Class Action

  • October 21, 2016

    Facebook Calls Class C Stock Suit Doc Bid 'Gamesmanship'

    Facebook Inc. has told the Delaware Chancery Court that shareholders challenging a plan to create a nonvoting class of stock are trying to “invade the attorney-client privilege wholesale” and resorting to “gamesmanship” with their document requests related to the social media giant’s proposed reclassification.

  • October 21, 2016

    Investors Say Calif. Suit Dooms Wells Fargo's Dismissal Bid

    A proposed class of investors suing Wells Fargo over the bank’s alleged mishandling of its residential mortgage-backed securities investments informed a New York federal judge Thursday of a Wednesday order by a California state judge that rejected pleading challenges “identical” to those raised by Wells Fargo in the instant case.

  • October 21, 2016

    Church-Linked Hospitals Urge Justices To Hear ERISA Cases

    Church-affiliated hospital networks in New Jersey and Illinois once again urged the U.S. Supreme Court this week to weigh in on whether employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, citing the potential for dire financial impacts from recent circuit court decisions.

  • October 21, 2016

    TD Ameritrade Ditches Securities Suit At 11th Circ.

    The Eleventh Circuit on Friday nixed a securities suit alleging TD Ameritrade Inc. aided in a Ponzi scheme perpetrated by a convicted fraudster, upholding a lower court’s ruling that TD’s role as the custodian of transactions was not enough to allege it knew of, controlled or materially aided the fraud.

  • October 21, 2016

    HSBC Hong Kong Wins Bid To Exit Calif. Ponzi Scheme Suit

    A California federal judge on Friday allowed HSBC Hong Kong to exit a proposed class action in which victims of a Ponzi scheme alleged the bank aided the fraud by holding deposits linked to the scheme, saying the court has no personal jurisdiction over the bank.

  • October 21, 2016

    $5.2B Talen Energy Buyout Sparks Del. Investor Suit

    Public stockholders of Talen Energy Corp. opened a proposed class challenge Friday to the power producer's $5.2 billion sale to Riverstone Holdings LLC, saying the proposed buyout price is unfair in light of Talen's true value.

  • October 21, 2016

    Constangy Seeks To Withdraw From Farm Workers' Bias Suit

    Constangy Brooks Smith & Prophete LLP asked a Florida federal court Friday to let it withdraw, on the eve of trial, from representing a blueberry farm in a national origin discrimination lawsuit brought against it by a class of Haitian workers, citing a recently discovered conflict of interest.

  • October 21, 2016

    Union Says US Airways Merger Claims Can't Get Off Ground

    A union that represents American Airlines pilots urged a D.C. federal court on Friday to dismiss claims that it failed to secure benefits for a group of pilots absorbed in American’s 2013 merger with US Airways, saying those claims belong in arbitration.

  • October 21, 2016

    PC Richard Moves To Toss Customers' Receipt Suit

    Appliance and electronics retailer P.C. Richard & Son LLC asked a New York federal court Friday to dismiss a proposed class action accusing it of exposing its customers to identity theft and debit card fraud by printing too much card information on receipts, saying the suit doesn’t sketch out a legitimate legal claim.

  • October 21, 2016

    Fannie Mae Isn’t Shielded By FHFA In Privacy Suit, Court Says

    Fannie Mae can’t dodge a possible fine for allegedly invading the privacy of a proposed class of consumers by improperly acquiring their credit reports just because its assets are controlled by the Federal Housing Finance Agency, a Virginia federal judge said Thursday.

  • October 21, 2016

    Vanguard Escapes Investor Suit Over Eagle Rock Deal

    A Texas federal judge on Friday tossed a suit by a proposed class of Eagle Rock Energy Partners LLP shareholders alleging that Vanguard Natural Resources LLC hid a potential debt covenant breach leading up to its $474 million acquisition of Eagle Rock, saying the information was publicly available.

  • October 21, 2016

    Green Card Class Wants Bond Ruling Upheld At High Court

    A green card holder representing a class of noncitizens challenging their detention has urged the Supreme Court to keep intact a Ninth Circuit ruling that certain immigrants are entitled to automatic bond hearings following six months of detention, saying prolonged civil confinement without such hearings violates due process rights.

  • October 21, 2016

    GE’s Danfoss Claims Tossed In Compressor Cartel MDL

    A Michigan federal judge on Friday dismissed the final claims in multidistrict litigation over an alleged conspiracy to fix refrigerant compressor prices, saying that General Electric Co. could not pursue Danfoss because it did not directly purchase compressors from the Danish manufacturer.

  • October 21, 2016

    Rams Say Suit Over LA Move Belongs In Federal Court

    The newly re-christened Los Angeles Rams urged a Missouri federal court not to reconsider keeping a putative class action by disgruntled fans over the team’s move from St. Louis in federal court Friday, slamming the fans’ class makeup theory as “illogical.”

  • October 21, 2016

    FedEx Drivers' $15M Wage Deal Gets Green Light

    An Oregon federal judge signed off Friday on FedEx Ground Package System Inc.'s $15.4 million class settlement with drivers who were allegedly shortchanged on wages, more than two years after the Ninth Circuit found the drivers were misclassified as independent contractors.

  • October 21, 2016

    Pa. Wage Law Bars Payroll Debit Cards, Appeals Court Says

    A Pennsylvania appeals court issued a published decision in a wage class action on Friday agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.

  • October 21, 2016

    Zagg Owes $12M To Shareholders Of Purchased Co., Suit Says

    A representative of the former shareholders of smartphone battery case maker Mophie Inc. filed a proposed class action suit against Zagg Inc. on Friday, saying it hasn’t paid the shareholders $12 million in tax refunds after its $100 million purchase of Mophie earlier this year.

  • October 21, 2016

    Crestview’s $125M Accuride Buy Shorts Investors, Suit Says

    Accuride Corp.’s board undervalued the commercial vehicle parts supply company by taking a $124.5 million buyout offer from private equity firm Crestview Partners without getting other bids, shareholders alleged in Indiana federal court Thursday.

  • October 21, 2016

    Robert Half Sued Over FCRA Violations In Background Checks

    Robert Half International Inc. is facing a proposed class action filed in California federal court on Thursday by an Ohio man who accuses the staffing agency of reporting a false felony conviction to a potential employer before he could contest it, in violation of the Fair Credit Reporting Act.

  • October 21, 2016

    Celebrity Chef, Others Fork Over $1.75M To End Wage Suit

    A group of current and former tipped employees at Scarpetta restaurant in Manhattan urged a New York federal judge Friday to grant preliminary approval to a $1.75 million deal with “Chopped” judge Scott Conant and others, resolving a proposed class and collective action over the Italian eatery’s wage and tip policies.

Expert Analysis

  • Court Shows No Love for Aphrodisiac Class Certification

    Stephen McConnell

    The U.S. District Court for the Southern District of California recently blocked plaintiffs' efforts in Sandoval v. Pharmacare to certify a nationwide class of disappointed users of an herbal supplement. Lack of standing is the key issue in this case, says Stephen McConnell of Reed Smith LLP.

  • Calif. High Court Scrutinizes On-Call Rest Breaks

    Barbara L. Harris Chiang

    The California Supreme Court's decision in Augustus v. ABM Security Services may have a huge impact on how employers handle rest breaks. If the court of appeal’s decision is reversed, employers who have on-call policies, or informal requirements that employees be reachable during breaks, may face substantial liability for past and future practices, say attorneys at Kaufman Dolowich & Voluck LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Defending TCPA Class Actions In The Wake Of Spokeo

    Perrie Weiner

    While the Spokeo decision is still new, cases like Sartin v. EKF Diagnostics have already illustrated how the decision can be added to a class action defendant’s arsenal of defenses used to put a stop to meritless Telephone Consumer Protection Act lawsuits before they get off of the ground, say attorneys with DLA Piper.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Are Class Actions Returning From The Verge Of Extinction?

    Joshua D. Cohen

    The Ninth Circuit recently held in Morris v. Ernst & Young that employment contracts that require employees to waive their rights to bring class actions violate the National Labor Relations Act, and are therefore unenforceable. The Ninth Circuit’s decision and a similar Seventh Circuit decision may provide a potential road map to significantly reduce the widespread use of class action waivers, says Joshua Cohen of Wendel Rosen Black & Dean LLP.

  • Revisiting The Post-Sale Duty To Warn

    Rosario Vignali

    A New York federal judge's recent ruling in the General Motors ignition switch multidistrict litigation is a reminder that a manufacturer’s responsibility does not necessarily end once the product leaves its possession, says Rosario Vignali of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • What To Expect From The Appeal Of FCC's TCPA Order

    Lewis S. Wiener

    The Federal Communications Commission issued a declaratory ruling and order in July 2015, intended to clarify the Telephone Consumer Protection Act, but since then, over a dozen parties have appealed the order. Attorneys from Sutherland Asbill & Brennan LLP explain the key issues that have been brought up at the D.C. Circuit, which will hear oral argument on Wednesday.

  • Biggest Test Yet For Statistical Sampling In FCA Cases

    David L. Scher

    Michaels v. Agape Senior Community is a complicated case that promises the highest-level debate yet about the validity of statistical approaches to False Claims Act claims. The Fourth Circuit’s decision will serve as an early indicator of the vitality of Tyson Foods, which could extend well beyond the Fair Labor Standards Act, say David Scher and Scott Oswald of The Employment Law Group PC.