Class Action

  • July 22, 2016

    Church-Linked Hospital Takes ERISA Rules To High Court

    A church-affiliated hospital in New Jersey has urged the U.S. Supreme Court to rule that employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, challenging a circuit ruling that the exemption only applies to plans established by churches.

  • July 22, 2016

    NBTY Vitamins Falsely Labeled 'Made In USA,' Consumer Says

    A proposed class of consumers told a Florida federal judge Friday that vitamin manufacturer NBTY Inc. deceptively labels its products as "Made in the U.S.A." even though they contain ingredients sourced from other countries.

  • July 22, 2016

    McDonald's To Appeal Class Cert. To 9th Circ. In Wage Suit

    McDonald's wants the Ninth Circuit to review the recent class certification of a group of employees suing for fair wages and overtime compensation, arguing Thursday that the lower court was "manifestly erroneous" in relying on fatally dissimilar evidence of the mental states of more than 800 class members when it made its decision.

  • July 22, 2016

    Lufthansa Wants Wis. Atty Sanctioned For Lengthy Complaint

    German airline Lufthansa moved for sanctions Thursday against a Wisconsin-based attorney who filed a putative class action over delayed flights, arguing that the attorney's complaint is long, meandering and gets fundamental facts wrong.

  • July 22, 2016

    Minor Leaguers' Class Decertified In MLB Wage Suit

    A California federal judge on Thursday decertified a class of Minor League Baseball players in a wage-and-hour suit, dealing a major setback to their claims against Major League Baseball and several of its clubs alleging they are not paid for all the work they put in throughout the season and offseason trying to make the big leagues.

  • July 22, 2016

    Advocate Asks Justices To Affirm ERISA Religious Exemption

    Advocate Health Care Network has asked the U.S. Supreme Court to declare that pension plans maintained by church-affiliated organizations should be exempt from the Employee Retirement Income Security Act, which would block a putative class of employees from challenging a noncompliant benefits plan.

  • July 22, 2016

    Attorneys' Fees Nixed In $14B Keurig Acquisition Suit

    A Delaware Chancery judge denied an award of attorneys' fees Friday to the legal team representing shareholders that challenged the $14 billion acquisition of Keurig Green Mountain Inc., saying that the deal disclosures attained by the lawyers weren’t beneficial to the shareholders.

  • July 22, 2016

    Consumer Seeks Sanctions Against Kohl's Attys In TCPA Case

    A Kohl's Department Stores customer who sued the company for allegedly violating the Telephone Consumer Protection Act by means of harassing debt collection calls asked a Florida federal judge Friday to sanction the company and its attorneys for misleading actions regarding depositions.

  • July 22, 2016

    Shell Units Argue Market-Rigging Claims Lack Jurisdiction

    Two Royal Dutch Shell PLC affiliates on Thursday tried to escape allegations of European market manipulation from a proposed class of crude oil derivatives traders, arguing in New York federal court that U.S. courts don’t have jurisdiction over conduct by Shell’s international arm in foreign markets.

  • July 22, 2016

    GM Can Show Seatbelt Evidence At Ignition Switch Trial

    The New York federal judge overseeing General Motors ignition-switch defect multidistrict litigation said Thursday that the automaker can put forth evidence about whether a Virginia woman in an upcoming bellwether trial was using her seatbelt at the time of her accident.

  • July 22, 2016

    Dooney & Bourke Escapes Shoppers' False Ad Suit For Now

    A California federal judge on Friday dismissed a proposed class action accusing fashion accessories retailer Dooney & Bourke Inc. of misleading shoppers with false discount prices at its outlets, concluding that the complaint lacked details regarding the alleged price scheme but granting leave to amend.

  • July 22, 2016

    Immigrant Kids Ask Mediation In Row Over Attys At Hearings

    Lawyers for immigrant children challenging the federal government's position that the youngsters are not entitled to counsel at immigration tribunals asked the Ninth Circuit on Thursday to explore out of court settlements in the class action.

  • July 22, 2016

    Capital One Brass Urge Chancery To Ax Laundering Claims

    Capital One Financial Corp.’s directors urged the Delaware Chancery Court on Friday to throw out derivative claims that the bank holding company had weak internal controls to stop money laundering, arguing the suing shareholder is cherry picking information from compliance reports and is nowhere near alleging bad faith.

  • July 22, 2016

    Kirby McInerney Wins Lead In $551M La Quinta Class Action

    A New York federal judge on Thursday named Kirby McInerney LLP lead counsel in a proposed class action alleging hotel chain La Quinta Holdings Inc., The Blackstone Group LLC and others failed to disclose a downturn in the chain’s financials ahead of the company's $550.8 million secondary public offering.

  • July 22, 2016

    Ex-Dukes Members Push To Keep Wal-Mart Class Claims Alive

    Three women suing Wal-Mart for gender discrimination fought Friday to keep alive claims on behalf of a proposed regional class, insisting their complaint does not suffer from the same defects found by the U.S. Supreme Court in its landmark Dukes decision.

  • July 22, 2016

    Judge OKs $239M Class Settlement Over Faulty Guns

    A Florida federal judge on Friday gave final approval to a $239 million settlement in a class action lawsuit alleging safety defects involving several models of a Brazilian gun manufacturer's pistols, overruling several objections that she said made weak or contradictory arguments.

  • July 22, 2016

    Voxx Dodges Investor Suit Due To Vague Witness Statements

    A New York federal judge on Friday said that confidential witness statements were too vague to prop up a proposed shareholder class action accusing Voxx International Corp. of making overly optimistic statements to investors despite a decline in sales.

  • July 22, 2016

    Trans Union Seeks Decert. Of Suit Over 'Criminal' Tag

    Trans Union LLC cited the U.S. Supreme Court's Spokeo decision in pushing a California federal judge to decertify a class accusing the credit information company of violating the Fair Credit Reporting Act by not allowing consumers to contest criminal and terrorist alerts on reports sent to landlords.

  • July 22, 2016

    Dog Bone Maker Can't Shake Most Of Pet Death Dispute

    A California federal judge on Friday upheld most of a proposed class action accusing Dynamic Pet Products of killing and seriously injuring dogs with chew toys made from easily splintered waste ham bones, trimming only an Oregon consumer protection claim and an implied warranty allegation.

  • July 22, 2016

    NSK To Pay $34.5M To Settle Some Auto Parts MDL Claims

    Japanese bearings company NSK Ltd. on Friday said it will pay $34.5 million to settle charges by some automobile dealers and end buyers over auto parts price fixing, in sprawling multidistrict litigation in a Michigan federal court.

Expert Analysis

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Why EB-5 Investors Are Not Your Typical Clients

     H. Ronald Klasko

    EB-5 is a wonderful program. Unfortunately, a small but increasing number of EB-5 projects have gone awry, leaving investors in a very difficult situation. Ronald Klasko of Klasko Immigration Law Partners LLP addresses issues that receivers and litigators need to understand in order to properly represent the interests of investors.

  • The CFPB's Flawed Case For Banning Class Action Waivers

    Eric J. Mogilnicki

    The Dodd-Frank Act gave the Consumer Financial Protection Bureau the opportunity to think broadly about dispute resolution. Unfortunately, instead it decided to reinstitute a class action regime that its own study indicates poorly serves consumers’ interests, says Eric Mogilnicki, a partner at Covington & Burling LLP.

  • Spotlight Remains On Marketplace Lenders Post-Madden

    Joseph Cioffi

    Following the U.S. Supreme Court’s denial of certiorari in Madden v. Midland Funding, the focus on online marketplace lenders spawned by the Second Circuit’s decision has only intensified. As potential issues crystallize through lawsuits and regulations, the opportunity exists for lenders to adjust their practices and steer away from unintended consequences, say Joseph Cioffi and Massimo Giugliano of Davis & Gilbert LLP.

  • The Importance Of Adequate M&A Disclosures To Stockholders

    Meredith E. Kotler

    By applying the irrebuttable business judgment rule standard to change-of-control transactions approved by a majority of fully informed, uncoerced, disinterested stockholders, the Delaware Chancery Court's analysis in the case of Volcano provides the crucial carrot of claim extinguishment where adequate disclosure is made, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • How To Close A Law Firm — Practically And Ethically

    Janis M. Meyer

    Winding down a law firm is at best stressful, at worst excruciatingly painful, and often carried out as if it were an emergency, rendering the process even more difficult. There are certain common steps that should be on the firm's radar from the moment the decision to dissolve is made, says Janis Meyer, a partner with Hinshaw & Culbertson LLP who helped oversee Dewey & LeBoeuf's 2012 bankruptcy filing and the subsequent wind-down of the firm.

  • When Oil Prices Drop, Make Sure Your Insurance Tank Is Full

    Allen R. Wolff

    Tumult in the energy industry could have long-lasting implications for oil patch companies, especially their officers and directors. As shareholder discontent rises, so will the potential for coverage under directors and officers liability policies, say Allen Wolff and John Leonard at Anderson Kill PC.

  • The Smart Money Is Not Following Traditional Law Firms

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    A recent survey by Deloitte shines a light on where legal delivery is headed. Demand for services is robust, but satisfaction with the incumbent delivery model is low. This disconnect underscores the opportunity for disruption, says Mark A. Cohen, founder of Legal Mosaic LLC.