Class Action

  • December 2, 2016

    Deutsche Bank Settles For $60M In Gold Price-Fixing MDL

    Deutsche Bank AG has agreed to pay $60 million to end claims that it engaged in illegal price-fixing of the gold market, according to a deal filed in New York federal court on Friday, marking an “ice breaker” settlement in the multidistrict litigation against other big banks.

  • December 2, 2016

    Huge Verdicts Won't Spur Settlement Talks In J&J Hip MDL

    Although a Texas federal jury hit Johnson & Johnson with a more than $1 billion verdict in the latest bellwether trial over the company's Pinnacle hip implants, fruitful settlement talks aren’t likely to happen before the Fifth Circuit weighs in on J&J’s lengthy list of complaints about trial rulings, MDL experts say.

  • December 2, 2016

    $1B REIT Ponzi Suit Belongs In Chancery Under CAFA: Judge

    A Delaware federal judge on Friday kicked back to Chancery Court a proposed class action alleging a group of real estate funds and related entities operated a billion-dollar "Ponzi-like" scheme, in what both sides’ attorneys agree could be a first-of-its-kind ruling. 

  • December 2, 2016

    VW Slams FTC On Claim Witness 'Unprepared' For Testimony

    Volkswagen shot back in California federal court on Thursday at the FTC's bid for more time deposing a VW witness in the carmaker’s diesel emissions multidistrict litigation, saying the agency is using the “unprepared witness” excuse as a tool to get its hands on sensitive information.

  • December 2, 2016

    NHL Answers Players’ Amended Concussion Complaint

    The National Hockey League responded Thursday to a player concussion suit in Minnesota federal court alleging the NHL hid the harmful effects of repeated head injuries, raising a total of 26 possible defenses the league may raise in response to the former players’ claims.

  • December 2, 2016

    Wal-Mart To Pay $7.5M Over Same-Sex Spousal Benefits

    Wal-Mart Stores Inc. has entered a $7.5 million settlement with as many as a few thousand workers who were unable to get health care coverage for their same-sex spouses, according to a proposed agreement filed in Massachusetts federal court on Friday.

  • December 2, 2016

    BMW Can't Escape Engine Defect Class Action

    A New Jersey federal judge on Thursday rejected a bid by BMW North America to escape proposed class claims that it fraudulently concealed engine defects which shortened certain vehicles’ battery life and caused increased oil consumption.

  • December 2, 2016

    Justices Will Hear Religious Hospitals' ERISA Appeal

    The U.S. Supreme Court on Friday agreed to review federal appellate court decisions that church-affiliated hospitals aren’t exempt from the Employee Retirement Income Security Act, a stance opposed by health networks in New Jersey, Illinois and California that fear the potential for dire financial impacts.

  • December 2, 2016

    NY Judge Approves Barrick Gold's $140M Class Settlement

    A New York federal judge on Friday approved Barrick Gold Corp.'s $140 million settlement with a class of investors over environmental issues surrounding a South American gold mine.

  • December 2, 2016

    No Snags In Sight For P&G Deal Over Toilet-Clogging Wipes

    A California judge indicated Friday she'll likely OK the deal proposed by Procter & Gamble Co. and Nehemiah Manufacturing Co. to pay up to $50 per household to settle class allegations it falsely marketed its disposable hygiene wipes as “flushable," saying the settlement needs only minor revisions for final approval.

  • December 2, 2016

    Ex-Rockstar Energy Rep Claims Workers Wrongly Classified

    Energy drink giant Rockstar Inc. is facing a putative class action filed in California Superior Court by an ex-sales representative, who claims the company misclassified certain workers as exempt employees, leading those workers to be denied overtime and meal breaks in violation of state labor law.

  • December 2, 2016

    Mazda 3 Buyers' Faulty Clutch Class Action Motors On

    A California federal judge indicated Friday she will likely refuse Mazda's bid to toss a putative class action brought by Mazda 3 buyers who allege their new cars had defective clutches, saying that while some claims need to be "beefed up," she's not inclined to nix them all.

  • December 2, 2016

    Chancery Throws Out BNY Mellon Forex Derivative Suits

    A Delaware Chancery judge, in two opinions made public Friday, threw out derivative claims over Bank of New York Mellon Corp.’s handling of foreign exchange transactions, ruling that shareholders hadn't shown the board acted improperly in deciding not to sue top executives based on their claims.

  • December 2, 2016

    Spokeo Split: How High Court's Ruling Is Being Interpreted

    The U.S. Supreme Court's landmark ruling in Spokeo v. Robins that plaintiffs must allege concrete harm to bring statutory privacy claims has wreaked havoc on the lower courts over the last six months, producing divergent decisions in cases with similar fact patterns and building up to what many attorneys predict will be another high court showdown before a newly configured bench of justices.

  • December 2, 2016

    Atty Who Attacked Opponent Hasn’t Withdrawn, Victim Says

    A Missouri plaintiffs lawyer who attacked an opposing counsel at a deposition and later told a federal judge he’d pull out of all cases involving his victim is the target of a series of recent disqualification motions in a Missouri federal court, the latest coming Thursday.

  • December 2, 2016

    Mophie Smartphone Case Maker Hit With Battery Damage Suit

    A proposed class of Mophie Inc. customers suing the smartphone battery case maker for more than $5 million told a California federal judge on Thursday the company falsely advertises its iPhone 6 battery cases as extending battery life, saying the product actually causes internal damage to users’ phones.

  • December 2, 2016

    Spokeo Points 9th Circ. To Sister Courts' Denials

    Spokeo Inc. on Thursday stepped up its bid to shut down a putative Fair Credit Reporting Act class action that the U.S. Supreme Court had sent back to the Ninth Circuit following a landmark May decision, pointing to several decisions issued by other appellate courts since the remand that have rejected similar statutory privacy claims.

  • December 2, 2016

    Investors Accuse Pa. Cemetery Co. Of Ponzi Scheme

    StoneMor Partners LP, the second-largest provider of cemetery and funeral products and services in the U.S., has taken $508 million from investors since it went public in 2007 to fuel a Ponzi scheme that collapsed last month, investors said in a proposed class action filed Thursday in Pennsylvania federal court.

  • December 2, 2016

    Tuesday Morning To Pay $750K To Settle Rest Break Suit

    A group of Tuesday Morning Inc. employees who said that the discount retailer denied them breaks, in violation of California law, asked a federal court on Thursday to approve a settlement agreement for $749,500, a fraction of the damages they originally sought.

  • December 2, 2016

    Warriors Fans Fight To Keep App-Spying Suit Alive

    Golden State Warriors fans who claim they were spied on by the team's app insisted on Thursday that their suit depicts a concrete harm, even under the restrictions outlined by the Supreme Court in Spokeo.

Expert Analysis

  • Making 'Made in USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Judge Cries Foul On MLB Protective Netting Class Action

    Steve Cernak

    Unfortunately for the plaintiffs, because they failed to show that there was a credible or immediate threat that they would be struck by a foul ball while attending a future MLB game, the court dismissed their allegations on Article III standing grounds, and therefore avoided the thornier issues regarding the continuing applicability of the Baseball Rule to the modern sport of baseball, say Steve Cernak and Matthew Kennison of Schiff Hardin LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • How CFPB Plans To Regulate Certain Cellphone Carriers

    Brian T. Casey

    Mobile phone carriers that engage in third-party billing services may soon be considered to be providing products covered by the Consumer Financial Protection Bureau. This proposed change represents a number of major issues for the mobile phone industry and possibly the service contract and insurance industries, say Brian Casey and Aaron Igdalsky of Locke Lord LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Sugar Industry Documents May Impact Litigation

    Heather Counts

    Litigation targeting products that contain added sugar is on the rise, and plaintiffs attorneys are expanding their playbook. Public health researchers are analyzing internal sugar industry documents for evidence of attempts to influence policy and more. With researchers turning their focus to sugar, food and beverage makers should be on high alert, say Heather Counts, Liz Blackwell and Sue Werstak of Thompson Coburn LLP.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • Plumlee V. Pfizer: Don’t Underestimate Statute Of Limitations

    Steven Boranian

    In an opinion that the Ninth Circuit filed recently in a prescription antidepressant class action, the court held that California’s discovery rule did not extend the plaintiff’s time to sue. A closer look at the case reveals how a lack of diligence can doom a lawsuit when the clock is ticking, says Steven Boranian of Reed Smith LLP.