Class Action

  • August 20, 2014

    Blind Taxpayer Loses Cert. Appeal In Calif. Bias Suit

    A California appellate panel on Tuesday affirmed a lower court's decision declining to certify a proposed class of vision-impaired taxpayers suing the state tax board for allegedly failing to provide tax notices in accessible formats like Braille and large print.

  • August 19, 2014

    Skechers Pays $1.2M To Settle Missed Break, OT Class Action

    A California judge on Tuesday tentatively approved a $1.2 million settlement to resolve class claims by about 4,800 Skechers USA Inc. employees who alleged the shoe retailer failed to pay them for overtime worked and deprived them of meal and rest breaks.

  • August 19, 2014

    College Profs Seek Final OK Of $19.5M Retirement Row Deal

    College professors accusing retirement funds of profiting off their savings by delaying trades asked a Vermont federal judge to approve a $19.5 million settlement in their Employee Retirement Income Security Act consolidated class action on Tuesday, almost six months after he granted preliminary approval.

  • August 19, 2014

    Susser, Shareholders Work Out Deal Over $1.8B ETP Merger

    Texas-based convenience store and fuel retailer Susser Holdings Corp. said Monday that it has reached a deal to potentially settle two putative shareholder class actions in Delaware court, which are challenging Susser's $1.8 billion merger with Energy Transfer Partners LP.

  • August 19, 2014

    Tyson Can't Escape $4M Damages, Fees In Don-Doff Suit

    A Tenth Circuit panel on Tuesday rejected Tyson Foods Inc.’s attempts to reverse a $4 million verdict and attorneys’ fee award in an employee class action over unpaid wages for time spent putting on protective equipment, finding there was enough evidence to support the jury’s finding.

  • August 19, 2014

    Schreiber Foods Wins Exit From Milk Price-Fixing MDL

    Schreiber Foods Inc., one of the world's largest cheese manufacturers, escaped an antitrust class action on Monday after an Illinois federal judge found no evidence that the company conspired with a leading dairy cooperative to drive up raw milk prices.

  • August 19, 2014

    Foreign Workers Seek Nod On $1.8M TruGreen Wage Deal

    Former foreign workers who say TruGreen Landcare LLC fails to pay minimum wage by not reimbursing them for visa and travel costs urged a New York federal court Monday to grant final approval to their $1.8 million collective and class action settlement with the landscaping company.

  • August 19, 2014

    Judge Clears Way For Settlement In BofA, US Bank RMBS Suit

    A New York federal judge on Monday made way for a settlement by Bank of America NA and U.S. Bank NA of an investor suit over residential mortgage-backed securities, finding the pending deal makes moot a bid to certify a class of investors who alleged the banks failed in their role as the trustees of pools of the securities.

  • August 18, 2014

    5 Questions Before Cos. Enter Worker Arbitration Deals

    The California Supreme Court’s Iskanian ruling solidifying the enforceability of class waivers in arbitration agreements is likely to encourage employers to draw up such deals, but some companies may find that even with the added benefit of a provision barring class actions, arbitration agreements may not be in their best interest. Here are five questions companies should ask themselves before drafting arbitration deals.

  • August 18, 2014

    Kindred To Pay $16.5M To Settle Workers' Wage Class Action

    Kindred Healthcare Inc. on Monday said it would pay $16.5 million to end thousands of hospital workers’ class action allegations that the hospital giant violated state labor laws by not paying for late hospital shifts and missed meal breaks.

  • August 18, 2014

    Merisant, Whole Earth To Alter Pure Via Label In $1.65M Deal

    Merisant Co. and Whole Earth Sweetener Co. have agreed to pay $1.65 million and overhaul their marketing and labeling of Pure Via in order to settle a class action in California federal court that claimed the companies duped consumers into believing the sweetener mainly contained natural compounds from the stevia plant.

  • August 18, 2014

    NY Times Exits Subscription Fraud Class Action

    The New York Times Co. on Monday was dropped from a putative class action in New York federal court claiming it turned a blind eye to a subscription fraud scheme orchestrated by an outside vendor, although co-defendants Dow Jones & Co. and Forbes Inc. remain in the suit.

  • August 18, 2014

    Lee Publications Strikes $3.2M Deal With Paper Carriers

    Lee Publications Inc. agreed to a $3.2 million class action settlement in a 6-year-old suit brought by home-delivery newspaper carriers who said they were misclassified as independent contractors and weren't properly reimbursed for expenses, the workers told a California federal court Friday.

  • August 18, 2014

    Furniture Supplier Settles With Purchasers In Price-Fixing MDL

    Furniture components producer Leggett & Platt Inc. has agreed to settle with a class of direct purchasers who accused it of conspiring to fix prices on flexible polyurethane foam, according to a document filed Friday in Ohio federal court.

  • August 18, 2014

    9th Circ. Won't Send B&N Tablet Sale Row To Arbitration

    The Ninth Circuit on Monday refused to send to arbitration a putative class action alleging Barnes & Noble Inc. violated false advertising laws by canceling thousands of online orders for discounted Hewlett-Packard Co. tablets, ruling the plaintiff didn't assent to the website's terms of use.

  • August 18, 2014

    Banks’ Personal Jurisdiction Defense In Libor Suit Stands

    A New York federal judge on Monday said he wasn’t ready to rule on dismissal bids by Deutsche Bank AG and several other banks accused of conspiring to fix yen-denominated Libor rates, saying he wanted to hear oral arguments on the defendants’ motions to dismiss for lack of personal jurisdiction.

  • August 15, 2014

    MF Global Can't Escape Ex-Workers' WARN Complaint

    A New York federal judge Thursday revived a complaint brought by former employees of MF Global Holdings USA Inc. alleging the bankrupt brokerage failed to give them notice of impending layoffs under the federal and New York WARN acts, saying the Southern District’s bankruptcy court erred in tossing the case.

  • August 15, 2014

    Brigham Investors Lose Class Cert. In Suit Over Statoil Buy

    A Texas appeals court on Friday decertified a class of Brigham Exploration Co. shareholders who alleged the company was undervalued in its $4.4 billion acquisition by Statoil ASA, finding a trial judge hadn’t adequately considered the companies’ pled defenses.

  • August 15, 2014

    Blue Shield Beats Suit Over Hefty HIPAA Policy Premiums

    A California judge on Friday dismissed a putative class action claiming Blue Shield of California overcharged customers for individual Health Insurance Portability and Accountability Act policies, saying the insurer’s interpretation of California’s rate cap on such policies is a reasonable reading of ambiguous state law.

  • August 15, 2014

    SCANA To Fork Over $6.5M In Plan Switch Class Action

    SCANA Energy Marketing Inc. will pay $6.5 million to settle a proposed class action accusing the natural gas company of overcharging customers through a surreptitious plan switch and then lying about the unlawful billing scheme, according to a motion filed Thursday in Georgia federal court.

Expert Analysis

  • Class Certification In A Post-Halliburton II World

    Mark I. Gross

    After the U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund Inc., the landscape for securities fraud class actions has been altered with the addition of price impact to analysis, which will certainly keep testifying experts busy for the foreseeable future, says Marc Gross of Pomerantz LLP.

  • Defendants, Not Plaintiffs, Drive Up Class Action Costs

    Fred T. Isquith

    Halliburton and its amici contend that securities class actions allow plaintiffs to extort large settlements from defendants for meritless claims and impose excessive costs on businesses, but it is defendants and their counsel that have turned each aspect of such cases into an arena of hand-to-hand combat with no expenses spared, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Growing Insistence Among Courts For Ascertainability

    David E. Kouba

    The Third Circuit's ruling in Carrera v. Bayer Corp. has proven to be no outlier as federal courts — with growing frequency — are rejecting class certification where class members lack receipts and other objective proofs of purchase, say David Kouba and Carolyn Pearce of Arnold & Porter LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • FDA's Primary Jurisdiction Won't Save Food Manufacturers

    Theodore E. Tsekerides

    It is becoming increasingly likely that all-natural food labeling disputes will have to be battled on a case-by-case and court-by-court basis, with no guarantee of uniform results, say Theodore Tsekerides and Melody Akhavan of Weil Gotshal & Manges LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • NY Consumer Suit Provides Persuasive Law For Restaurants

    Gerald L. Maatman

    District Judge Katherine Failla’s practical approach to a novel question in Dimond v. Darden Restaurants has likely stemmed the tide of copycat litigation that would surely have plagued restaurant owners in New York if the deceptive-practice suit had been allowed to proceed, say Gerald Maatman Jr. and Gina Merrill of Seyfarth Shaw LLP.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • 5 Tips For Targeting Pleadings In Consumer Class Actions

    Jennifer A. Ratner

    Recent decisions demonstrate that defendants in consumer fraud class actions should continue to pursue motions to dismiss and press plaintiffs to sufficiently articulate facts — success can reduce costs and exposure before discovery and class certification, say Jennifer Ratner and Amy Lally of Sidley Austin LLP.