Class Action

  • April 11, 2014

    The 2014 Rising Stars, By Firm

      Kirkland & Ellis LLP leads the pack this year with 12 attorneys from the firm making the Rising Stars list, followed closely by Gibson Dunn with 11.

  • March 27, 2015

    Kinross Pays $33M To Settle Securities Suit Over African Mine

    Plaintiffs accusing Kinross Gold Corp. of misleading investors over the prospects of a West African mine it sought to acquire through a merger asked a New York federal judge on Thursday to preliminarily approve a $33 million settlement deal that would halt a proposed securities class action.

  • March 27, 2015

    Walgreens To Pay $11M To End Prescription Robocall Suit

    Walgreen Co. has agreed to pay $11 million to end a class suit accusing it of violating the Telephone Consumer Protection Act by placing robocalls to customers' cellphones with pre-recorded prescription reminder messages, according to documents filed Thursday in Illinois federal court.

  • March 27, 2015

    Panasonic, Indirect Purchasers Settle In CRT Price-Fixing MDL

    Panasonic Corp. has reached a settlement with indirect purchaser plaintiffs over their claims in multidistrict litigation that it was part of a conspiracy to fix the prices of cathode ray tubes, according to a California federal court filing Thursday, just days after the electronic giant settled claims made by Sharp Electronics Corp.

  • March 26, 2015

    Ameriprise Agrees To Pay $27.5M To Settle 401(k) Plan Suit

    Ameriprise Financial Inc. agreed to pay $27.5 million to settle a class action brought by current and former employees claiming they lost $20 million in retirement fund investments because Ameriprise favored its own underperforming subsidiary funds over investment plans with better performance records, the plaintiffs told a Minnesota federal court Thursday.

  • March 26, 2015

    Premera Blue Cross Sued Over Massive Data Breach

    Premera Blue Cross, one of the largest health insurers in the Pacific Northwest, was hit with a proposed class action Thursday in Washington federal court accusing it of negligence after a data breach potentially exposed the personal data of 11 million customers.

  • March 26, 2015

    GM Execs Must Walk Tightrope In Ignition Switch Depositions

    General Motors Co. CEO Mary Barra and other high-level executives face depositions this year in the unfolding saga over deadly defects in its ignition switches, a tricky proposition particularly for chief executives who must walk a thin line between offering truthful, direct answers and protecting the company, attorneys say.

  • March 26, 2015

    Goldman, JPMorgan Can't Toss Aluminum Price-Fixing MDL

    A New York federal judge on Thursday denied bids to toss multidistrict litigation accusing Goldman Sachs & Co., JPMorgan Securities PLC and others of antitrust violations for manipulating aluminum prices, ruling that plaintiffs have stated a plausible claim under the Sherman Act.

  • March 26, 2015

    SpaceX Can’t Jettison Mass Layoff Class Action

    A California judge on Thursday rejected Space Exploration Technologies Corp.’s bid to end a putative class action alleging it laid off hundreds of workers last year without a state-mandated warning and shorted their final paychecks, ruling the plaintiffs had sufficiently pled their labor law claims.

  • March 26, 2015

    GNC Asks JPML To Split Supplement MDLs, Consolidate In Pa.

    General Nutrition Corp. told the U.S. Judicial Panel on Multidistrict Litigation on Wednesday that the suits against it and other retailers over allegedly mislabeled herbal supplements should be consolidated in Pennsylvania but that they should be split into separate multidistrict litigations against each defendant.

  • March 26, 2015

    Cellphone Users Win Cert. In GE Capital Spam-Calling Suit

    A California federal judge on Thursday certified a nationwide class of cellphone users who allege they received multiple unwanted debt collection calls from GE Capital Retail Bank even though they weren't customers, which they say violated the Telephone Consumer Protection Act.

  • March 26, 2015

    Carnival Workers In Wage, Visa Suit Win Class Cert.

    Workers accusing an amusement park company of underpaying them and forcing them to pick up H-2B visa expenses won class certification from a Massachusetts federal judge on Thursday, one day after the company was hit with a National Labor Relations Board suit over its response to the action.

  • March 26, 2015

    Arpaio Atty Fights Giving Testimony In Traffic Stops Case

    An attorney who represented Sheriff Joe Arpaio and the Maricopa County Sheriff's Office in an ongoing case over traffic stops used to verify drivers’ immigration status told an Arizona federal court Tuesday to nix a group of Latino individuals' bid to make him testify and produce documents because the information is privileged.

  • March 26, 2015

    Anadarko Asks High Court To Mull Deepwater Horizon Liability

    Anadarko Petroleum Corp. has urged the U.S. Supreme Court to review the Fifth Circuit’s definition of “discharge” in finding it potentially liable for more than $4 billion in penalties for Clean Water Act violations tied to the Deepwater Horizon disaster.

  • March 26, 2015

    Class Cert. Makes Headway In Shrimp Basket Tip Pool Suit

    A magistrate judge recommended conditional class certification Wednesday in a suit alleging Shrimp Basket Inc. restaurants violated the Fair Labor Standards Act by using illegal tip pools and denying servers minimum wage, while a same-day sanctions bid claimed a plaintiffs attorney tried to poach employees for the suit.

  • March 26, 2015

    Neutrogena Burns Off Some Sunscreen Class Action Claims

    The lead plaintiff in a proposed class action accusing Neutrogena Corp. of misleading consumers about the effectiveness of several “high sun protection factor” sunscreens isn’t entitled to an injunction because the company has already removed the alleged misstatements from its packaging, a Florida federal judge ruled Wednesday.

  • March 26, 2015

    Feds Target Class Claims In Secret Service Race Bias Suit

    The U.S. government urged a Washington, D.C., federal court Wednesday to nix the class claims in a race bias case brought by black Secret Service agents, acknowledging the Secret Service's history is “not without blemish” but arguing that overall promotion rates show a commitment to equality. 

  • March 26, 2015

    Citi Wage Suit With Unusual DR Horton Ruling Sent To Arbiter

    An Idaho federal judge who relied on the National Labor Relations Board's D.R. Horton decision, and rejected Citicorp Credit Services Inc.'s bid to compel individual arbitration in an ex-worker's proposed collective action, reversed course Wednesday, noting the Ninth Circuit called his prior ruling into question.

  • March 26, 2015

    Omnicare Bolsters Case Against Ex-Merck VP, Investors Say

    Shareholders accusing Merck & Co. Inc.'s former vice president of lying about the study results on Vioxx's heart attack link told a New Jersey federal court Wednesday that the U.S. Supreme Court's recent Omnicare ruling "vindicates" their case theory and directly rejects the executive's summary judgment argument.

  • March 26, 2015

    Red Lobster, Olive Garden Workers Denied Cert. In Wage Row

    An Illinois federal judge on Tuesday refused to certify a proposed statewide class of Darden Restaurants Inc. workers, the company which operates Olive Garden and formerly operated Red Lobster, finding that there are too many individualized questions for the employees to proceed with their vacation-pay allegations as a class.

Expert Analysis

  • A Closer Look At Madoff Victims' PwC, Citco Suit

    Christine Vargas Colmey

    A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • Lower Courts Missing The Point Of Halliburton II

    John S. Williams

    Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • Federal Judge Puts Tito’s Safe-Harbor Claim On The Rocks

    Thomas J. Cunningham

    On March 18, a federal judge in San Diego issued an eagerly anticipated ruling on a motion to dismiss filed by Fifth Generation Inc. — the producer of Tito’s Handmade Vodka. In issuing its ruling, the court became the first to offer an opinion on the merit of claims made in numerous similar cases filed across the country against a number of spirits producers, say Thomas Cunningham and Simon Fleischmann of Locke Lord LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Not Saved By The Bell: Dismissing Classes Prediscovery

    Laura E. Vendzules

    While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.