Class Action

  • January 29, 2015

    GE Capital Urges Consolidation Of Suits Over Petters' Scheme

    General Electric Capital Corp. on Thursday asked the U.S. Judicial Panel on Multidistrict Litigation to combine four lawsuits accusing the company of participating in the $3.6 billion Ponzi scheme orchestrated by Tom Petters.

  • January 29, 2015

    Class Action Group Of The Year: Latham & Watkins

    Latham & Watkins LLP’s class action experts notched big wins across a host of practice areas in 2014, from shutting down securities litigation over client U.S. Airways Group’s blockbuster 2013 merger to fending off antitrust claims against the London Metal Exchange, earning a spot among Law360’s Class Action Groups of the Year.

  • January 29, 2015

    GM Denies Calls To Extend Ignition Switch Fund Deadline

    General Motors Co. doesn't plan to extend its Jan. 31 deadline for applications to the fund it established last year to compensate the victims of a deadly ignition switch defect, the automaker said Thursday, despite pleas from two Democratic senators.

  • January 29, 2015

    Employment Laws 'Outdated,' Judge In Lyft Wage Row Says

    The California federal judge overseeing Lyft Inc. drivers' proposed wage-and-hour class action against the ride-hailing company wrestled Thursday with whether to grant the drivers' bid for a ruling that they are full-fledged Lyft employees, calling the laws that distinguish employees from independent contractors “woefully outdated.”

  • January 29, 2015

    Tylenol Liver-Damage MDL Bellwether Gets June Trial Date

    A Pennsylvania federal judge on Thursday set a late June trial date for the first bellwether case in multidistrict litigation alleging the acetaminophen in various Tylenol products from a Johnson & Johnson Inc. unit was responsible for users’ severe liver damage.

  • January 29, 2015

    Parties In Takata Air Bag MDL Split On Venue

    The parties involved in litigation against automakers over the recall of faulty Takata Corp. air bags in millions of vehicles fought Thursday over where a potential multidistrict litigation should be seated, arguing over options like Miami, Los Angeles, New York and Pittsburgh.

  • January 29, 2015

    Immunomedics Sidesteps Securities Fraud Suit

    New Jersey-based biopharmaceutical company Immunomedics Inc. on Thursday turned back allegations that it misled investors by concealing the deterioration of a major licensing agreement after a federal judge ruled the company was under no obligation to disclose anything short of the contract’s termination to investors.

  • January 29, 2015

    NCAA Athletes Should Get Publicity Pay, SAG Tells 9th Circ.

    The Screen Actors Guild-American Federation of Television and Radio Artists urged the Ninth Circuit on Wednesday to affirm a ruling that said college athletes must be paid for use of their images, saying attempts to diminish laws protecting an individual’s right of publicity could be “ruinous” to performers’ careers.

  • January 29, 2015

    Quest Diagnostics Accused Of Building Calif. Monopoly

    A putative class of patients filed a federal antitrust lawsuit against Quest Diagnostics Inc. Thursday, alleging the company monopolized outpatient diagnostic services in Northern California by paying kickbacks to medical providers, colluding with insurers and acquiring competitors.

  • January 29, 2015

    NYC Deli Chain Owner Settles Wage Class Action

    Delivery and cleaning employees of New York City deli chain Guy & Gallard have reached a settlement in a class action suit lobbed against owner Matrat LLC and affiliates, eight months after alleging wage violations of the Fair Labor Standards Act, according to a judge's Thursday order.

  • January 29, 2015

    Chinese Law Key To Vitamin Antitrust Case, 2nd Circ. Hears

    The principle of international comity, in which nations respect foreign laws as they apply to foreign conduct, was in the spotlight Thursday before the Second Circuit as two Chinese companies pushed to nullify a $153 million award against them that stemmed from a Brooklyn, New York, antitrust class action over vitamin C price-fixing.

  • January 29, 2015

    NLRB Defied 5th Circ. In Class Waiver Fight, Murphy Oil Says

    The National Labor Relations Board defied the Fifth Circuit when it held that Murphy Oil USA Inc. arbitration agreements barring workers from pursuing class or collective actions were unlawful and doubled down on the NLRB's “erroneous” findings in D.R. Horton, Murphy Oil said Wednesday.

  • January 29, 2015

    NJ Workers Slap Home Depot, Staples With Wage Class Suits

    Workers have hit cleaning and delivery companies and the retail giants that they respectively service, Home Depot USA Inc. and Staples, with putative class actions in New Jersey claiming that they are employees of those behemoths who have been denied proper wages.

  • January 29, 2015

    Plaintiffs Push For LBO Collusion Settlement Approval

    Plaintiffs in a long-running collusion case asked a Massachusetts federal judge Thursday to ignore objections from retail investors and to grant final approval to $590 million in settlements in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low prior to the financial crisis.

  • January 29, 2015

    Debt Collector Escapes Suit Over Deceptive Practices

    A California federal judge on Wednesday tossed a proposed class action accusing a debt collector of providing misleading information to consumers regarding their credit records, finding the plaintiffs couldn't prove the company was acting as a credit repair organization.

  • January 29, 2015

    Wendy's Settles ADA Wheelchair Access Claims

    A Pennsylvania man on Wednesday settled a proposed Americans with Disabilities Act class action suit with a Wendy's International Inc. subsidiary that alleged architectural barriers at Pittsburgh-area Wendy’s restaurants illegally limit access for wheelchair users.

  • January 29, 2015

    Carnival Charged Customers Fake Gov't Fees, Suit Says

    Cruise line operator Carnival Corp. & PLC allegedly charged certain customers who booked cruises through a Marriott Vacation Club program inflated government and port fees for its own profit, according to a putative class action removed to Florida federal court on Wednesday.

  • January 29, 2015

    Attune False Labeling Suit Hinges On FDA

    A California federal judge reopened a proposed class action alleging Attune Foods Inc. falsely labeled its cereals and other products as containing “evaporated cane juice,” offering to reconsider the case depending on the outcome of a final U.S. Food and Drug Administration ruling.

  • January 29, 2015

    Expert Testimony Falls Short In Fixodent MDL, Judge Says

    A Florida federal judge on Wednesday again refused to admit plaintiffs' expert testimony in multidistrict litigation claiming that zinc in Procter & Gamble Manufacturing Co.'s Fixodent glue can cause neurological damage, finding that the testimony was too unreliable and scientifically unsound to be admitted.

  • January 28, 2015

    CBS Faces Intern Class Action After Aborted 'Late Show' Suit

    A former CBS Corp. intern has filed a class action in New York state court alleging the media giant cheated interns out of wages, five months after an ex-“Late Show” intern represented by the same law firm dropped similar claims against the broadcaster amid allegations the firm had coerced her into suing.

Expert Analysis

  • Time For Calif. Employers To Check Hours Worked Policies

    Karen Reinhold

    Following the California Supreme Court's analysis in Mendiola v. CPS Security Solutions Inc., employers would be wise to review any standby, on-call or pager practices used with nonexempt workers. Whether on-call or standby time should be treated as compensable hours worked will involve a factual analysis of the degree of control exercised by the employer, say Karen Reinhold and Daniel Pyne of Hopkins & Carley.

  • M&G Polymers May Impact Private And Public Sector

    Frances Rogers

    The U.S. Supreme Court's recent demand that ordinary principles of contract law apply in M&G Polymers USA v. Tackett over whether retiree medical benefits in a collective bargaining agreement are per se vested has implications for both private and public sector employers, despite the latter being guided by other legal strictures and public policy considerations, says Frances Rogers of Liebert Cassidy Whitmore.

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • Iskanian V. CLS Will Continue To Divide Calif. Courts

    Regina Silva

    The U.S. Supreme Court's recent denial to hear Iskanian v. CLS Transportation Los Angeles LLC means it remains good law and is binding on all state courts. However, since California federal courts appear to have no intention of following the opinion, legal observers should expect significant forum-shopping by litigants going forward, says Regina Silva, senior counsel at Tyson & Mendes LLP and a former prosecutor.

  • 10 Ways To Mitigate Risk From Consumer Class Actions

    Kara L. McCall

    Consumer product companies are increasingly vulnerable to class action litigation, especially over performance claims and ingredient or content labeling. To reduce litigation risks companies should identify all actual and perceived advertising and packaging claims and analyze the strength of them under federal, state and common law, say Kara McCall and Elizabeth Chiarello of Sidley Austin LLP.

  • Looking At Angles Of Liability After A Cyberattack

    Thomas B. Caswell III

    Individual or class claims from employees against their employers after a cyberattack could be based on state or federal statutes and might include common law claims of negligence, invasion of privacy, breach of express or implied contract or misrepresentation. As this area of litigation expands we are likely to see additional causes of action develop, say Thomas Caswell and Judith Langevin of Zelle Hofmann Voelbel & Mason LLP.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Pa. Superior Court Should Change Its Publishing Policy

    Robert N. Feltoon

    Although the Pennsylvania Superior Court’s caseload is staggering, and the majority of its decisions properly may be written for the parties alone, the court should reconsider the standards under which it decides whether to publish its decisions and publish more of them, particularly where the litigants persuasively demonstrate that the decision is likely to impact other cases, say Robert Feltoon and Jeannette Brian of Conrad O’Brien PC.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. shows that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • D&O Coverage May Be An Asset During Data Breaches

    Sabrina N. Guenther

    While there have so far been no reported cases regarding the application of directors and officers policies to class actions arising out of data breaches, D&O policies are designed to cover acts that directors and officers perform in their jobs and the allegations in the Target Corp., Sony Pictures Entertainment Inc. and other lawsuits fall directly within that purpose, say Matthew Jacobs and Sabrina Guenther of Jenner & Block LLP.