Class Action

  • August 31, 2015

    Syngenta Argues It Owed No Duty Of Care To Corn Plaintiffs

    Syngenta Corp. on Friday once again battled to toss multidistrict litigation alleging it tainted the U.S. corn supply with genetically modified seed, telling a Kansas federal court it should apply the "stranger economic loss rule" because the defendant had no relationship to the thousands of corn-producer plaintiffs.

  • August 31, 2015

    Kohl's Can't Get Rid Of FCRA Suit, Ex-Employee Tells Court

    A former worker accusing Kohl's Department Stores of using ambiguous and misleading language to obtain credit reports in violation of the Fair Credit Reporting Act told a California federal judge Friday that the retailer’s bid to dismiss the proposed class action rests on a faulty interpretation of the law.

  • August 31, 2015

    MGM Investors Seek OK For $75M CityCenter Settlement

    The lead plaintiffs in a shareholder suit accusing MGM Resorts International of misleading investors about the financial health of its $9 billion CityCenter development in Las Vegas sought preliminary approval Friday for a $75 million settlement they called an "outstanding" result.

  • August 31, 2015

    BofA's $9M, $3.6M Deals OK'd Despite 'Vexatious' Objector

    Bank of America Corp. has won final approval of a $9 million settlement with part-time employees and a $3.6 million deal in another class action over pay stubs, despite the objections of a nonclass member who injected himself into both cases, prompting the bank to call him “vexatious.”

  • August 31, 2015

    5th Circ. Tough On NLRB In Murphy Oil Class Waiver Fight

    A National Labor Relations Board attorney faced a grilling at the Fifth Circuit on Monday as he defended a divided NLRB ruling that deemed Murphy Oil USA Inc. arbitration agreements barring workers from pursuing class actions unlawful and doubled down on the board's D.R. Horton decision.

  • August 31, 2015

    PNC Can't Escape Bankers' OT Class Action, 7th Circ. Says

    The Seventh Circuit on Monday upheld a district court judge’s decision to certify a class of bankers from 27 Illinois branches of PNC Bank National Association, holding there was a common question of whether managers instituted an unofficial policy prohibiting employees from claiming overtime.

  • August 31, 2015

    Firm Hit With Class Action Over Alleged Immigration Fraud

    A Kentucky law firm and a pair of attorneys have been hit with a class action accusing them of filing “baseless” cancelation of removal applications, while allegedly knowing that their clients wouldn’t qualify for the relief.

  • August 31, 2015

    Prudential Investors Win Cert. In Unpaid Policy Suit

    A New Jersey federal judge on Monday certified a class of Prudential Financial Inc. shareholders who claim that when the insurer revealed it had held onto money that should have been paid to policy beneficiaries or state unclaimed property funds, its stock values tumbled, harming investors.

  • August 31, 2015

    Patient In Genzyme Drug Suit Says Class Claims Should Stay

    A patient suffering from Gaucher disease who filed a proposed class action accusing drugmaker Genzyme Corp. of replacing his biweekly injection treatments with an ineffective drug that advanced his condition urged a Colorado federal court on Friday not to accept a magistrate judge’s recommendation that the case be dismissed.

  • August 31, 2015

    DOJ Slams Arpaio Over Biased Policing Against Hispanics

    The U.S. Department of Justice filed an intervenor complaint Monday against Arizona Sheriff Joe Arpaio in a long-running case over his office’s practice of detaining Latinos based on their race, saying Hispanic people have been systematically denied constitutional rights in Maricopa County.

  • August 31, 2015

    MAC Cosmetics Settles ZIP Code Privacy Suit With Gift Cards

    MAC Cosmetics Inc. has agreed to pay up to $365,000 to end a proposed class action accusing the company of illegally obtaining personal customer information by acquiring their ZIP codes at checkout, according to a filing in Massachusetts federal court.

  • August 31, 2015

    Sears Hit With OT Suit By Auto Technicians

    A proposed class of Sears Roebuck and Co. automotive technicians allege that the company doesn't pay overtime or allow employees to take meal breaks, among other labor violations, according to a complaint removed to California federal court on Friday.

  • August 31, 2015

    Del. Judge Trashes Truck Transmission Antitrust Action

    Mack Trucks Inc. and several other heavy-duty truck manufacturers were freed of a proposed antitrust class action Monday by a Delaware federal judge who concluded that the suit’s named plaintiff lacks standing because the company did not buy a truck directly from any of the defendants.

  • August 31, 2015

    Nexium Pay-For-Delay Plaintiffs To Appeal Loss To 1st Circ.

    The plaintiffs in the Nexium pay-for-delay multidistrict litigation against AstraZeneca PLC and generic-drug maker Ranbaxy Inc. on Friday appealed to the First Circuit a Massachusetts federal judge’s refusal in July to grant them a new trial.

  • August 31, 2015

    NCAA Can't Stop Discovery In Sex Bias Suit, Athletes Say

    A putative class of college athletes told a New Jersey federal judge on Saturday that discovery should move forward in their case accusing the National Collegiate Athletic Association of discriminatory policies toward female athletes, despite the NCAA’s arguments that the amended complaint should be tossed.

  • August 31, 2015

    EEOC Tells 5th Circ. Bass Pro Appeal Misreads High Court

    The U.S. Equal Employment Opportunity Commission urged the Fifth Circuit on Friday to affirm that a landmark U.S. Supreme Court decision on employment discrimination enforcement procedure applies to its suit alleging that Bass Pro Outdoor World LLC discriminated against black and Hispanic applicants.

  • August 31, 2015

    SAC Slams Class Cert. Bid In Insider Trading Suit

    Investors suing former hedge fund SAC Capital Advisors LP over a massive insider trading scandal should be denied class certification because they cannot meet multiple legal hurdles for attaining such a status, attorneys for the firm told a New York federal judge on Friday.

  • August 31, 2015

    Tito's Vodka Says Calif. Safe Harbor Allows 'Handmade' Claims

    Fifth Generation Inc. urged a California federal judge on Friday to throw out a proposed class action accusing the company of concealing the fact that its Tito’s Handmade Vodka is produced mostly with machines, arguing that the suit falls under California’s safe harbor provision.

  • August 31, 2015

    Cisco Still Off Hook In China, Falun Gong Spying Row

    A California federal judge refused Monday to vacate a ruling that Falun Gong practitioners failed to show Cisco Systems Inc. knowingly provided surveillance systems that the Chinese government used to persecute the religious group, holding a recent Ninth Circuit decision also asserting the Alien Tort Statute didn’t change his opinion.

  • August 31, 2015

    AutoZone Says Engine Part Class Action Lacks Detail

    AutoZone Inc. and S.A. Gear Co. Inc. urged an Illinois federal court on Friday to dismiss a proposed class action alleging the companies knowingly sold defective Chrysler Group LLC engine repair parts, saying no specific claims have been made and state laws surrounding the claims bar commonality.

Expert Analysis

  • Litigation Risk For HFT Facilitators Fades Fast

    Kathleen Massey

    A New York federal judge’s decision last week dismissing all claims against several U.S. stock exchanges and a dark pool operator is just the latest defeat for plaintiffs firms hoping to put high-frequency trading on trial in the wake of Michael Lewis’ book “Flash Boys,” say Kathleen Massey and Jeffrey Benner of Dechert LLP.

  • Competitors Push Back With False Advertising Laws

    Eric W. Buetzow

    As the Tenth Circuit recently recognized, false advertising causes of action are providing a robust weapon against overly aggressive and often youthful firms who “cross the line from harmless hyperbole into underhanded deception with material commercial consequences.” However, the current landscape is not a complete boon for competitor plaintiffs, says Eric Buetzow of Zelle Hofmann Voelbel & Mason LLP.

  • TCPA Issues Familiar And Unique To Health Care Providers

    Lewis S. Wiener

    Many of the issues facing health care companies under the Telephone Consumer Protection Act are similar to other industries — consent and the scope of that consent, reassigned numbers, opt-outs and large potential exposure to statutory damages. However, the Federal Communications Commission's recent TCPA order also holds a new exemption for the health care industry, say attorneys at Sutherland Asbill & Brennan LLP.

  • Price Impact Analysis — Where The Halliburton Court Erred

    Bjorn I. Steinholt

    The Northern District of Texas’ July 2015 decision in Halliburton has already been touted as a “bellwether” opinion on how to prove the absence of price impact to defeat class certification. Unfortunately, the opinion is based partly on a common fallacy — that the absence of statistical significance proves the absence of price impact, says Bjorn Steinholt, managing director at economics consulting firm Caliber Advisors Inc.

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 7th Circ. Again Limits Dukes, This Time In Teacher Case

    Gerald L. Maatman Jr.

    Chicago Teachers Union Local No. 1 v. Board of Education of the City of Chicago is significant for employers in that the Seventh Circuit, as it did in McReynolds v. Merrill Lynch Pierce Fenner & Smith Inc., certified a race discrimination class action even though the final alleged discriminatory decisions were based on subjective decisions by multiple decision makers. In so doing, the court further limited Wal-Mart Stores Inc. v. D... (continued)

  • Congress Must Come To The Defense Of Class Actions

    Lauren G. Barnes

    Without congressional action, ubiquitous binding arbitration clauses and class action bans — upheld by the U.S. Supreme Court — will continue to lead to the predictable result of both unfairness to injured consumers and a systemic failure to hold companies accountable for abusing the trust placed in them, says Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)

  • DOL Overtime Rules May Rattle Retailers With Litigation

    William C. Martucci

    Retailers will need to assess whether previously exempt positions will be subject to the Fair Labor Standards Act's overtime pay requirements under the U.S. Department of Labor's new white collar exemption proposal. The DOL's suggested changes to the salary requirements for exemptions are likely to spur additional litigation in the wage-and-hour arena, say attorneys at Shook Hardy & Bacon LLP.

  • The Daubert Standard In Fla. — 2 Years On

    Chris Torres

    Two years after Florida’s game-changing adoption of the Daubert standard in July 2013 for the admissibility of expert opinions, there are a only limited number of Florida cases on the new evidence code, but those that exist express important, fundamental principles that should be appreciated by many practitioners on all sides of a case, says Christopher Torres at Greenberg Traurig LLP.