Class Action

  • May 22, 2015

    MasterCard, Target Fall Short On Data Breach Settlement

    MasterCard Inc. and Target Corp. didn't get enough banks to sign onto a $19 million payout to settle a proposed class action in Minnesota federal court as part of larger multidistrict litigation over a massive 2013 breach of Target customers' credit card data, Target said Friday.

  • May 22, 2015

    2nd Circ. Revives Debtor's Midlands Interest Rate Suit

    The Second Circuit on Friday paved the way for a Midland Funding LLC debtor to seek class certification in her suit accusing the creditor of charging illegally high interest rates, finding that a lower court wrongly determined that the claims were preempted by the National Bank Act. 

  • May 22, 2015

    Sirius’ Gripe With Pre-‘72 Cert. Is Nonsense, Turtles Say

    The Turtles rock band urged a California federal judge Friday to certify a class of owners of pre-1972 songs that they say Sirius XM Radio Inc. played without paying royalties, contending that the satcaster’s argument that the licensing situation for each record is individualized “makes zero sense.”

  • May 22, 2015

    Philly Zoloft Trial Can Shape Expert Testimony In MDL

    The second bellwether trial over the alleged birth defect risks of Pfizer Inc.'s antidepressant Zoloft begins at the end of this month in a Pennsylvania state court, and attorneys say the success of the expert testimony could make or break plaintiffs' chances in the Zoloft multidistrict litigation playing out in federal court.

  • May 22, 2015

    Deepwater Deal Stiffs Cash Businesses, Claimants Say

    Several business owners complained on Thursday that they are being edged out of the $9.2 billion Deepwater Horizon oil spill settlement because much of their sales were in cash, blasting the claims administrator for his allegedly shifting views on the evidence necessary to take part in the deal.

  • May 22, 2015

    Coffee Bean Chain Hit With Background Check Class Action

    A proposed class action removed to California federal court Thursday claims cafe chain Coffee Bean & Tea Leaf didn't properly inform people applying for positions of its background check policies or get their permission to pull their consumer credit reports. 

  • May 22, 2015

    Rejected Offer To Settle In Full Won’t End Suit: 2nd Circ.

    In an amended decision issued Thursday, the Second Circuit ruled that an unaccepted offer to settle claims for their full value doesn’t entitle a defendant to dismissal, clarifying its stance on a circuit-splitting issue that will soon be heard in the U.S. Supreme Court.

  • May 22, 2015

    Nordstrom Family Wants Plane Ride Suit Grounded

    The Nordstrom family on Thursday urged a Washington federal judge to ground a lawsuit accusing Nordstrom Inc. of hiding the cost of operating a fleet of private airplanes for the family, arguing a robust cost-checking system was in place throughout the time period outlined in the complaint.

  • May 22, 2015

    Sigma Settles Price-Fixing Suit Over Pipe Fittings For $4.9M

    Sigma Corp. has agreed to pay $4.9 million to a group of direct purchasers of ductile iron pipe fittings to settle a putative class action in New Jersey federal court accusing the company and two others of fixing prices and other anti-competitive behavior, according to a memorandum filed Thursday.

  • May 22, 2015

    $32M Capital One Overdraft Deal OK'd By Judge

    A Florida judge on Friday signed off on an almost $31.8 million settlement between Capital One Bank NA and plaintiffs in multidistrict litigation over allegedly deceptive overdraft fees, saying that the recovery amount is extremely reasonable given the risks faced by the plaintiffs.

  • May 22, 2015

    Big Banks Never Stopped Rigging Forex Market, Suit Says

    The day after the U.S. Department of Justice announced a $5.6 billion settlement with five big banks, JPMorgan Chase & Co., Barclays PLC and others are once again being accused of rigging the foreign exchange market, this time by a putative class of bank customers who claim the conspiracy continues to this day.

  • May 22, 2015

    Del. Chancery Judge Tosses 'London Whale' Derivative Suit

    A Delaware Chancery judge on Friday nixed a pension fund's derivative suit looking to hold JPMorgan Chase & Co. and a slew of its officers and directors accountable for the 2012 “London Whale” trading fiasco, finding the plaintiff has no standing to bring the case since two nearly identical suits were already tossed out of New York federal court.

  • May 22, 2015

    Carpenter Settles Price-Fixing Suit With Foam Buyers

    Carpenter Co. has reached a settlement with indirect purchasers of its foam products to exit multidistrict litigation accusing the company of plotting to fix prices, the parties said Friday.

  • May 22, 2015

    Movie Studios Want Animators’ Anti-Poaching Suit Tossed

    The Walt Disney Co., DreamWorks Animation SKG Inc. and others urged a California federal judge on Thursday to toss a proposed class action brought by animators accusing the studios of conspiring to keep down wages, saying that plaintiffs failed to show proof the studios knowingly misled them in the alleged scheme.

  • May 22, 2015

    Bass Pro Says EEOC Wants ‘Unlawful’ Case Setup

    Bass Pro Outdoor World LLC on Thursday labeled the Equal Employment Opportunity Commission’s proposed case management order for allegations that the retailer committed discriminatory hiring practices as “unmanageable” and  “fundamentally unfair.”

  • May 22, 2015

    Wildstein Surfaces In Class Actions Over Bridge Scandal

    A key figure in the George Washington Bridge scandal moved Friday to enter the fray in class actions alleging civil rights violations over the September 2013 reduction of access lanes to the bridge, which comes after a failure to defend himself in the litigation left him in default.

  • May 22, 2015

    Objections Can't Sink $40M Airline Price-Fixing MDL Deal

    The California federal judge overseeing passengers' antitrust claims in multidistrict litigation against Societie Air France and other airlines gave final approval Friday to their $39.5 million settlement, overruling objections but saying he'd take a closer look at a last-minute bid for an additional $1 million for plaintiffs' attorneys.

  • May 22, 2015

    Wal-Mart Argues Calif. ZIP Code Class Can't Stand

    Wal-Mart Stores Inc. on Thursday urged a California federal judge to decertify a class of more than 100,000 consumers who allege that the retailer illegally collected their ZIP codes during credit card transactions, arguing that it had no uniform policy of requesting ZIP codes.

  • May 22, 2015

    Fairway Says IPO Class Action Fails Under Omnicare

    Fairway Group Holdings Corp. has urged a New York federal court to toss a putative class action claiming the private equity-backed grocery chain misled investors ahead of its $159 million initial public offering, saying the plaintiffs’ claims fail under the Supreme Court's recent Omnicare ruling.

  • May 22, 2015

    Ram Towing Power Class Action Is 'Legally Infirm,' FCA Says

    Automaker FCA US LLC told a South Carolina federal court Friday that a putative class action accusing it of misrepresenting the towing power of certain Dodge Ram trucks is “legally infirm,” tangling up contract allegations with non-contract causes of action.

Expert Analysis

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • A Route To Directors' Early Exit From Merger Litigation

    Kevin C. Logue

    It has become all too common in transaction-related stockholder litigation for the pleading net to be cast widely, embroiling disinterested and independent directors into long and costly litigation. The Delaware Supreme Court's decision in the case of Cornerstone Therapeutics Inc. should lead to closer scrutiny of allegations against individual directors, say attorneys with Paul Hastings LLP.

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • Congress Could Be Coming For Dietary Supplements Soon

    Douglas F. Gansler

    The next chapter in the saga of New York State Attorney General Eric T. Schneiderman and company's investigation into the dietary supplements industry may take place on Capitol Hill given their recent letter to Congress requesting an investigation of the industry as well as stronger oversight from the U.S. Food and Drug Administration, say attorneys at BuckleySandler LLP, including the former attorney general of Maryland.

  • Use Of Biometric Information As A Basis For Civil Liability

    Derek Sarafa

    Despite the proliferation of the use of biometrics, there are very few state statutes and no federal statutes that create civil remedies based on the capture and disclosure of biometric data by private businesses. But enterprising plaintiffs lawyers are attempting to use those that do exist to create a potential new sphere of liability, say attorneys with Winston & Strawn LLP.

  • Attorneys Play Vital Role In Structured Settlement Annuities

    Joseph Barnet

    An overall lack of understanding continues to restrict growth in the structured settlement arena. With expanded awareness among attorneys, judges, mediators and legislators, more physical injury and wrongful death claimants might experience the many benefits structured settlements have to offer, says Joseph Barnet, vice president and head of Prudential Structured Settlements.

  • Rolling The Dice On Class Actions Against Gaming Cos.

    A. Jeff Ifrah

    Settlement of class actions against social and video gaming companies alleging unlawful gambling could require the end of company practices that kill off main sources of revenue. Defendants should see suits through dismissal as opposed to settling — the long-term payout of discouraging predatory suits should be worth it, says A. Jeff Ifrah of Ifrah Law PLLC.

  • Problems In The 'Fight Of The Century' Class Actions

    James Sammataro

    Can aggrieved pay-per-view customers sue Manny Pacquiao and his corporate constellation for his performance in the overhyped “Fight of the Century” against Floyd Mayweather? Precedent firmly says “no,” yet more than a dozen putative class actions have been filed, says James Sammataro of Stroock & Stroock & Lavan LLP.

  • Supreme Court Leaves 'Duty To Monitor' Definition To Others

    John D. Donovan

    With its ruling in Tibble v. Edison International, the U.S. Supreme Court has breathed life into stale claims about investment selection by recognizing a fiduciary’s continuing obligation to “monitor” investments and investment options. But the opinion stopped short of defining the precise contours of the “duty to monitor” — leaving the development of the obligation to case-by-case evolution, say attorneys with Ropes & Gray LLP.