Class Action

  • September 23, 2016

    Wells Fargo Hit With $2.6B Suit Over Scam-Related Firings

    Wells Fargo was slapped with a $2.6 billion putative class action in Los Angeles County Superior Court Thursday on behalf of the bank’s California workers who were allegedly fired or demoted for refusing to participate in the company’s recently revealed unauthorized account scam.

  • September 23, 2016

    Tesla Investors May Get Chance To Halt SolarCity Deal Vote

    A Delaware Chancery judge said Friday he would try to render bench rulings on Tesla Motors Inc. investors’ bids to consolidate and fast-track their challenges to the proposed $2.6 billion acquisition of SolarCity Corp., potentially giving them a chance to halt an upcoming shareholder vote on the deal.

  • September 23, 2016

    2nd Circ. Flubbed 'London Whale' ERISA Suit, Workers Say

    Current and former employees of JPMorgan Chase & Co. on Thursday asked the Second Circuit to rehear their claims that bank insiders could have prevented the $6 billion “London Whale” debacle from hurting their retirement plans, saying that the court misunderstood facts to be legal conclusions.

  • September 23, 2016

    Claims In Fiat Chrysler Car-Hacking Suit Trimmed By Judge

    An Illinois federal judge on Friday kept alive a proposed class action alleging Fiat Chrysler’s automobiles have a defective internet connectivity system that allows hackers to take control of the vehicle, but significantly trimmed the drivers’ claims.

  • September 23, 2016

    Lenovo Says Apple Earbud Win Subverts Adware Class Claims

    Lenovo told a California federal judge Friday that customers who claim they could be harmed in the future by hidden adware preinstalled on their computers don’t qualify for class certification in multidistrict litigation, citing a 2010 Ninth Circuit decision that threw out claims that Apple's iPod headphone carried an undue risk of hearing damage.

  • September 23, 2016

    Takata Didn’t Disclose 2003 Rupture To NHTSA, Report Says

    Takata Corp. withheld information from the National Highway Transportation Safety Administration regarding a 2003 airbag rupture in Switzerland possibly caused by the defect that led to the largest automotive recall campaign in history, a Takata internal investigation released Friday said.

  • September 23, 2016

    Google Blasts Ex-MySpace Owner For ‘Harassing’ Motions

    Google, News Corp. and Ask.com owner Interactive Corp. urged a California federal judge Friday to declare a former MySpace co-owner a vexatious litigant over his pursuit of allegations they depressed MySpace’s price ahead of its 2005 sale, saying he’s filed 16 “really harassing” motions since the court dismissed the claims a year ago.

  • September 23, 2016

    Moot Claims No Reason To Deny Class Cert., 3rd Circ. Says

    A three-judge panel of the Third Circuit tossed two “thoughtful and thorough” opinions from the district court in New Jersey, saying that after the claims of the named plaintiffs in a potential habeas class action involving unauthorized immigrants were mooted, the court was wrong to rule on the merits of the claims and then dismiss the class certification motion as unnecessary.

  • September 23, 2016

    Class Fights To Keep Suit Over SeaWorld Tickets, Plushes

    The consumers in a putative class action suit against SeaWorld Entertainment Inc. hit back against the park's motion to dismiss their claims that they had been duped into buying tickets and plush dolls, telling a California federal court the park is rehashing arguments it has already lost.

  • September 23, 2016

    2nd Circ. Won't Revive High-Speed Trading Cases

    A Second Circuit panel Friday declined a trader’s bid to revive proposed class actions accusing the New York Stock Exchange, Nasdaq and others of breaching contracts with investors by giving high-frequency traders early access to market data, saying the claims are preempted.

  • September 23, 2016

    Lyft Drivers Fight Bid To Toss Premium Fare Surcharge Suit

    A proposed class of Lyft Inc. drivers accusing the company of imposing surcharges on certain fares urged a California federal judge on Thursday to deny the company’s bid to duck the lawsuit, saying their case is unique from one resolved by a recent $27 million settlement.

  • September 23, 2016

    High Court Urged To Hear Google, Viacom Child Privacy Row

    The U.S. Supreme Court has been asked to weigh in on whether Google and Viacom violated the Video Privacy Protection Act and other federal statutes by allegedly tracking children's internet and video-viewing activities, with petitioners claiming that a recent Third Circuit opinion "would eviscerate wiretap protections for internet communications."

  • September 23, 2016

    NY AG Settles Trump Hotel Data Breach Probe

    Republican presidential nominee Donald Trump’s hotel company has agreed to pay $50,000 in penalties and to shore up its data security practices after authorities determined that hackers stole credit card information from its customers, according to the New York Attorney General.

  • September 23, 2016

    Mosaic Negligent In Fla. Chemical Plant Leak, Residents Say

    Central Florida residents slapped the Mosaic Company Thursday with a putative class action in federal court, accusing the company of gross negligence in its handling of a leak at a phosphorous plant they say dumped 215 million gallons of radioactive wastewater into the groundwater supply.

  • September 23, 2016

    Apple Hit With Class Action Over Alleged Mac Pro Defects

    Apple Inc. on Thursday was slapped with a proposed class action in California state court alleging that its 2013 line of Mac Pro computers contain defective components that cause them to freeze, crash and eventually render them useless.

  • September 23, 2016

    Randstad’s $6M Wage Deal Slowed By Failure To Notify AG

    A California federal judge said Friday a $6.4 million wage-and-hour class settlement between staffing firm Randstad and nearly 28,000 temporary workers was in good shape, but said final approval could experience “considerable delay” because the parties had not yet notified the state attorney general, as required by law.

  • September 23, 2016

    Converse Workers Win Cert. In Calif. Bag Check Wage Row

    A California federal judge on Thursday certified a class of state-based Converse Inc. workers who alleged they were not paid for the time spent going through mandatory bag checks, saying the wage-and-hour claims shared common factors worthy of classwide adjudication.

  • September 23, 2016

    Wendy's Can't Exit Data Breach Suit, Financial Institutions Say

    A crew of financial institutions led by First Choice Federal Credit Union told a Pennsylvania federal judge Thursday that Wendy’s can’t escape a proposed class action seeking reimbursements for costs sustained after customer payment data was stolen from the fast-food giant, saying Wendy’s can’t blame hackers for not properly securing its card data.

  • September 23, 2016

    Turtles' Lawyers Denied Cut of $210M Sirius XM Settlement

    A California federal judge on Friday refused to give attorneys for 1960s rock band The Turtles a cut of a $210 million settlement inked between Sirius XM Radio Inc. and the major record labels over so-called pre-1972 recordings, saying he had no power to do so.

  • September 23, 2016

    Madoff Feeder Fund Managers Escape Investor Class Action

    A New York federal judge has rejected a class action brought by investors in two funds that funneled billions of dollars into Bernie Madoff’s fraudulent securities firm, clearing two hedge funds that managed the funds of liability for not detecting the Ponzi scheme before it was exposed in 2008.

Expert Analysis

  • Avoiding And Defending Automatic-Renewal Claims In Calif.

    James G. Snell

    While enacted to target fly-by-night and illicit business models, California’s automatic purchase renewals statute has been exploited in recent years. Businesses should revisit their disclosures to minimize the likelihood they will be targeted in class action litigation involving auto-renewal claims, say James Snell and Marina Gatto of Perkins Coie LLP.

  • The Yates Memo And Parallel Products Liability Litigation

    Geoffrey M. Drake

    There has been little discussion of the potential impact of the Yates Memo on parallel civil litigation — particularly product liability and other types of mass tort litigation — or of the reactionary measures that companies and their executives and other employees may be taking in response, says Geoffrey Drake of King & Spalding LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • The Return Of Evaporated Cane Juice Class Action Claims

    Stephen R. Freeland

    The Ninth Circuit's decision in Kane v. Chobani earlier this year was viewed as a temporary breather for food companies facing class actions challenging the use of "evaporated cane juice." But a California federal court's recent decision in Swearingen v. Santa Cruz Natural may signal a revival of cases involving such claims, says Stephen Freeland of Venable LLP.

  • Have Alien Tort Statute Claims Run Their Course?

    William E. Thomson

    In a decision having significant implications for application of the Alien Tort Statute, the U.S. Supreme Court denied certiorari in Ntsebeza v. Ford. The denial leaves in place a Second Circuit decision that reaffirmed the limited scope of actions under the statute, say attorneys at Gibson Dunn & Crutcher LLP.

  • A Circuit Split Emerges As Lower Courts Weigh In On Spokeo

    David J. Lender

    Recent decisions by the Sixth, Eighth, Eleventh and D.C. Circuits interpreting Spokeo have led to conflicting interpretations of whether a violation of a right created by Congress, without more, could be sufficient for Article III standing. Because this issue impacts so many areas of law, many pending and new cases will be substantially impacted by the lower courts' decisions, say attorneys at Weil Gotshal & Manges LLP.

  • How You Might Be Overpaying Your Employees

    Hyowook Chiang

    Calculations of regular rate of pay vary significantly from employer to employer, with differences in which earning types are included in the calculation. However, depending on the method used, some employers may find their pay practices are more employee-friendly than required by the Fair Labor Standards Act and state laws, says Hyowook Chiang of Welch Consulting.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • A Road Map For Future Food And Ag Antitrust Litigation

    Christopher E. Ondeck

    A recent string of opinions issued by a Pennsylvania federal court in Processed Egg Products Antitrust Litigation likely will shape the course of antitrust litigation in food and agriculture for years to come. The rulings provide unique insight about how companies can defend against claims that they were part of a conspiracy to reduce the supply of their products, say Chris Ondeck and Adrian Fontecilla of Proskauer Rose LLP.

  • Manufacturing Mishaps Don't Make For Plaintiff Paydays

    Carolyn R. Davis

    An Oregon federal court's decision in Hamilton v. General Mills rightfully curbed yet another class action effort to capitalize on an isolated manufacturing error. As in a similar California action, the court rightfully rejected the plaintiff's argument as a creative effort to paint General Mills’ accidental mislabeling incident as a fraudulent or deceptive scheme, says Carolyn Davis of Weil Gotshal & Manges LLP.