Class Action

  • October 22, 2014

    TPG Paid Top Dollar In $394M Gelson's Buy, Arden Says

    Arden Group Inc. on Wednesday urged a California judge to toss a shareholder derivative suit alleging TPG Capital LP's $394 million purchase of Arden's luxury supermarket chain Gelson's stiffed shareholders to enrich Arden's board, arguing boardmembers got sole-bidder TPG to pay over market value.

  • October 22, 2014

    FDIC, Citi Settle 9th Circ. Appeal Over Colonial Bank Failure

    Citigroup Global Markets Inc. has reached a settlement agreement with the FDIC in a Ninth Circuit appeal alleging a number of banks spurred on Colonial Bank's failure by selling it poor-quality mortgage-backed securities, and the bank insurer said Wednesday it expects Bank of America Corp. to exit the suit shortly as well.

  • October 22, 2014

    Dollar Thrifty Renters Seek Cert. In Hidden Fees Suit

    Two customers of Dollar Thrifty Automotive Group Inc. on Wednesday urged a Colorado federal judge to certify a class of millions in Colorado and Florida in a case alleging that the car rental company makes millions by saddling customers with unneeded and unwanted insurance and other services.

  • October 22, 2014

    Attys Pocket $54M From Steel Price-Fixing Class Deals

    An Illinois federal judge awarded $54 million in attorneys' fees to counsel in a consolidated class action against steelmakers accused of scheming to inflate prices, saying Wednesday that the attorneys had effectively handled hard-fought, complex litigation that lasted six years.

  • October 22, 2014

    NCAA Athletes Are Temporary Employees, FLSA Suit Says

    A former college soccer player slapped the National Collegiate Athletic Association and a slew of schools with a proposed Fair Labor Standards Act collective action in Indiana on Monday, contending that student athletes are temporary employees who must be paid at least minimum wage under federal law.

  • October 22, 2014

    SanDisk Fights Cert. Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

  • October 22, 2014

    Hollister Fights Class Cert. In Expired Reward Card Fight

    Hollister Co. on Tuesday urged a New Jersey appellate panel to overturn a lower court's certification of a class alleging the clothing retailer duped customers with promotional gift cards with an inconspicuous expiration date, arguing the class members can't be ascertained.

  • October 22, 2014

    Bard Says Expert Can't Switch Sides In Pelvic Mesh MDL

    C.R. Bard Inc. argued Tuesday that the plaintiffs in pelvic mesh multidistrict litigation consolidated in West Virginia federal court should not be allowed to name as an expert one of Bard's own retained experts, saying that he is familiar with Bard's litigation strategy from his role in prior cases.

  • October 22, 2014

    Goldman Attacks Commonality Of Putative Gender Bias Class

    Goldman Sachs Group Inc. on Wednesday rejected the notion that women claiming a sexualized culture of discrimination damaged their pay and promotion prospects could band together in court, arguing the individual situations of more than 1,000 potential plaintiffs don't share common traits required for class certification.

  • October 22, 2014

    Giving Number To Airline Isn't TCPA Consent, 9th Circ. Told

    A consumer has urged the Ninth Circuit to revive her proposed class action claiming a travel technology contractor violated the Telephone Consumer Protection Act by text-spamming her, saying the lower court incorrectly determined she had given express consent by providing her number when booking a flight.

  • October 22, 2014

    Judge Approves Bashas' $6.5M Settlement In Bias Suit

    An Arizona federal judge on Tuesday gave preliminary approval to Bashas' Inc.’s $6.5 million settlement with a class of Hispanic workers who accused the grocery chain owner of nearly a decade of discrimination by paying them less than white workers.

  • October 22, 2014

    Target Says Banks Can't Go After It For Data Breach Losses

    Target Corp. on Wednesday doubled down on its bid to dismiss banks and credit unions' legal claims over last year's massive data breach at the retail chain, arguing its handling of customer payment card data didn't establish a relationship with financial institutions that would allow them to recover their losses.

  • October 22, 2014

    Propane Co. Pays $500K To End Mich. Price Gouging Suit

    AmeriGas Partners LP, the nation's largest residential propane supplier, will pay more than $500,000 to reimburse thousands of Michigan customers to resolve class action accusations of price gouging last winter amid a propane shortage, Michigan Attorney General Bill Schuette said on Wednesday.

  • October 22, 2014

    Whirlpool Says Plaintiff's Moldy Washer Claims Are Too Old

    Whirlpool Corp. argued on Tuesday that claims of one of the named plaintiffs over an alleged mold-related washer defect are time-barred by the two-year statute of limitations for Ohio common law product liability claims, arguing that she had shown no reason why she could not have brought her suit earlier. 

  • October 22, 2014

    PAGA Divide May Push High Court To Take Up Iskanian Case

    Several federal judges have recently rejected the California Supreme Court's employee-friendly Iskanian ruling that workers can't waive representative Private Attorney General Act claims through mandatory arbitration agreements, a trend lawyers say increases the chances that the U.S. Supreme Court may choose to weigh in.

  • October 22, 2014

    NLRB Judge Finds Against Ross Stores' Arbitration Pact

    A National Labor Relations Board judge ruled Tuesday that clothing retailer Ross Stores Inc. violated federal labor law when it required employees to sign an arbitration agreement that prohibited them from pursuing class or collective actions.

  • October 22, 2014

    Employers' EEOC Survival Guide: Litigation

    After the U.S. Equal Employment Opportunity Commission investigates a bias claim, concludes it has merit and can't reach a settlement, the agency may turn to its last resort: litigation. Management-side lawyers have some tricks up their sleeve for defending EEOC suits in particular, but EEOC General Counsel P. David Lopez warns against getting distracted from the core issues when litigating with the agency. This is the third in a three-article series on navigating the EEOC process.

  • October 22, 2014

    Calvin Klein, PVH Facing Newest Unpaid Intern Class Action

    Calvin Klein Inc. and parent company PVH Corp. are the latest targets of allegations that they didn't pay interns for work that didn't qualify as education or training, according to a proposed statewide class action filed Monday in Manhattan.

  • October 22, 2014

    Store Layout Lands Kohl’s In Hot Water With ADA Advocates

    Disability rights advocates The Equal Rights Center hit Kohl’s Corp. with a proposed class action in Illinois federal court Tuesday, saying that narrow aisles and tall checkout counters are unlawfully preventing wheelchair-bound customers nationwide from shopping at the department stores.

  • October 22, 2014

    Hausfeld, Other Attys Seek $50M For NCAA Suit In New Fee Bid

    Hausfeld LLP and other counsel for student-athlete plaintiffs in the sprawling antitrust dispute over the NCAA's ban on college athletes’ compensation have asked a California federal judge for $45 million in fees and $5.3 million in costs for their work, according to an amended motion filed Tuesday.

Expert Analysis

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Random Selection Is Best For MDL Bellwether Trials

    Matthew A. Holian

    The inadequacies of party selection are particularly troubling when compared to random selection, which yields representative plaintiffs, is fair to both sides, and also produces valuable information for courts and litigants, say Loren Brown and Matthew Holian at DLA Piper LLP and Dov Rothman at Analysis Group Inc.

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • The Root Cause Of Skyrocketing Defense Costs

    Douglas W. Greene

    The costs of defending securities class actions continue to increase, and the root cause is the convergence of two related factors — the prevailing view that securities class actions are “bet the company” cases, and the consequent reflexive hiring of BigLaw firms, says Douglas Greene of Lane Powell PC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Culling Consent From 11th Circ. TCPA Case

    David N. Anthony

    After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.

  • 7th Circ. Says Random Sampling Works For CAFA, Not How

    Esther S. McDonald

    Although the Seventh Circuit's ruling in Myrick v. WellPoint Inc. suggests a plaintiff may meet the burden of proving members of a putuative class action qualify under the home-state exception of the Class Action Fairness Act through random sampling, many questions remain unanswered, says Esther McDonald of Seyfarth Shaw LLP.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.