Class Action

  • May 2, 2016

    Banks Lose Fight Over UK Document Chase In Yen Libor Suit

    A New York federal judge Friday rejected a bid by HSBC and other banks to have an investor pursue documents in the U.K. via the Hague Convention in a proposed antitrust class action alleging they fixed yen-denominated Libor rates, saying the Federal Rules of Civil Procedure take precedence.

  • May 2, 2016

    Amneal Fights To Maintain Claims In Suboxone MDL

    Amneal fought Friday to keep claims in multidistrict litigation accusing Indivior of embarking on a product-hopping scheme to stave off generic competition to the opiate addiction treatment Suboxone, telling a Pennsylvania federal judge it has outlined the alleged plot in great detail.

  • May 2, 2016

    Yogurt Consumers Want Dairy Kept In Sugar Content MDL

    Yogurt eaters angry over the amount of sugar in Whole Foods’ private-label Greek yogurt urged a Texas federal court not to dismiss their claims against the Ontario-based dairy that makes it, saying the Hague Convention shouldn’t be allowed to complicate a suit that now appears to contain two live complaints.

  • May 2, 2016

    Yelp Investors Fight To Revive Bad Review Suit In 9th Circ.

    A group of investors pleaded with the Ninth Circuit on Monday to revive their proposed class action alleging Yelp Inc. lied to shareholders about the authenticity of reviews on its site, saying the California federal judge who dismissed the case overlooked important facts.

  • May 2, 2016

    Robbins Geller, Others Snag $57M Fees In Goldman RMBS Suit

    Robbins Geller Rudman & Dowd LLP and other firms that secured a $272 million settlement with Goldman Sachs Group Inc. in long-running litigation over a $6 billion residential mortgaged-backed securities offering were granted $57 million in attorneys’ fees on Monday.

  • May 2, 2016

    Baseball Players Say Frontier League Didn't Pay Min. Wage

    Two former professional baseball players hit the independent Frontier League with a wage-and-hour class action in an Ohio federal court on Friday alleging the league fails to pay players minimum wage or for overtime, bringing similar claims to those brought against Major League Baseball by Minor League Baseball players.

  • May 2, 2016

    USCIS Pushes For Win In Class Action Over EB-5 Rule

    U.S. Citizenship and Immigration Services asked a D.C. federal court on Friday to hand it a victory in a class action over a rule requiring applicants seeking an EB-5 visa to secure loans with assets they own, saying the agency's interpretation of a regulation about capital is entitled to deference.

  • May 2, 2016

    MagicJack Seeks To Toss Suit Claiming Stock Fraud

    MagicJack Vocaltec Ltd. urged a New York federal judge to let it seek dismissal of a proposed securities fraud class action Monday, saying an investor is just trying to buy time to shore up “thinly pled” allegations that MagicJack executives lowballed expected earnings.

  • May 2, 2016

    Lamictal Buyers Ask High Court Not To Take Antitrust Case

    Buyers of the anticonvulsant drug Lamictal urged the U.S. Supreme Court on Monday to turn away GlaxoSmithKline and Teva’s appeal in a pay-for-delay case, arguing lower courts rightly held that an agreement between the companies over generic versions of the drug may have been anticompetitive even if it didn't involve cash.

  • May 2, 2016

    9th Circ. Told Apple Must Face Claim It Intercepted Texts

    A lower court was wrong to toss a proposed class action alleging Apple Inc. intercepted and stored text messages, iPhone consumers told the Ninth Circuit on Friday, arguing that Apple intercepted the messages while they were being transmitted and it is possible to determine consumers who were affected.

  • May 2, 2016

    CFPB Proposal Could Snuff Out Arbitration Even Without Ban

    The Consumer Financial Protection Bureau is not expected to outright ban arbitration requirements in consumer finance contracts when it releases a hotly anticipated proposal later this week, but the watchdog's actions could ultimately have that effect, experts say.

  • May 2, 2016

    Traders Failed To Show Jurisdiction In Libor-Rigging Case

    A New York federal judge on Friday threw out some claims against Deutsche Bank, Rabobank and other foreign banks in Libor-rigging multidistrict litigation, ruling in favor of the banks’ arguments that the court lacks jurisdiction over an amended complaint by exchange-based futures traders that includes new jurisdictional allegations and names new defendants.

  • May 2, 2016

    Uber Hit With New Suit Over Driver Classification, Tips

    Less than two weeks after Uber settled two class actions with California and Massachusetts drivers for $100 million, a putative class of drivers from the remaining 48 states hit the company with a similar suit over worker classification and missing tips in Illinois federal court.

  • May 2, 2016

    High Court Won't Hear Fla. Apartment's Takings Suit

    The U.S. Supreme Court declined Monday to revive a Florida apartment complex’s class action challenge to a state law that allowed the government to keep most of the interest on funds the county court held during eminent domain proceedings.

  • May 2, 2016

    3rd Circ. Partially Revives Cigna ERISA Benefits Class Suit

    The Third Circuit ruled Monday that a group of out-of-network doctors has standing to pursue class claims against Cigna over allegations that the insurer schemed with database runner Ingenix Inc. to reduce the compensation owed for their work.

  • May 2, 2016

    Ruby Tuesday Hid Traffic Woes from Investors, Suit Says

    Ruby Tuesday projected an “unobtainable and unrealistic” financial outlook despite aggressive promotions from its competitors and waning casual dining traffic, which when revealed caused share prices to fall, a proposed investor class alleged Friday in a New York federal court.

  • May 2, 2016

    Diet Pill Co., Snooki Won't Get 2nd Circ. Input In False Ad Suit

    A New York federal judge on Monday turned down a request from a supplement maker and its “Jersey Shore” spokeswoman Nicole "Snooki" Polizzi to have the Second Circuit review her refusal to dismiss a false advertising suit against them over weight-loss products, saying there's no ground for thinking its opinion would differ from hers.

  • May 2, 2016

    Judge Slams 'Outrageous' Delay In Settlement Malpractice Row

    A law firm fighting a malpractice suit by plaintiffs who felt misled by the allocation of a massive fen-phen settlement got an earful Monday from a New York judge irritated by years' worth of litigation that seems to be caught in procedural quicksand.

  • May 2, 2016

    DuPont Faces Trial On Alleged Teflon Chemical-Cancer Link

    Chemical giant DuPont couldn’t convince a federal judge to head off a trial later this month on whether a case of testicular cancer was caused by the company's dumping a Teflon ingredient into waterways, one of many similar suits brought by Ohio and West Virginia residents.

  • May 2, 2016

    9th Circ. Affirms Dismissal Of TWC Timecard Rounding Suit

    The Ninth Circuit on Monday upheld a decision dismissing a Time Warner Cable employee’s proposed class action claiming the company’s timeclock system that rounded to the nearest quarter-hour deprived him of wages, saying the practice was generally fair and the amount in question was too small to consider.

Expert Analysis

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • A Powerful Tool For Indiana Securities Defendants

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    A defendant faced with an Indiana Securities Division action or a private lawsuit has a variety of arguments at its disposal. Alex Gude of Bingham Greenebaum Doll LLP looks at one argument — loss causation — that has the potential to defeat many claims based on the provisions of the Indiana Uniform Securities Act.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Class Actions And Rule 23 Amendments: The Road Ahead

    Henry J. Kelston

    The amendments to Federal Rule of Civil Procedure 23 recently passed a major hurdle on the way to possible adoption. Henry Kelston, a partner at Milberg LLP, examines the potential impact of the proposed changes, which will primarily affect Rule 23 provisions governing class action settlements.

  • Wave Of False Labeling Class Decertifications In Calif.

    Stephen R. Freeland

    California plaintiffs have recently tested a number of alternative approaches trying to show that restitution under California’s Consumer Legal Remedies Act may be calculated on a classwide basis for false labeling actions — but courts have not only been skeptical of these approaches, they have flatly rejected them, say Stephen Freeland and Thomas Gilbertsen at Venable LLP.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Tyson Shouldn't Affect Automotive Class Actions

    David Carpenter

    While the U.S. Supreme Court's decision in Tyson Foods v. Bouaphakeo may represent a shift in class damages analysis, it's unlikely an automotive class action will involve similar facts that would support the use of such statistical evidence. Manufacturer defendants should be able to resort to the same defenses and arguments that have served them well in the past, say David Carpenter and Amanda Waide at Alston & Bird LLP.

  • Why Celebrity Sponsors Aren't Liable For False Advertising

    Christina Guerola Sarchio

    The Ninth Circuit’s recent opinion in a case involving a dietary supplement manufacturer and its celebrity spokesperson, former NFL quarterback Joe Theismann, reaffirms a large body of case law suggesting that public figures who simply endorse a product have a viable defense against claims for false advertising, say Christina Guerola Sarchio and Emily Luken at Orrick Herrington & Sutcliffe LLP.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.