Class Action

  • June 30, 2016

    SeaWorld Wants Amended Investor Class Action Beached

    SeaWorld asked a California federal court on Wednesday to dismiss the latest complaint from a proposed class of investors accusing the theme park operator of failing to tell shareholders that its drop in attendance had been caused by a 2013 documentary, saying the claim still comes up short in linking the movie to corporate performance.

  • June 30, 2016

    Sen. Chides NHL Commish For 'Dismissive' CTE Comments

    U.S. Sen. Richard Blumenthal is pressing National Hockey League Commissioner Gary Bettman for answers about the league’s stance on concussions, amping up public and political pressure on the sport as it faces sweeping multidistrict litigation over head injuries.

  • June 30, 2016

    Transamerica Settles ERISA Excessive-Fee Suit For $3.8M

    An Iowa federal judge has preliminarily approved a $3.8 million class action settlement in an excessive-fee lawsuit brought against Transamerica Corp. by some of its employees, who claimed the company did not live up to its fiduciary duty with its 401(k) plan.

  • June 30, 2016

    AOL Dropped From $238M Millennial Merger Class Challenge

    AOL Inc. was abruptly dropped Thursday from a shareholder suit alleging financial disclosure violations before the company’s $238 million merger with Millennial Media Inc., after a Delaware vice-chancellor warned he was struggling to see any reason to keep the company in the case.

  • June 30, 2016

    Schlumberger Workers Get Conditional Class Cert. In OT Row

    A federal judge in Texas on Wednesday granted conditional certification to a class of Schlumberger Technology Corporation employees who claimed the oil and gas company failed to pay them overtime, in violation of the Fair Labor Standards Act.

  • June 30, 2016

    Netflix Sued For Rate Hike On 22M 'Grandfathered' Customers

    Netflix Inc. on Wednesday was hit with a proposed class action in California federal court claiming that its plan to raise monthly prices on 22 million “grandfathered” customers goes against the company's alleged promise that they had a lifetime guarantee of being charged $7.99 per month.

  • June 30, 2016

    Chamber Urges Justices To Weigh In On Calif. Securities Suits

    The U.S. Chamber of Commerce and two investment industry groups have urged the Supreme Court to review whether Cyan Inc. shareholders alleging initial public offering misrepresentations can bring claims in California state court, saying federal law bars such securities claims from the state level.

  • June 30, 2016

    Grubhub Hit With Misclassification Suit By Delivery Drivers

    A group of delivery drivers from across the country slapped Grubhub with a proposed class and collective action suit on Tuesday, alleging the online food ordering company stiffed them out of minimum wage and overtime pay by classifying them as independent contractors.

  • June 30, 2016

    Taiwan Auto Parts Co. Reaches Deal In Price-Fixing Row

    Taiwanese auto parts maker Jui Li Enterprise Co. Ltd. agreed to pay $650,000 to end indirect purchasers' claims in in a proposed class action alleging the company and other manufacturers conspired to fix prices of car parts, according to documents filed on Wednesday in Wisconsin federal court.

  • June 30, 2016

    3rd. Circ. Affirms Brother's Win In Printer Cartridge Suit

    The Third Circuit on Wednesday upheld a pretrial judgment victory for Brother International Corp. in a consumer-fraud class suit claiming its printers did not deliver the advertised amount of use from color toner cartridges, finding a lack of evidence.

  • June 30, 2016

    Calif. Solar Co. In Robocall Suit Says It Meant To Call Landlines

    A California solar company on Wednesday urged a federal court to deny class certification in a case accusing the company of making robocalls to more than 220,000 people in violation of the Telephone Consumer Protection Act, arguing that the company didn’t know it was calling cellphones.

  • June 30, 2016

    Timeshare Co. Hit With $5M Deceptive Trade Class Action

    Two California consumers have slapped a $5 million putative class action suit against a Massachusetts-incorporated timeshare company with operations in Florida, saying the company used high-intensity sales tactics and misinformation to pressure them into buying a timeshare contract in its vacation ownership program.

  • June 30, 2016

    RICO Claims Don't Hold Up In Abbott Off-Label Use Suit

    An Illinois federal judge held Wednesday that Racketeer Influenced and Corrupt Organizations Act claims over Abbott Laboratories' alleged off-label promotion of seizure drug Depakote fail because two health benefit plans didn’t show a sufficiently direct link between the company’s misrepresentations and their injuries.

  • June 30, 2016

    Petrobras Asks 2nd Circ. For Stay In Investor Row

    Brazilian oil giant Petrobras asked the Second Circuit on Wednesday to slam the brakes on a rapidly approaching shareholder trial in New York district court, saying an expedited appeal of its challenge to class certification won’t be decided until that trial is over, increasing the pressure to settle the “massive” suit.

  • June 30, 2016

    Affymetrix Investor Settles Suit Over $1.3B Thermo Fisher Sale

    An Affymetrix shareholder will settle proposed class claims alleging the biotech’s $1.3 billion buyout by Thermo Fisher resulted from a curtailed sales process due to a conflict of interest with its financial adviser, Morgan Stanley, according to a letter in California federal court.

  • June 30, 2016

    $7B Visa, MasterCard Antitrust Deal Nixed By 2nd Circ.

    The Second Circuit on Thursday overturned Visa and Mastercard’s $7.25 billion antitrust settlement with retailers over swipe fees, finding that merchants who would accept the cards after the settlement date were not adequately represented.

  • June 29, 2016

    Daikin Nears Nixing Defective Air Conditioner Row, For Now

    A California federal judge on Wednesday tentatively dismissed a putative class action from condo owners claiming air conditioners made by a Daikin unit are defective and require repairs, but indicated she’d grant a fourth chance to make claims based on a warranty the owners only recently obtained.

  • June 29, 2016

    Hawaii Escapes Plavix MDL Discovery Agreement

    Bristol-Myers Squibb Co. and Sanofi-Aventis U.S. LLC on Wednesday were denied a bid to hold Hawaii to a discovery coordination agreement in multidistrict litigation over allegedly misleading marketing of the blood thinner Plavix, according to New Jersey federal judge’s order.

  • June 29, 2016

    NY Judge Doubts Gamers' Face Scan Suit Meets Spokeo Bar

    A New York federal judge on Wednesday appeared skeptical that the harm alleged by consumers accusing an NBA video game maker of unlawfully collecting and retaining scans of their faces was enough to meet the standing threshold recently established by the U.S. Supreme Court, as he repeatedly pressed plaintiffs’ counsel to detail an actual injury.

  • June 29, 2016

    Ambac Sued Over $2.5B Puerto Rico Bonds, Other Investments

    An investor hit Ambac Financial Group Inc. with a proposed class action in New York federal court on Tuesday, accusing the bond holder and its executives of misleading investors about its public finance bond portfolio including $2.5 billion in Puerto Rican bonds, saying the company failed to disclose its true loss exposure.

Expert Analysis

  • A Serious Circuit Split On Class Ascertainability

    Chad R. Fuller

    A lack of clarity on the ascertainability standard for class actions among the circuits means practitioners are faced with varying standards based on the circuit in which their cases lie. Decisions such as the Eighth Circuit's in Sandusky Wellness Center v. Medtox Scientific lower the bar for plaintiffs seeking class certification, say attorneys at Troutman Sanders LLP.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • Price Check: Uncertain Outcomes In Advertised Price Cases

    Christopher Finnerty

    Plaintiffs attorneys have recently begun suing retailers for advertising products as discounted in outlet stores when those products were not sold at full price in nonoutlet stores. However, the decisions issued to date show that different federal courts have reached somewhat different conclusions, say attorneys at K&L Gates LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Making Rule 68 Offers Of Judgment In Employment Cases

    Excerpt from Lexis Practice Advisor
    A. Jonathan Trafimow

    Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.

  • Digging Deep Into The Last Decade's Securities Class Actions

    Michael Klausner

    The increase in the volume of securities class actions over the 2006-2015 period has been associated with indicators of low-quality cases, which appear to have been litigated disproportionately by a group of firms that until 2009 had a relatively small share of the federal securities class action market, say Michael Klausner and Jason Hegland of Stanford Law School.

  • Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

    Jonathan Berman

    In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • A Few Important Decisions From The 'Inferior' Courts

    Fred Taylor Isquith

    With all eyes on the U.S. Supreme Court, litigation lawyers may have glanced quickly at important cases coming from the lower courts and providing guidelines on confidentiality orders, picking off plaintiffs, the treatment of buried disclosure in securities litigation, and antitrust pleadings, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Why Class Defendants Should Consider Venue Transfers

    Cathy Moses

    Class action defendants litigating in an inconvenient forum should consider presenting arguments in favor of transferring the action to another venue, as a successful venue motion can deflate some momentum that the class might appear to have at the outset of the case, says Cathy Moses at Irell & Manella LLP.