borrowers urged a California federal judge on Tuesday to certify a nationwide class of millions of homeowners whom the banks allegedly charged unnecessary fees for property inspections when their loans were in default.

  • September 1, 2015

    7th Circ. Revives UnitedHealthcare TCPA Suit

    The Seventh Circuit on Tuesday reversed a dismissal of a proposed class action brought by a chiropractor against UnitedHealthcare Inc. alleging violations of the Telephone Consumer Protection Act, saying the lower court didn’t give the plaintiff a chance to respond to new facts.

  • September 1, 2015

    Welch Consumers Say Labels Put Them At Prosecution Risk

    A proposed class of consumers claiming Welch Foods Inc. made its fruit juices and spreads illegal contraband through misbranding fought the company's summary judgment bid Monday, telling a California federal court in filings that owning the products presents “serious potential” for prosecution.

  • September 1, 2015

    Fla. County Sued Over Noise At Fort Lauderdale Airport

    Broward County in Florida was hit with a putative class action in federal court Tuesday by a group of residents living near a 1-year-old runway expansion at the county-operated Fort Lauderdale-Hollywood International Airport who say the “unbearable” noise pollution amounts to an unconstitutional taking of their property.

  • September 1, 2015

    Visa Says Atty Misconduct Shouldn't Kill $7.25B MDL Deal

    MasterCard Inc., Visa Inc. and other banks tangled up in multidistrict litigation over credit card transaction fees fought Tuesday to keep a $7.25 billion settlement alive after a number of major retailers pushed a New York federal court to trash the deal over attorney misconduct.

  • September 1, 2015

    BB&T, Assurant Unit Facing Suit Over Force-Placed Insurance

    Branch Banking & Trust Co. charged mortgage holders inflated premiums for force-placed insurance and took kickbacks from an Assurant Inc. unit in exchange for exclusively using their services, according to a putative class action filed Tuesday in Florida federal court by two homeowners.

  • September 1, 2015

    $50M Deal In Milk Price-Fixing Row Again Rejected By Judge

    A Vermont federal judge on Tuesday again refused to approve a proposed $50 million settlement between Dairy Farmers of America Inc. and farmers alleging a milk pricing conspiracy, ruling the revised deal wouldn't satisfy some farmers who opposed the previous version.

  • September 1, 2015

    Groupon Investors Drop Claims Against IPO Underwriters

    A certified class of Groupon Inc. shareholders suing the company over its 2011 initial public offering said in Illinois federal court Tuesday it is dropping remaining claims against three underwriters following discovery in efforts to streamline their case.

  • September 1, 2015

    Plaintiffs Fight 3rd Bid To Toss Protein Powder Ad Suit

    Plaintiffs claiming MusclePharm Corp. lies about how much protein its supplement powders contain defended the proposed class action against yet another bid to toss it on Monday, telling a California federal court they had fixed problems the judge found the last time.

  • September 1, 2015

    Plaintiffs Defend Expert in Hain Celestial Tea Labeling Suit

    Consumers in a consolidated proposed class action over “natural” claims on Hain Celestial Group Inc.’s tea labels asked a California federal judge Monday to allow the declaration of a damage analysis expert they say directly responds to Hain’s argument that a price premium calculation is impossible.

  • September 1, 2015

    Spokeo Will Impact Verizon ERISA Suit, 5th Circ. Told

    Two Verizon retiree classes sought a Fifth Circuit panel rehearing of their rejected appeal over the telecom giant’s transfer of $7.4 billion in pension obligations, arguing Monday that the U.S. Supreme Court's constitutional standing decision in Spokeo will directly impact their case.

  • September 1, 2015

    Drywall Maker Fights $2M Award To Condo Developer

    Knauf Plasterboard Tianjin Co. Ltd. and a group of related companies told a Louisiana federal judge Monday his nearly $2 million remediation cost award to a condominium developer amounts to "a double recovery" under a 2011 settlement between the companies and plaintiffs in multidistrict litigation over defective drywall.

  • September 1, 2015

    Facebook Violates Biometric Privacy Law, Non-User Says

    An Illinois man who doesn’t have a Facebook account hit the social media giant with a proposed federal class action on Monday, saying Facebook’s photo-tagging feature violates a state law protecting the privacy of biometric data.

  • September 1, 2015

    Investors Slam Bid To Toss Cobalt Bribery Class Action

    A group of aggrieved investors urged a Texas federal district court Monday to deny a motion to dismiss their proposed class action alleging private equity-owned Cobalt International Energy Inc. bribed government officials in Angola and made misrepresentations to stock and bond investors that led to billions in losses.

  • September 1, 2015

    Judge Urged To Ax 'Tortured' Zoloft Birth Defect Testimony

    A federal judge was urged during a hearing in Philadelphia on Tuesday to find that an expert witness had relied on what an attorney described as “tortured” data in order to reach his conclusion that the Pfizer Inc. antidepressant Zoloft could be linked to birth defects.

  • September 1, 2015

    7th Circ. Affirms Schreiber's Exit From Milk Price MDL

    The Seventh Circuit affirmed Tuesday that dairy companies accusing cheese manufacturer Schreiber Foods Inc. of conspiring to increase the price of raw milk didn’t have enough evidence to support their claims, upholding an Illinois federal judge’s decision to grant the company's motion for summary judgment.

  • September 1, 2015

    Hyundai Steers Clear Of Blue Link System Valuation Suit

    A California federal judge on Monday tossed a putative class action against Hyundai Motor America, holding car owners cannot allege they overpaid for vehicles based on hardware for its Blue Link subscription-based emergency assistance and maintenance alert system, as they bargained away such claims by agreeing to a free trial.

  • September 1, 2015

    Bhopal Plaintiffs Seek To Revive Union Carbide Pollution Suit

    Attorneys anxious to pin responsibility for chemical pollution in India on Union Carbide Corp. on Tuesday asked the Second Circuit to revive their putative property damage class action and allow new expert testimony they said would show an important link between the parent company and an Indian subsidiary.

Expert Analysis

  • The High Court's Key Jurisdiction Question In Manning

    Matthew Tobin

    The circuits are divided on whether federal jurisdiction can be grounded in the first instance on Section 27 of the Securities Exchange Act, which states that federal courts “shall have exclusive jurisdiction” of violations arising under the act’s regulations. The resolution of this issue by the U.S. Supreme Court in Manning v. Merrill Lynch Pierce Fenner & Smith Inc. stands to affect not just Exchange Act claims, say Matthew Tobin... (continued)

  • The Greatest Cybersecurity Risk Comes From Within

    Ann M. Caresani

    There are essentially three categories of risk when it comes to the exposure of employee data — hackers, malicious insiders and negligent insiders. Though often an afterthought by companies, it is this third category that poses the greatest risk to the security of employee data, say Ann Caresani and Christine Snyder of Tucker Ellis LLP.

  • Litigation Risk For HFT Facilitators Fades Fast

    Kathleen Massey

    A New York federal judge’s decision last week dismissing all claims against several U.S. stock exchanges and a dark pool operator is just the latest defeat for plaintiffs firms hoping to put high-frequency trading on trial in the wake of Michael Lewis’ book “Flash Boys,” say Kathleen Massey and Jeffrey Benner of Dechert LLP.

  • Competitors Push Back With False Advertising Laws

    Eric W. Buetzow

    As the Tenth Circuit recently recognized, false advertising causes of action are providing a robust weapon against overly aggressive and often youthful firms who “cross the line from harmless hyperbole into underhanded deception with material commercial consequences.” However, the current landscape is not a complete boon for competitor plaintiffs, says Eric Buetzow of Zelle Hofmann Voelbel & Mason LLP.

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Price Impact Analysis — Where The Halliburton Court Erred

    Bjorn I. Steinholt

    The Northern District of Texas’ July 2015 decision in Halliburton has already been touted as a “bellwether” opinion on how to prove the absence of price impact to defeat class certification. Unfortunately, the opinion is based partly on a common fallacy — that the absence of statistical significance proves the absence of price impact, says Bjorn Steinholt, managing director at economics consulting firm Caliber Advisors Inc.

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 7th Circ. Again Limits Dukes, This Time In Teacher Case

    Gerald L. Maatman Jr.

    Chicago Teachers Union Local No. 1 v. Board of Education of the City of Chicago is significant for employers in that the Seventh Circuit, as it did in McReynolds v. Merrill Lynch Pierce Fenner & Smith Inc., certified a race discrimination class action even though the final alleged discriminatory decisions were based on subjective decisions by multiple decision makers. In so doing, the court further limited Wal-Mart Stores Inc. v. D... (continued)

  • Congress Must Come To The Defense Of Class Actions

    Lauren G. Barnes

    Without congressional action, ubiquitous binding arbitration clauses and class action bans — upheld by the U.S. Supreme Court — will continue to lead to the predictable result of both unfairness to injured consumers and a systemic failure to hold companies accountable for abusing the trust placed in them, says Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)