Class Action

  • February 10, 2016

    Dole Food Gets Nod For $148M Merger Suit Settlement

    Delaware’s Chancery Court on Wednesday approved the core of a $148.2 million award to Dole Food Co. stockholders, settling a suit that accused top company officers of fraudulently pushing down the company’s price before selling it into private ownership for $1.6 billion in late 2013.

  • February 10, 2016

    Apple Faces Skeptical 9th Circ. In App Store Monopoly Suit

    Apple Inc. told a skeptical Ninth Circuit on Wednesday that a California federal judge correctly tossed a putative class action alleging it illegally monopolized the market for iPhone apps, arguing a 30 percent commission that app developers pay to Apple is part of a price that developers set independently.

  • February 10, 2016

    Scotts CEO Wants Tainted Bird Seed Claims Tossed

    The head of Scotts Miracle-Gro Co. urged a California federal court Tuesday to address his opposition to consumers' claims against him for allegedly selling tainted bird seed before it rules on whether to certify their class.

  • February 10, 2016

    Fifth Generation Told To Mediate Tito's Handmade Vodka Suit

    A magistrate judge in New York referred to mediation a false advertising dispute involving Austin-based distilling company Fifth Generation and a man who claimed in a proposed class action that the company tricks consumers into believing that its Tito's Handmade Vodka is made in small batches and not mass-produced.

  • February 10, 2016

    NJ Shareholder Suit Over Nymox's Prostate Drug Trials Tossed

    A New Jersey federal judge on Wednesday released Nymox Pharmaceutical Corp. and its founder from a class action securities suit, concluding that shareholders failed to demonstrate a purposeful scheme to misrepresent the prospects of a prostate drug when trials showed the medication was doomed to fail.

  • February 10, 2016

    Co-Founder Claims Textile Co. Execs Unraveling Business

    The co-founder and partial owner of California-based Lekos Dye & Finishing Inc. filed a derivative suit against two of its executives on Tuesday, telling a California state court their mismanagement has cost the company upward of $1 million.

  • February 10, 2016

    5th Circ. Won’t Rethink Chesapeake Energy Lease Row Ruling

    The Fifth Circuit on Wednesday refused to rethink its decision that a suit in which a putative class of Texas landowners accuses Chesapeake Energy Corp. of trespassing on foreclosed oil and gas leases belongs in federal court.

  • February 10, 2016

    Del. Justices Urged To Revive GM Shareholders' Ignition Suit

    General Motors shareholders urged the Delaware Supreme Court on Wednesday to overturn a Chancery Court decision tossing their derivative claims that directors acted in bad faith while overseeing the company’s operations in connection with a deadly ignition switch defect, but ran into arguments they were distorting facts and ignoring contrary evidence.

  • February 10, 2016

    Uber Tips Suit Survives Without Mass. Overtime Claims

    A California federal judge on Tuesday saved part of putative class action by Uber drivers alleging that the ride-share company cheated them out of tips, but dismissed claims that Uber breached a contract with them and violated Massachusetts overtime laws.

  • February 10, 2016

    Rams Season Ticket Holders Seek $50M Over Move To LA

    The St. Louis Rams were hit with a proposed class action in a Missouri federal court Tuesday for up to $50 million in damages over allegations that fans’ season seat licenses are worthless because the team is moving to Los Angeles.

  • February 10, 2016

    3rd Circ. Again Revives Arbitration Row In Debt Fraud Suit

    The Third Circuit on Wednesday gave Global Client Solutions LLC and Rocky Mountain Bank and Trust another chance at securing arbitration in a putative class action accusing them of participating in a scheme to defraud indebted consumers that involved fabricated negotiations with creditors.

  • February 10, 2016

    8th Circ. Revives Investors' Suit Against Ex-Dolan Execs

    The Eighth Circuit on Wednesday revived a proposed class action claiming former executives of Dolan Co. should have disclosed the loss of Bank of America Corp. business that decimated the company's legal services division, saying the lower court erred in finding the shareholders hadn't alleged recklessness.

  • February 10, 2016

    Barnes & Thornburg Atty Not Owed More Info, Investors Say

    Investors pursuing a breach of fiduciary duty claim against a Barnes & Thornburg LLP partner who was appointed as the receiver of The Nutmeg Group on Wednesday rejected her claim that their discovery efforts have been lax, telling an Illinois federal court any relevant materials have been provided.

  • February 10, 2016

    Dog Bone Maker Moves To Scrap Pet Death Claims

    Dynamic Pet Products Inc. urged a California federal judge Tuesday to dismiss a proposed class action accusing the company of killing dogs with products made from easily splintered waste ham bones, arguing the pet owners behind the suit haven’t established a connection between themselves and retailers who sold the bones.

  • February 10, 2016

    PGA Tour Caddies’ ‘Human Billboard’ Suit Misses The Cut

    A California federal judge on Tuesday dismissed with prejudice a proposed antitrust class action accusing PGA Tour Inc. of using professional caddies as “glorified billboards” for sponsors, saying they agreed to contract terms letting the tour dictate their dress.  

  • February 10, 2016

    Facebook Says $1.25M Fee Bid Too High For 'Modest Success'

    Facebook argued Tuesday that Cutter Law PC attorneys and others don’t deserve $1.25 million in fees because they only achieved “modest success” at best in their now-settled California federal class action claiming Facebook profited off game and application credits unknowingly purchased by minors.

  • February 10, 2016

    Excess Insurers Join Lumber Liquidators MDL Coverage Battle

    A Virginia federal judge on Wednesday allowed four Lumber Liquidators Inc. excess insurers to join a consolidated suit of primary insurers who claim they owe no defense in multidistrict litigation over formaldehyde in the company’s laminate flooring imported from China, although he said excess coverage decisions would come second.

  • February 10, 2016

    BofA Should Face Class Claims In Libor MDL, Borrower Says

    A mortgage borrower accusing Bank of America of assigning customers inflated interest rates by way of a Libor-rigging conspiracy asked a New York federal judge Tuesday to bar the bank's bid to strike his class allegations, saying it would waste the court’s time. 

  • February 10, 2016

    10th Circ. Won't Revive Vague Okla. Pollution Suit

    A Tenth Circuit panel refused Tuesday to revive a proposed class action accusing dozens of Oklahoma businesses and individuals of transporting and depositing polluting coal and drilling waste, finding the putative class leaders' allegations were not nearly specific enough to survive.

  • February 10, 2016

    Banks Seek $20M In Atty Fees After Target Data Breach Deal

    Lead counsel for financial institutions suing Target over its notorious 2013 data breach have urged a Minnesota federal court to grant them $20 million in attorneys’ fees and expenses, a figure they called fair and reasonable after extensive work on the case.

Expert Analysis

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • Subrogation Claims Aren't 'Consumer Debts' Under Fla. Law

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    Property and casualty insurers using collection agencies to collect subrogation claims in Florida can now cite a Florida district court case to insulate them from consumer claims based on collection activities of their agencies, says Elizabeth Bohn at Carlton Fields.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Rodeo Associations Fail To Rein In Each Other In Round 1

    Bruce D. Sokler

    Last week, a Texas federal court denied the Elite Rodeo Association’s preliminary injunction motion to block the enforcement of the Professional Rodeo Cowboys Association's bylaws, and also denied the PRCA’s motion to dismiss on the ERA’s Section 2 claim. In reaching that conclusion, the court had to address and distinguish a host of arguably applicable sports antitrust cases, say Bruce Sokler and Farrah Short of Mintz Levin Cohn F... (continued)

  • Litigation In The Marijuana Industry Lights Up

    Abby Sacunas

    The country’s first marijuana products liability class action hit Colorado state court in October, alleging that LivWell Inc. used a pesticide on their plants not approved for use on tobacco products — but while it may be tempting to consider cannabis products in conjunction with tobacco products, the industries are at very different stages of regulation and development, say Abby Sacunas and Leigh Ann Benson at Cozen O’Connor.

  • 9th Circ. Muddies Loss Causation

    William F. Sullivan

    The Ninth Circuit in Jacksonville Police and Fire Pension Fund v. CVB Financial added another wrinkle to the determination of whether and when the public disclosure of an internal investigation or a government subpoena establishes loss causation under the federal securities laws, say attorneys with Paul Hastings LLP.

  • Plaintiffs Face High Class Cert. Bar In Antitrust Cases

    Olivia Jennings Adendorff

    In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.

  • Challenging An Arbitrator Ab Initio: A Primer

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    Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.

  • Has Gene By Gene Unzipped TCPA Insurance Exclusions?

    Joshua A. Mooney

    Evanston Insurance v. Gene By Gene Ltd. in Texas district court addresses a new twist on an insurer's Telephone Consumer Protection Act exclusion, in effect limiting it to underlying marketing claims involving junk faxes or spam email. Some might herald this decision as a judicial scaling back of the exclusion, but such proclamations would be premature, says Joshua Mooney at White and Williams LLP.

  • Some TCPA Class Action Defense Strategies

    Richard Benenson

    If you regularly contact customers via telephone, text or fax, there is a high likelihood that at some point you will be named as a party to a lawsuit alleging violations of the Telephone Consumer Protection Act. Successfully resolving TCPA class actions requires a proactive, methodical approach and a specialized skill set, say Richard Benenson and Al Mottur of Brownstein Hyatt Farber Schreck LLP.