Class Action

  • October 22, 2015

    Ill. Supreme Court Certifies Class In Pharmacy Junk Fax Suit

    The Illinois Supreme Court granted certification Thursday to a class of junk fax recipients claiming a pharmacy violated the Telephone Consumer Protection Act, overturning a ruling that the class representative's certification motion wasn't sufficient to keep an offer of relief from undermining the claim.

  • October 22, 2015

    Dollar Tree Wage Deal Denied Again Over Lopsided Fees

    A Virginia federal judge on Wednesday refused to approve a $300,000 settlement between Dollar Tree and a group of employees claiming they were denied off the clock and overtime pay, saying for the second time in three months that $1.9 million in proposed legal fees is not supported by the deal or evidence.

  • October 22, 2015

    GM Wins Court's Favor In Unpaid Religious Days Row

    A Texas federal judge on Wednesday freed General Motors from a putative employee class action accusing the automaker of religious discrimination, saying the workers who brought the suit failed to adequately define class membership or base inclusion on any objective criteria.

  • October 22, 2015

    Etsy Investor Suit Over IPO Fraud Sent Back To State Court

    A California federal judge on Wednesday handed a win to an Etsy shareholder by remanding to state court a securities fraud suit over the company's initial public offering, saying amendments to securities law prohibited the removal of the suit to federal court in the first place.

  • October 21, 2015

    Amazon Succeeds In Pushing Pricing Suit Into Arbitration

    A California federal court dismissed a proposed class action claiming Amazon inflates the competing prices of its products to make discounts seem heftier and ordered the case into arbitration, saying the customers agreed to arbitrate by accepting an agreement at point of sale with the company.

  • October 21, 2015

    JPMorgan Gets $10.2M Robocall Deal OK'd Over Objections

    An Illinois federal judge granted final approval Wednesday of a $10.2 million settlement for a 2.2 million-person class suing JPMorgan for robocalls to their cellphones, over objections from two class members that the payout is too small, according to a minute entry.

  • October 21, 2015

    Eaton Scores Abrupt Win As Antitrust Suit Axed In Cert. Ruling

    A Delaware federal judge on Wednesday dismissed an antitrust suit against transmission supplier Eaton Corp. and other companies in an order denying certification to a proposed class of truck buyers, saying they had not shown convincing evidence of a conspiracy between Eaton and truck manufacturers resulting in increased prices.

  • October 21, 2015

    Duke Energy To Pay $81M To End Antitrust Suit Over Rebates

    Duke Energy Corp. said Wednesday it agreed to pay $80.9 million to resolve an antitrust class action filed in Ohio federal court accusing the energy company of giving corporate customers a competitive advantage via illegal rebates.

  • October 21, 2015

    Axis Needn't Cover Martin Midstream Parent, 5th Circ. Says

    The Fifth Circuit on Wednesday sided with Axis Insurance Co. by affirming it had no duty to pay back the defense costs its policyholder Martin Resource Management Corp. incurred during an underlying shareholder derivative suit because the company’s primary insurance policy limit hadn’t been exhausted yet.

  • October 21, 2015

    Anheuser-Busch Beck's Beer False Ad Suit All Bottled Up

    A Florida federal judge gave final approval Tuesday of a settlement of up to $20 million to be paid by Anheuser-Busch after it was accused by a putative class of consumers of marketing domestically brewed Beck’s beer as a German import, class counsel confirmed.

  • October 20, 2015

    Beauty School Escapes Suit Claiming It Owes Students Wages

    A California federal judge has dismissed a suit from three cosmetology and haircutting students who sought to represent a putative class of people claiming they should receive wages from their schools because they were more workers than pupils.

  • October 20, 2015

    Allergan Can't Escape Botox Antitrust Suit

    A California federal judge on Tuesday refused to toss a surgical center's proposed class action accusing Allergan of licensing a Korean-made drug arguably superior to its Botox treatment in order to unlawfully keep Botox prices high, saying the center adequately alleged the deal resulted in direct buyers paying higher prices.

  • October 20, 2015

    GM Denied Bigger Chunk Of $104M Steel Antitrust Settlement

    An Illinois federal judge Tuesday approved the distribution of $104 million to steel buyers who claim some of the world’s top producers conspired to rig the price of the metal, overruling an objection by class member General Motors that it was owed a greater share of the settlement.

  • October 20, 2015

    Sony To Pay Up To $4.5M To Settle Employees' Breach Suit

    Sony Pictures agreed to pay at least $2 million and up to $4.5 million to settle claims by a proposed class of employees whose personal information on the company's systems was hacked, according to a motion filed in California federal court Monday.

  • October 20, 2015

    Cymbalta Claims Too Different For Class Actions, Judge Says

    An Indiana federal judge on Monday found that the claims of consumers in two consolidated proposed class actions alleging Eli Lilly & Co. concealed the withdrawal risks of its antidepressant Cymbalta should be severed into separate complaints, saying the claims are too highly individualized to be combined.

  • October 20, 2015

    Wal-Mart Settles With Women In Fla. Gender Bias Suit

    Wal-Mart has settled a regional gender discrimination suit filed against it by women in a Florida federal court, resolving claims lodged after the U.S. Supreme Court’s landmark Dukes decision disbanded a nationwide class.

  • October 19, 2015

    Assurant, US Bank Settle In Force-Placed Insurance Suit

    U.S. Bank and an Assurant subsidiary on Friday inked a settlement with unknown terms with a putative class of home insurance consumers claiming in Minnesota federal court that the bank retroactively applied force-placed insurance and charged for a time period that had already passed.

  • October 19, 2015

    Purchasers Win Cert. Again In Blood Test Antitrust MDL

    A Pennsylvania federal judge on Monday recertified a class of buyers of reagents used in blood tests in multidistrict litigation alleging that a former Johnson & Johnson unit conspired with another company to fix prices on the reagents.

  • October 19, 2015

    Calif. Court Revives Cert. Bid For Nurses In Meal, OT Action

    A California state appeals court Friday revived a class certification bid by nurses alleging meal, rest break and overtime violations at two Los Angeles-area psychiatric hospitals, saying the lower court judge used flawed reasoning for denying certification and remanding the case.

  • October 19, 2015

    No Threat Of ID Theft In Uber Driver Data Suit, Judge Says

    A former Uber driver leading a potential class action accusing the company of allowing a data breach that leaked 50,000 drivers’ personal information failed to show that he faces an immediate threat of identity theft, a California federal judge ruled on Monday, dismissing the driver’s first amended complaint.

Expert Analysis

  • Calif.'s Post-Sanchez Unconscionability Doctrine

    Neil R. Bardack

    Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)

  • And Now A Word From The Panel: MDL Of The Century


    Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.

  • 10 Marketing Tips From A Young Partner Perspective

    Richard Segal.jpg

    No one ever told you in law school that once you received the highly coveted associate job in a big firm, that to really succeed at that job and climb the ranks quickly you need to take on a second job — marketing, says Richard Segal of Kluger Kaplan Silverman Katzen & Levine PL.

  • Calif. 'Made In USA' Class Actions Ain't Going Away

    Karen F. Lederer

    While a recent amendment to California's "Made in USA" law came as a relief to manufacturers who faced the threat of class action litigation over products with de minimis foreign content, it does not mean the end of potential class action litigation in the state, judging from the Federal Trade Commission's steady enforcement of a standard with some leeway, say Karen Lederer and Eric Unis of Troutman Sanders LLP.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.

  • 10 Questions To Ask Experts Working With Your Data

    Deborah K. Foster

    While proper in-house data security processes and mechanisms are essential, it is equally important for businesses to understand how their sensitive data is treated when sent to third-party data processors. This is particularly true given the number of parties that may touch a business’ sensitive data over the course of litigation, say economists at Edgeworth Economics LLC.

  • Kickstarting Information Governance: 3 Ideal Pilot Projects

    Helen Geib

    Picking the low-hanging fruit of old backups, archives and legacy data is an excellent starting point for better information governance, says Helen Geib, general counsel for QDiscovery.

  • 5th Circ. Takes Risk Out Of 'Materialization Of The Risk'

    Michael J. Biles

    A recent Fifth Circuit opinion denying class certification in a securities suit filed against BP following the 2010 Deepwater Horizon explosion could spell the end for "materialization of the risk" cases — a favorite of the securities class action plaintiffs bar, says Michael Biles of King & Spalding LLP.

  • OPINION: 47 Million Clients, Every Lawyer's Dream

    Adam J. Halper Photo.jpg

    According to a 2014 ABA report, 40 percent of law graduates didn’t have full-time, long-term legal jobs 10 months after graduation. That’s a lot of underemployed, educated young people. With such dismal employment numbers for recent graduates, it’s tempting to think we need fewer lawyers. It turns out the opposite is true, say Adam Halper and Caroline Bersak of The Family Center.

  • 2nd Circ. Shows Difficulties Robinson-Patman Claims Face

    C. Scott Lent

    The Second Circuit's affirmation of a grant of summary judgment in Cash & Henderson Drugs v. Johnson & Johnson shows the difficult burdens that Robinson-Patman Act plaintiffs often face in litigating their claims and it reaffirms that, even when price discrimination occurs, a plaintiff must prove that it suffered harm from the discrimination, say C. Scott Lent and John Rackson of Arnold & Porter LLP.