Class Action

  • October 5, 2015

    Colorado Pot Grower Hit With Suit Over Fungicide Use

    A Colorado commercial marijuana grower was hit with a proposed class action Monday in a Denver court alleging the company failed to warn customers that it sprayed its plants with an unapproved fungicide that breaks down into hydrogen cyanide, a well-known poison, when heated with a standard lighter.

  • October 5, 2015

    Gas Trucking Co. Pays $1.3M To Settle Drivers' Wage Suit

    A putative class of drivers who allege that a provider of specialty gases stiffed them on wages asked a California federal court on Monday to grant final approval to a $1.3 million settlement of the case.

  • October 5, 2015

    Cutoff Date Set For Collective Notice In $100M Sex-Bias Suit

    A New York federal judge has ruled that collective notice will be provided to female employees accusing Forest Laboratories Inc. of gender bias who worked for the company as a sales representative as of May 22, 2012, rejecting the plaintiffs’ argument that notice should extend 10 months earlier.

  • October 5, 2015

    Prograf Class Cert. Makes Case Unworkable, 1st Circ. Hears

    Astellas Pharma US LLC pressed the First Circuit Monday to nix a ruling certifying a class of indirect purchasers who claim the drugmaker improperly delayed generic competition for the immunosuppressant drug Prograf, arguing it would be an impossible task to weed out the class members who can’t actually prove they were injured.

  • October 5, 2015

    Drivers Fight Feds’ Stay Request In GW Bridge Class Actions

    Drivers and transportation companies engaged in consolidated class actions over the George Washington Bridge scandal don’t think the federal government should be able to halt the proceedings just yet, telling a New Jersey federal judge Monday the case should at least continue through the pleading stage.

  • October 5, 2015

    Gov't Urges Judge Not To Block Green Card Cutoff Changes

    The federal government urged a Washington federal judge Friday to deny plaintiffs a temporary restraining order in a putative class action over abrupt changes in the October visa bulletin to green-card eligibility requirements, saying the move is not warranted.

  • October 5, 2015

    9th Circ. Won't Rehear Suit Over Guam's Delayed Tax Refunds

    The Ninth Circuit on Friday unanimously shot down a bid to rehear en banc a class action brought by taxpayers who accused Guam of improperly delaying tax refunds, leaving intact its decision that the government had acted illegally by withholding the refunds to balance its budget.

  • October 5, 2015

    Scottrade Hit With 1st Data Breach Suit

    Discount brokerage house Scottrade Inc. on Friday in California federal court was hit with the first proposed class action over a data breach — announced that same day — that targeted 4.6 million users between late 2013 and early 2014 and possibly compromised Social Security numbers and other information.

  • October 5, 2015

    US Urges High Court To Keep Tyson Workers’ $5.8M Verdict

    The federal government has urged the U.S. Supreme Court not to overturn an Eighth Circuit decision that preserved a $5.8 million jury verdict for Tyson Foods Inc. workers seeking compensation for time spent putting on and taking off protective gear.

  • October 5, 2015

    Southwest Credit Expired Too Soon, Travelers Say

    A pair of Southwest Airlines Co. travelers have filed a putative class action in California federal court over what they claim is a “hidden exception” in the airline’s cancellation policy, saying credit from a canceled flight was deemed expired months before the airline’s advertised one-year expiration date.

  • October 5, 2015

    NHL Wants Players To Explain Studies In Concussion MDL

    The NHL on Monday asked the Minnesota federal court overseeing multidistrict litigation over concussions filed by former players to force the players to explain their positions on studies that the players say put the league on notice of the dangers of concussions.

  • October 5, 2015

    USAA Skimped On MedPay Reimbursements, Class Suit Says

    A chiropractic clinic has filed a putative class action alleging United Services Automobile Association broke so-called MedPay automobile insurance contracts by using an alternative method for calculating reimbursements, according to documents removed to Florida federal court Friday.

  • October 5, 2015

    Costco Contractor To Pay $4.25M To Settle Wage Suit

    Workers who demonstrate products at Costco warehouses asked a California federal judge Monday to sign off on a $4.25 million settlement of a class action accusing a Costco contractor of wage violations.

  • October 5, 2015

    High Court Won't Revive Stanford Victims' Claims Against SEC

    The U.S. Supreme Court on Monday refused to consider an argument by victims of Robert Allen Stanford’s $7 billion Ponzi scheme that the Eleventh Circuit’s decision shielding the U.S. Securities and Exchange Commission from a negligence suit gives the agency blanket immunity.

  • October 5, 2015

    High Court Turns Down $210M Borders Gift Card Spat

    Borders Group Inc. customers who missed out on $210 million in gift cards after the company went bankrupt lost their bid Monday to revive the dispute after the U.S. Supreme Court denied their petition to consider the suit.

  • October 5, 2015

    NJ Devils Ticket Holders Ask For An Assist In Resale Suit

    Two New Jersey Devils fans asked a New Jersey federal judge on Friday to deny the hockey team’s bid to ice their amended putative class action alleging the team didn't fulfill its obligation to renew season tickets and is trying to control the resale ticket market.

  • October 5, 2015

    Nexium Buyers Get $8M Fees In Pay-For-Delay Settlement

    A Massachusetts federal judge on Monday divvied out more than $8 million in expenses for a settlement reached between Nexium buyers and Teva Pharmaceutical Industries Ltd., but agreed to hold off on approving fees for AstraZeneca PLC and Ranbaxy Inc. following their win in a multidistrict litigation pay-for-delay trial brought by the same buyers. 

  • October 5, 2015

    Title Insurers Accused Of Price-Fixing Scheme In Georgia

    Fidelity National Title Insurance Co. and six other insurers were hit with a proposed class action Friday in Georgia federal court, alleging that they conspired to fix prices for title insurance by quoting customers an artificially inflated list price with no opportunity to negotiate a lower one.

  • October 5, 2015

    Schwab's Libor Claims Get No Supreme Court Traction

    The U.S. Supreme Court on Monday refused to consider Charles Schwab Corp.'s attempt to revive its antitrust claims in multidistrict litigation over alleged Libor manipulation by top banks.

  • October 5, 2015

    Kohl's Beats Employees' FCRA Background Check Claims

    A California federal judge agreed Monday to dismiss a proposed class action accusing Kohl’s Department Stores Inc. of improperly running background checks on job applicants, finding that two former employees who filed the suit failed to demonstrate any willful violations of the Fair Credit Reporting Act.

Expert Analysis

  • Another Privacy Victory For Video Service Providers

    Alysa Hutnik

    The Ninth Circuit's recent ruling in Rodriguez v. Sony Computer Entertainment America LLC is in line with the trend of courts limiting streaming media companies' liability under the Video Privacy Protection Act — a trend becoming increasingly important to companies’ bottom lines, say Alysa Hutnik and Robyn Mohr of Kelley Drye & Warren LLP.

  • 7th Circ. Stands Out On Ascertainability Of Class Actions

    Geoffrey M. Wyatt

    The logic behind the Seventh Circuit's explicit break with its sister courts in Mullins v. Direct Digital LLC over the “heightened” ascertainability requirement is predicated largely on its view that the preservation of consumer class actions involving low-cost products is a policy imperative that outweighs manageability and fairness concerns, says Geoffrey Wyatt of Skadden Arps Slate Meagher & Flom LLP.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • The Minefield Of E-Cigarette Labeling And Promotion

    Eric N. Heyer

    The ruling in the NJOY Inc. Consumer Class Action Litigation and a recently proposed rule by the U.S. Food and Drug Administration indicate that e-cigarette advertising claims that suggest or emphasize specific chemical, physical and toxicological effects may be subject to increased scrutiny, say Eric Heyer and Neelam Gill of Thompson Hine LLP.

  • A Case Study On How To Decertify Common Defect Classes

    Emily L. Pincow

    The arguments the U.S. District Court for the Northern District of Texas accepted in Shane Galitsky v. Samsung Telecommunications America LLC when denying certification of a class of California smartphone consumers may also be applicable in other consumer class actions attempting to certify a class on the basis of a common defect, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Disclosure-Only Settlements Face Continued Scrutiny

    Israel Dahan

    Vice Chancellor Sam Glasscock, in a stockholder case related to Riverbed Technology's go-private deal, recently expressed serious reservations about the broad releases provided to Riverbed’s directors in exchange for enhanced disclosures. This and other recent rulings highlight the Delaware Chancery Court’s efforts to ensure that meritorious merger challenges are litigated, say attorneys with King & Spalding LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • EEOC Won't Forget About Background Checks After Freeman

    Rod M. Fliegel

    Odds are the U.S. Equal Employment Opportunity Commission's settlement with BMW Manufacturing Co. LLC will embolden the EEOC, notwithstanding the $1 million in attorneys' fees it owes in Freeman, thus employers should continue to monitor the law surrounding criminal record screening policies, including Fair Credit Reporting Act class action litigation, say Jennifer Mora and Rod Fliegel of Littler Mendelson PC.

  • 11th Circ. Creates Flexibility For Courts On FLSA Suits

    Sara Soto

    The standard articulated in the Eleventh Circuit's decision in Schumann v. Collier Anesthesia PA provides courts with tremendous flexibility in determining whether unpaid interns might be entitled to wages and overtime pay. Given the incidence of internships today, the ruling heightens potential Fair Labor Standards Act concerns for employers, say Sara Soto and Joelle Simms of Bressler Amery & Ross PC.

  • Lessons From Avon's FCPA-Related Settlements

    Riyaz Dattu

    When Avon Products Inc. first learned about potential Foreign Corrupt Practices Act problems in China, it simply directed that internal control measures be instituted at the subsidiary, with no follow-up on the compliance initiatives. By the time Avon began a full-blown internal investigation, much of the damage had been done, say Riyaz Dattu and Sonja Pavic of Osler Hoskin & Harcourt LLP.