Class Action

  • July 1, 2015

    Banks Seek Class Cert. In Target Data Breach MDL

    Financial institutions suing Target Corp. in multidistrict litigation over the retailer's massive 2013 data breach urged a Minnesota federal judge on Wednesday to grant them class certification amid a settlement that some apparently are still disputing.

  • July 1, 2015

    Williams Cos. Brass Sued For Snubbing $53B ETE Merger Offer

    An investor in Williams Cos. Inc. launched a class action Wednesday in Delaware Chancery Court, claiming the energy giant brass' resistance to a takeover attempt by Energy Equity Transfer LP’s valued at $53 billion and refusing other ideas would harm shareholders.

  • July 1, 2015

    Disney Cuts Deal With 4,500 Ex-Workers Over Vacation Pay

    A California judge on Wednesday approved a deal by two units of The Walt Disney Co. ending putative class actions alleging 4,500 resort and theme park workers lost out when the companies miscalculated how much vacation pay exiting workers were owed.

  • July 1, 2015

    Class Action Over Failed $2.5B Cooper-Apollo Tie-Up Tossed

    A Delaware federal judge tossed a putative class action surrounding the failed $2.5 billion merger between Cooper Tire & Rubber Co. and Apollo Tyres Ltd. in 2013, ruling Wednesday that suing shareholders hadn’t shown Cooper made false statements about the deal or knowingly engaged in wrongdoing.

  • July 1, 2015

    Top 15 High Court Employment Rulings Of The Past 15 Years

    The U.S. Supreme Court has handed down a bevy of opinions in labor and employment cases since 2000, tackling everything from the nuances of discrimination law to class action requirements to the validity of presidential recess appointments and underscoring the significance of workplace law to the American economy. Here, Law360 ranks the top 15 high court employment decisions from the past 15 years.

  • July 1, 2015

    Pfizer Says Plaintiffs Are Rehashing Nixed Zoloft Testimony

    Pfizer Inc. argued Tuesday that plaintiffs in the federal multidistrict litigation over the antidepressant Zoloft are trying to repackage causation testimony by two experts that was excluded last year as case-specific testimony ahead of bellwether trials scheduled for 2016.

  • July 1, 2015

    Aetna Gets Claims Trimmed From Reimbursement Row

    A New Jersey federal judge on Tuesday dismissed antitrust, Employee Retirement Income Security Act and other claims from a class action accusing Aetna Inc. of using rigged price schedules to underpay for out-of-network services, saying those claims weren't strong enough.

  • July 1, 2015

    Minor Leaguers Say MLB Not Safe From Antitrust Wage Suit

    A minor league baseball player who brought a putative class action accusing Major League Baseball and its clubs of suppressing minor leaguers’ compensation told a California federal court Tuesday that baseball's antitrust exemption does not allow the clubs' collusion to hold down minor league wages. 

  • July 1, 2015

    Braskem Hit With Investor Class Action Over Petrobras Bribes

    Braskem SA's stock price was artificially inflated by bribes paid to Petrobras to ensure cheap raw material prices, investors said in a proposed class action filed Wednesday in New York federal court.

  • July 1, 2015

    Bankers Life Wins Decertification In $16.9M OT Row

    A Washington federal judge on Tuesday decertified a class of more than 1,000 insurance agents working for Bankers Life and Casualty Co. who claimed in a $16.9 million suit that they were actually employees entitled to overtime pay.

  • July 1, 2015

    Moving Fracking Water Not Interstate Commerce, Judge Says

    A Pennsylvania federal judge ruled Tuesday that drivers transporting water for hydraulic fracturing operations are not engaged in interstate commerce and can thus pursue collective actions over unpaid overtime under the Fair Labor Standards Act and Pennsylvania Minimum Wage Act.

  • July 1, 2015

    Fairway Says Investors Misapply Omnicare In IPO Claims

    Fairway Group Holdings Corp. doubled down on its argument that a New York federal court should toss a shareholder suit alleging the private equity-backed grocery chain misled investors before its $159 million initial public offering, saying the investors misapplied the Supreme Court Omnicare test on Tuesday.

  • July 1, 2015

    Oilfield Services Co. To Pay $120M To End Investor Fraud Row

    Oilfield services company Weatherford International Ltd. will pay $120 million to settle a securities class action alleging it misled investors about its financial condition leading up to a 2012 disclosure that it had overstated earnings and done the arithmetic wrong on its taxes, according to a proposed deal revealed Wednesday.

  • July 1, 2015

    Austrian Court Punts On Facebook Privacy Class Action

    A court in Vienna ruled Wednesday that it lacks jurisdiction over an Austrian privacy advocate’s suit accusing Facebook Inc. of violating European users’ privacy with policies that allow for governmental spying, according to the plaintiff.

  • July 1, 2015

    Kenneth Cole Accused Of Deceptive Outlet Discounts

    Kenneth Cole Productions Inc. was hit with a putative class action on Tuesday in New York federal court that alleges the fashion retailer deceived shoppers by inflating its original prices that are paired with seemingly steep discount prices on items sold at its exclusive outlet stores.

  • July 1, 2015

    Ex-Sony Employees Seek Class Cert. In 'Interview' Row

    Former Sony Pictures Entertainment Inc. employees sought class certification Tuesday in their California federal suit claiming its negligence caused a massive data breach, purportedly carried out by North Korean hackers in retaliation for a movie in which Kim Jong Un is assassinated.

  • July 1, 2015

    Skechers Gets Toning Sneaker Suit Tossed As Time-Barred

    A Kentucky federal judge on Wednesday dismissed a Louisiana woman’s suit claiming Skechers USA Inc.’s Shape-ups toning shoes caused an injury to her leg, agreeing with the sneaker company that it was past the state’s statute of limitations.

  • July 1, 2015

    ICE Pledge Ends Injunction On Deterrence-Based Detentions

    A D.C. federal judge has dissolved an order that barred the federal government from detaining asylum-seeking families as a way to deter others from coming to the U.S., a month after U.S. Immigration and Customs Enforcement pledged to stop using deterrence as a factor in certain custody decisions.

  • July 1, 2015

    Puerto Rico Says It Wasn't Given Fair Shot In Pollution Suit

    The Commonwealth of Puerto Rico on Tuesday asked a New York federal judge overseeing multidistrict litigation alleging Shell Oil Co. and others polluted its groundwater with a gasoline additive methyl tertiary-butyl ether to reconsider dropping strict liability and negligence claims.

  • July 1, 2015

    Fort Worth Pulls Opposition To Chesapeake Royalty MDL

    Less than a month after asking the Texas Supreme Court to remove it from multidistrict litigation in a royalty suit against Chesapeake Energy Corp. over oil and gas proceeds, the City of Fort Worth withdrew its petition Tuesday.

Expert Analysis

  • Using Big Data In Gathering Expert Testimony

    Mike DeCesaris

    In high-stakes litigation, the role of data in supporting expert testimony is growing rapidly at a time when there has been an explosion in the number of database platforms and software tools. Given that expert discovery timelines have not expanded to reflect this increased size and complexity, these trends have important implications for required computing resources and expertise, says Mike DeCesaris of Cornerstone Research Inc.

  • Can Consumer Privacy Slow The Rise Of TCPA Class Actions?

    Heather Cantua

    Given recent case law, perhaps some courts are placing a higher value on customer privacy than on runaway Telephone Consumer Protection Act class actions. Regardless, if phone carriers continue to succeed in withholding customer information, then the impact on plaintiff efforts to ascertain and certify TCPA cellphone classes could be significant, say attorneys at Reed Smith LLP.

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)

  • Coupon Sales Tax Rules Create Thorny Compliance Problems

    Adam P. Beckerink

    The crux of the issue in Wong v. Whole Foods Market Group Inc. and similar cases around the country is whether, when a customer uses a coupon, sales tax should be collected on the full retail price or the discounted price. The 44 states, plus the District of Columbia, that levy sales taxes deal with this issue differently, resulting in a Herculean compliance task for multistate businesses, say attorneys with Reed Smith LLP.

  • Madden Has Far-Reaching Implications For Loan Investors

    Scott A. Cammarn

    The Second Circuit's recent decision in Madden v. Midland Funding LLC calls into question the enforceability of bank- and thrift-originated loans that have subsequently been assigned to nonbank entities such as hedge funds, securitization vehicles, whole-loan purchasers and other investors, say Scott Cammarn and Nathan Bull of Cadwalader Wickersham & Taft LLP.

  • Philly Points To Standing When Fighting Class Actions

    Angelo A. Stio III

    The Philadelphia Court of Common Pleas' ruling in Baum v. Keystone Mercy Health Plan reinforces the case that a lack of standing is a powerful defense for companies facing data breach-related class actions. Baum also recognizes that lack of standing can be asserted at the certification stage when the purported class representative cannot demonstrate that he or she suffered injury or harm, say attorneys at Pepper Hamilton LLP.

  • Uniforms And Unpaid Interns And Minimum Wage! Oh, My!

    Michael J. Puma

    Three hot topics in wage-and-hour law for employers today are uniform policies, unpaid internships and minimum wage requirements. With pressure from media coverage, political and social justice organizations and plaintiffs’ counsel, employers should adopt certain best practices to avoid liability and reduce the risk of class action litigation, say attorneys at Morgan Lewis & Bockius LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • NJ Has The Backs Of Chiropractors In Class Action

    James J. Ferrelli

    The recent granting of class certification by the District of New Jersey to participating and nonparticipating chiropractors in DeMaria v. Horizon Healthcare Inc. offers a blueprint to class action certification for health care providers seeking to challenge health insurer policies that may systematically deny or reduce benefits paid, says James Ferrelli of Duane Morris LLP.

  • 9 Reasons Class Counsel Get Their Fee Requests Denied

    Peter E. Masaitis

    What do Scrooge McDuck, Montgomery Burns and plaintiff class action attorneys have in common? They can sometimes be a tad greedy. When counsel appear to be putting their own interest in collecting a large fee award in front of the interests of class members, courts are likely to say try again. Several recent examples highlight the top reasons why courts are likely to reject a proposed settlement, says Peter Masaitis of Alston & Bird LLP.