Class Action

  • September 29, 2014

    Medtronic Can't Shake Investors' Claims Of Tainted Studies

    A Minnesota federal judge on Monday refused to throw out the bulk of a securities class action alleging Medtronic Inc. downplayed problems with its bone graft products, saying the investors’ allegations that the medical device maker manipulated studies to drive up its stock price are adequate.

  • September 29, 2014

    Wal-Mart Can't Escape Suit Over Mexico Bribery Allegations

    An Arkansas federal judge on Friday denied a bid from Wal-Mart Stores Inc. and its former CEO to dismiss a proposed class action alleging the retailer concealed Mexican bribery allegations from shareholders, ruling claims that Wal-Mart intentionally withheld the information from a regulatory filing are "plausible."

  • September 29, 2014

    GEICO Wins Round In TCPA Robocall Suit

    A Florida federal judge on Friday denied class certification in a Telephone Consumer Protection Act suit accusing Government Employees Insurance Co. and an affiliated debt-collection company of repeatedly making unauthorized robocalls to consumers, finding the plaintiff hadn’t supplied enough evidence on the purported class’s size.

  • September 29, 2014

    Fed Workers Lose Class Cert. Bid In 16-Year Race Bias Suit

    A Washington, D.C., federal judge on Monday refused to certify a putative class of black and Native American secretaries and clerical workers in a contentious, 16-year lawsuit alleging the Board of Governors of the Federal Reserve System racially discriminated against them, saying the claims are individualized.

  • September 29, 2014

    ATP Oil Execs Escape Suit Over $1.5B Note Exchange

    A Louisiana federal judge on Friday tossed a consolidated securities class action alleging bankrupt ATP Oil & Gas Corp.’s top executives misled investors ahead of a $1.5 billion note exchange about its liquidity and business prospects following drilling moratoriums enacted after the Deepwater Horizon oil spill.

  • September 29, 2014

    10th Circ. Affirms Dow's $1B Price-Fixing Judgment

    The Tenth Circuit on Monday affirmed the jury verdict supporting a $1.06 billion judgment against Dow Chemical Corp. in a customer class action accusing the company of fixing prices on polyurethanes, finding that plenty of evidence supported the damages and that a Kansas federal court properly certified the class.

  • September 29, 2014

    3rd Circ. Upholds $3M Nutella False Marketing Settlement

    The Third Circuit on Monday upheld the approval of a $3 million settlement offer by Ferrero USA Inc. to resolve consumer claims over allegedly misleading ads for its Nutella spread, after class members objected to the proportion of a previous $5.5 million proposal that was earmarked for class counsel.

  • September 29, 2014

    High Court Reverses Decision To Hear IndyMac Appeal

    The Supreme Court on Monday revoked its granting of cert in a dispute over whether a tolling provision should apply to certain securities suits, just days after the litigants said a settlement in the underlying class action wouldn’t impact the appeal.

  • September 29, 2014

    Twin City Off The Hook For Potato Exec's Antitrust Defense

    A North Dakota federal judge on Friday ruled that Twin City Fire Insurance Co. properly denied defense costs to the chairman of Idahoan Foods LLC after he was sued for fixing the price of potatoes, finding the underlying class actions do not accuse him of committing a “wrongful act” as defined in the policy.

  • September 26, 2014

    Chancery Allows Early Appeal In $255M Cornerstone Deal Suit

    A Delaware Chancery judge on Friday allowed Cornerstone Therapeutics Inc. director defendants to appeal his ruling that kept them on the hook for breach of fiduciary duty claims related to Chiesi Farmaceutici SpA's $255 million buyout of the company, as the investor lawsuit moves forward.

  • September 26, 2014

    3rd Circ. Kills ERISA Suit Against John Hancock

    The Third Circuit on Friday backed the dismissal of a putative class action accusing John Hancock Life Insurance Co. and affiliates of charging excessive service fees on 401(k) plans, finding that participants failed to show John Hancock was a fiduciary under the Employment Retirement Income Security Act.

  • September 26, 2014

    ING Kickback Settlement Worth $415M Gets Final OK

    A Connecticut federal judge on Thursday approved ING Life Insurance and Annuity Co.’s settlement worth $415 million to end a class action accusing the insurer of forming revenue sharing agreements with mutual funds that amounted to kickbacks and violated the Employee Retirement Income Security Act.

  • September 26, 2014

    Ohio Suits In Asbestos MDL Booted For Lack of Jurisdiction

    A Pennsylvania federal judge overseeing multidistrict asbestos litigation brought by merchant marines ended 225 of their suits in a decision published Thursday, saying it lacked jurisdiction over the defendant companies because they had never shipped in Ohio, where the suits were brought.

  • September 26, 2014

    Laundry Co. Pays $3M To Settle OT Class Action In Calif.

    Laundry company Angelica Textile Services Inc. has agreed to pay $3 million to resolve claims it failed to fully pay overtime to hourly employees, according to a class action settlement approved Thursday by a federal judge in California.

  • September 26, 2014

    'Puzzle Pleading' Kills Accretive Shareholder Complaint

    An Illinois federal judge on Thursday tossed an Accretive Health Inc. shareholder derivative suit alleging the hospital billing company overstated its financial statements for nine quarters, blasting the plaintiff's use of confusing "puzzle pleading" in the complaint.

  • September 26, 2014

    Ala. Hospital Can't Escape Data Breach Class Action

    An Alabama federal judge on Friday refused to toss a putative class action against Flowers Hospital over an employee's theft of sensitive patient information, giving the plaintiffs an opportunity to amend their claims.

  • September 26, 2014

    Judge Won't Split Class Action Over ATP $1.5B Note Exchange

    A Louisiana federal judge on Friday refused to split a consolidated securities class action alleging the bankrupt ATP Oil & Gas Corp. misled investors ahead of a $1.5 billion notes exchange about its liquidity and business prospects following drilling moratoriums enacted after the Deepwater Horizon oil spill.

  • September 26, 2014

    Apple Can't Eject Consumers' ITunes Monopoly Suit

    Apple Inc. can’t exclude the plaintiffs’ expert testimony in a consumer antitrust class action accusing the company of monopolizing the digital-music market with a software update that forced customers to buy music from iTunes, according to a Friday ruling in California federal court.

  • September 26, 2014

    Nippon Cargo To Settle Air Cargo Price-Fixing MDL

    Nippon Cargo Airlines has reached a deal with plaintiffs to settle a long-running putative class action claiming the carrier conspired with other airlines to hike air cargo rates during much of the 2000s, the parties told a Brooklyn federal court Friday.

  • September 26, 2014

    Android Users Drop Privacy Class Action Against Google

    A group of Android users have dropped their putative class action accusing Google Inc. of collecting and sharing user data through its Android mobile operating system without consent, according to an order signed by a California federal judge Friday that said no money has been exchanged for the dismissal.

Expert Analysis

  • Perils Of Communicating With Customers By Phone Or Text

    Given the large number of calls that can be made electronically, damages for Telephone Consumer Protection Act violations can run into the millions. In this short video, Sutherland partner Lewis Wiener discusses the TCPA and how businesses that communicate with customers by phone or text may be impacted.

  • Capital One's Record Settlement May Spur More TCPA Suits

    Lewis S. Wiener

    As with the growing trend of high-dollar settlements that preceded it, Capital One Financial Corp.'s recent $75 million Telephone Consumer Protection Act-related settlement — the largest yet — only makes it more likely that there will be an uptick in such class actions and related individual cases, say attorneys at Sutherland Asbill & Brennan LLP.

  • Call And Record Me Maybe: The State Of CIPA Class Actions

    Ryan C. Nier

    The opinion in Young v. Hilton Worldwide Inc. signals a significant shift away from case law trending dangerously toward liability for California companies recording calls for service monitoring, say Ryan Nier and Elizabeth Dorsi of Paul Hastings LLP.

  • Texas Agrees, 'I Agree' Clause Can Mandate Arbitration

    Richard Raysman

    If a Texas appellate court had found the particular clauses of intent within a contractual agreement between independent representatives and their employer in Momentis U.S. Corp. v. Weisfeld insufficient for the purposes of contract formation then it would likely have undone the balance of online contracts, says Richard Raysman of Holland & Knight LLP.

  • Tips For Restaurants (And Counsel) In A Gluten-Free World

    Kristen E. Polovoy

    Many food industry players want a piece of the $10.5 billion pie of the gluten-free food sector. Counsel who advise food sellers and restaurants that are considering use of “gluten-free” labels should educate themselves and their clients on several key issues, says Kristen Polovoy of Montgomery McCracken Walker & Rhoads LLP.

  • 9th Circ. Is Stuck In The '90s On Internet Terms Of Use

    Katherine Gasztonyi

    The Ninth Circuit's recent decision in Nguyen v. Barnes & Noble Inc. relies on the assumption that people don’t know about the existence of website terms of use. That might have made sense in, say, 1996, but this is simply no longer the case, say attorneys with Covington & Burling LLP.

  • Contention Over EEOC Conciliation Continues

    Gerald L. Maatman

    U.S. Equal Employment Opportunity Commission v. New Prime Inc. demonstrates that the U.S. Supreme Court's eventual ruling in Mach Mining will be a game changer for employers since the EEOC's current position basically claims that courts should simply take the commission's word when its claimed to have negotiated in good faith, say Gerald Maatman Jr. and Howard Wexler of Seyfarth Shaw LLP.

  • 4th Circ. RJR Pension Case Could Change ERISA Landscape

    Myron D. Rumeld

    If the Fourth Circuit's reasoning in Tatum v. RJR Pension Investment Committee is adopted elsewhere the case could substantially impact the future conduct of fiduciary breach litigation as well as plan practices in administering stock funds, say Myron Rumeld and Russell Hirschhorn of Proskauer Rose LLP.

  • Big Data's Potential Disparate Impact Problem

    David J. Walton

    While big data can help eliminate individual biases in an employer's hiring process, the potential for disparate impact litigation arising from data analytics is real and imminent — even a program that is neutral on its face could result in disparate impact on protected classes, says David Walton of Cozen O'Connor PC.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.