Class Action

  • May 4, 2015

    Welfare Benefit Plan Co. Wants Calif. Tax Suit Axed

    Nova Benefit Plans LLC on Monday urged a California federal judge to dismiss it from a proposed class action rooted in tax liabilities and penalties imposed on enrollees in a sickness, accident and disability indemnity trust plan offered by the company.

  • May 4, 2015

    Atty Says Signal's Cross-Claims Barred In Trafficking Suits

    An immigration lawyer whose firm was implicated along with Signal International LLC in a human trafficking scheme asked a Louisiana federal judge Monday to dismiss fraud-related claims the shipbuilder has levied against him, arguing the allegations have already been decided.

  • May 4, 2015

    Bayer Wants Out Of One-A-Day Labeling Class Action

    Bayer AG told a California federal court Monday that it should toss a proposed class action against it over the labeling on its One-A-Day vitamins, arguing that the plaintiffs had not shown that it had made any impermissible "disease-prevention" claims on the products. 

  • May 4, 2015

    2 Figures Are No-Shows In NJ Bridge Closing Suit

    Two figures engulfed in criminal charges from the George Washington Bridge scandal have failed to defend themselves against consolidated putative class actions claiming the September 2013 closure of access lanes to the bridge and resulting traffic congestion trampled the plaintiffs' constitutional rights, according to a court entry Monday.

  • May 4, 2015

    Calif. Appeals Court Upholds Info Collection By Online Stores

    A California appeals court on Monday upheld a lower court’s ruling that freed an alcohol retailer from a proposed class action accusing it of improperly recording personal information during an online credit card transaction for the in-store pickup of merchandise.

  • May 4, 2015

    Judge Trims Claims In Sprawling Auto Price Antitrust MDL

    A Michigan federal judge on Friday trimmed various lawsuits brought by automobile dealerships and car buyers as part of sprawling multidistrict litigation over an alleged conspiracy among manufacturers to rig bids and fix the prices of auto parts.

  • May 4, 2015

    Local Carriers Want To Toss Verizon, Sprint Overbilling MDL

    A group of local exchange carriers urged a Texas federal judge Friday to toss Sprint Communications Co. and Verizon Communications Inc. suits alleging overbilling for wireless callers accessing local telephone exchanges.

  • May 4, 2015

    Blue Cross Data Breach Class Pushes To Return To State Court

    Blue Cross of California customers who allege the health insurer’s shoddy data security left millions of Social Security numbers exposed urged a California federal judge Monday to send their putative class action back to state court, saying federal courts don’t have jurisdiction because they’re not seeking money damages.

  • May 4, 2015

    Costco Hit With 2 Junk Fax TCPA Class Actions

    Costco Wholesale Corp. was hit with two proposed class actions alleging that the retailer sent unsolicited fax advertisements, in violation of the Telephone Consumer Protection Act.

  • May 4, 2015

    Blue Cross Wants Carlton Fields DQ'd For Work On MDL

    Blue Cross Blue Shield of Tennessee Inc. told a Tennessee federal judge on Friday that Carlton Fields Jorden Burt should be disqualified from representing an insurance company in its suit against the health insurance provider because the firm received confidential information while representing another regional plan in another case.

  • May 4, 2015

    TCPA Class Actions Against Cruise Co. Seek Consolidation

    Class action plaintiffs alleging the travel company behind Holiday Cruise Line illegally called or texted advertisements in violation of the Telephone Consumer Protection Act, asked the U.S. Judicial Panel on Multidistrict Litigation Friday to consolidate their four cases in Florida.

  • May 4, 2015

    EBay Ducks Proposed Class Action Over Data Breach

    A Louisiana federal judge on Monday tossed a proposed class action against eBay Inc. over a data breach last year believed to have compromised millions of users' personal information, saying that the plaintiff wasn’t facing a certainly impending risk of identity theft.

  • May 4, 2015

    DHS Pushes For Reconsideration Of Detention Injunction

    The U.S. Department of Homeland Security on Friday doubled down on its request that a D.C. judge rethink his decision barring the detainment of Central American families seeking asylum as a method of deterring immigration, arguing the plaintiffs never asked for the specific injunction they were granted.

  • May 4, 2015

    High Court Urged To Snub SuperValu, C&S Antitrust Petition

    D&G Inc. has urged the U.S. Supreme Court not to take up a petition by SuperValu Inc. and C&S Wholesale Grocers Inc. seeking to escape its antitrust class action, arguing that it's unnecessary for the high court to provide its take on how antitrust laws apply to an acquisition agreement that bars a seller from competing in its former market for a specified period.

  • May 4, 2015

    Cintas Asks Court To Punish EEOC For Silence On Bias Class

    Cintas Corp. on Friday urged a Michigan federal judge to hold the U.S. Equal Employment Opportunity Commission in contempt in a sex-bias suit, saying that despite orders the workplace discrimination watchdog still hasn’t revealed the identities of the job applicants for whom it will seek monetary relief at trial.

  • May 4, 2015

    10th Circ. Says Insurer Needn't Cover $1.3M Junk Fax Deal

    Emcasco Insurance Co. isn't obligated to cover a $1.3 million settlement between Custom Mechanical Equipment Inc. and plaintiffs who accused the company of sending unsolicited junk faxes because the underlying claims fall under an exclusion in Emcasco’s policy, the Tenth Circuit affirmed Monday.

  • May 4, 2015

    JPMorgan Under Fire For FX Dividend Conversions

    JPMorgan Chase Bank NA was hit with a putative class action in Arkansas federal court Friday accusing it of systematically deducting undisclosed charges from dividends and cash distributions from foreign companies owed to American depositary receipt holders.

  • May 4, 2015

    Genworth Still Facing Investors' Class Claims Of Deception

    A Virginia federal judge allowed several assertions to move forward in a proposed consolidated class action accusing Genworth Financial Inc. and its senior executives of misleading investors over the health of its reserves in the company’s “core business” of long-term care insurance but trimmed some other claims Friday.

  • May 4, 2015

    Steak 'N Shake Workers Sue Over Forced Nontipped Work

    Employees of Steak ‘n Shake Operations Inc. on Friday filed a putative class action in Florida federal court, accusing the company of failing to pay wait staff minimum wage while forcing them to perform tasks for which they were not tipped.

  • May 4, 2015

    DOJ Wants 9th Circ. To Rule On Attys For Immigrant Minors

    The Ninth Circuit, not a federal district court, should decide whether the U.S. Constitution requires that the government pay for lawyers to represent immigrant children facing removal proceedings, the U.S. Department of Justice argued Friday.

Expert Analysis

  • Mach Mining Is More Than Meets The Eye For Employers

    Shaleen D. Brewer

    While at first blush the U.S. Supreme Court's decision in Mach Mining LLC v. U.S. Equal Employment Opportunity Commission appears to be a victory for employers and a blow to the EEOC's ostensibly limitless power to bring suit to remedy alleged discriminatory practices, the scope of the court’s judicial review is limited, says Shaleen Brewer of Buchalter Nemer PC.

  • Lessons From The Target Data Breach Settlement

    Stephen Rossi

    In the case of Target’s Corp.'s data breach, at least 40 million customers’ credit and debit card numbers were stolen, and the personal information of as many as 110 million people was compromised. But the recent $10 million settlement equates to less than 10 cents per victim. The practical problem with consumer data breach class actions is that most consumers do not suffer large injuries, says Stephen Rossi of Irell & Manella LLP.

  • High Court Opens Door To Greater State Role In Energy

    Jonathan M. Grossman

    As a result of the U.S. Supreme Court’s ruling in Oneok v. Learjet, wide swaths of conduct continue to be subject to both state energy regulations and generally applicable state laws, including state antitrust laws. It may also subject conduct otherwise permitted by the Federal Energy Regulatory Commission to civil liability, say Jonathan Grossman and Thomas Ingalls of Cozen O'Connor.

  • Are Event Studies In Securities Litigation Reliable?

    Kevin M. LaCroix

    Because price impact evidence can be relevant to multiple issues in a securities case beyond just the question of class certification, the defects with the way event studies are used in securities litigation can affect a number of issues and determinations, says Kevin LaCroix of RT ProExec.

  • How 'Common Carrier' Defense Applies To TCPA Class Actions

    Ana Tagvoryan

    Courts have analogized the Telephone Consumer Protection Act's common carrier exemption in the fax context to the phone call and text message context, opining that common carriers act as passive middlemen for the creators of the messages. But courts have never applied the theory to support summary judgment in a call or text message case — until now, say attorneys at Blank Rome LLP.

  • 3 Ways Internet Of Things Will Impact Product Liability

    H. Michael O’Brien

    There are at least three areas of vulnerability for consumers and businesses regarding Internet of Things-enabled devices. If widespread within a product line, these types of problems could lead to product liability lawsuits and class action litigation, says Michael O’Brien of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Satisfaction Of A Refund, Or Your Class Action Back

    James P. Muehlberger

    Whether a company’s refund policy is widely used or largely ignored by consumers, or only affects named plaintiffs, it can be a valuable tool for combating class actions. Defendants have successfully used refunds to argue that named plaintiffs lack standing, are not adequately protecting class interests, and that class actions are not the superior method for resolving disputes, say attorneys with Shook Hardy & Bacon LLP.

  • How The Defense Can Win Verdicts And Influence Juries

    Katherine A. Lawler

    Although he wasn't a trial attorney, Dale Carnegie knew a thing or two about persuasive speaking. As litigators, much of our communication tends to be persuasive, but never more so than in a jury trial. There, the rule of thumb should be to "tell the audience what you're going to say, say it, then tell them what you've said," says Katherine Lawler of Miles & Stockbridge PC.

  • High Court Will Clarify Standing Issues In Class Actions

    Gregory Beaman

    The U.S. Supreme Court just agreed to grant certiorari review of the Ninth Circuit's controversial decision in Robins v. Spokeo Inc. and thus take up the question of whether a private plaintiff may sue a company for alleged violations of a federal statute, even though he did not suffer any actual, concrete injury. The importance of this question cannot be overstated, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • TCPA Opt-Out Notices Seem To Be In With The FCC

    Lawren A. Zann

    The Federal Communications Commission noted two factors in granting retroactive waivers to the Telephone Consumer Protection Act: the inconsistent language in its "Junk Fax Order" footnote and the lack of explicit notice for the new opt-out notice requirement on fax advertisements transmitted with the prior express permission of the recipient, says Lawren Zann of Greenspoon Marder Law.