Class Action

  • June 1, 2015

    Justices Nix Bridgestone Bid To Topple Calif. PAGA Ruling

    The U.S. Supreme Court on Monday refused to hear Bridgestone Retail Operations LLC’s bid to overturn a California Supreme Court ruling that found Private Attorneys General Act claims cannot be waived in employment arbitration agreements, letting stand a precedent established by the landmark Iskanian ruling.

  • June 1, 2015

    Insurer Settles Rate-Hike Class Action For $42.5M

    Phoenix Life Insurance Co. has agreed to pay $42.5 million and freeze its “cost of insurance” rates for five years to resolve allegations that the company unfairly raised rates on premium-adjustable universal life insurance policies, according to documents filed Friday in New York federal court.

  • June 1, 2015

    Workers Can't Sue Hospital For Data Breach, Pa. Judge Says

    A Pennsylvania state judge has tossed a proposed class action accusing the University of Pittsburgh Medical Center of failing to safekeep its employees’ personal information that was stolen during a data breach, saying that the employees couldn’t sue for damages since they sustained only economic losses.

  • June 1, 2015

    Philips, Others Pay $528M To Settle CRT Price-Fixing Claims

    Philips Electronics North America Corp., Panasonic Corp., Samsung SDI Co. Ltd. and two other electronics makers have agreed to pay $528 million to settle class action claims that they fixed cathode ray tube prices, indirect purchasers said Friday.

  • May 29, 2015

    DHL Can Drive Away From WARN Act Claims, 11th Circ. Says

    The Eleventh Circuit ruled Friday that delivery service DHL Express (USA) Inc. does not have to face an employee's claims that it laid off numerous workers at a Birmingham, Alabama, facility without proper notice, saying that a lower court correctly ruled that the minimum threshold to qualify as a mass layoff was not met.

  • May 29, 2015

    Privacy Suit Judge Recuses Self After Own Data Breached

    A Florida federal judge gave up overseeing a proposed class action over a health care data breach Friday after receiving a letter from the defendants telling her that her own information had been accessed in the incident.

  • May 29, 2015

    AOL Defeats 'Wrong Number' TCPA Messaging Suit

    A California federal judge threw out a proposed class action Friday claiming AOL Inc. violated the Telephone Consumer Protection Act by allowing its instant messaging service to send unwanted texts, saying in a prehearing order that the privacy law didn't apply to the messages.

  • May 29, 2015

    Labaton On 'Quest For Ignorance' In Millennial IPO Suit

    A New York federal judge blasted Labaton Sucharow LLP for its handling of confidential witnesses while dismissing a shareholder class action over mobile advertiser Millennial Media Inc.’s $152 million initial public offering, suggesting that attorneys were on a “quest for ignorance” when constructing their complaint.

  • May 29, 2015

    Atty Can't Dodge Volvo's Altered Doc Sanction Bid

    A Pennsylvania federal judge on Thursday let Volvo Car UK Ltd. exit a $5 million putative class action claiming the automaker’s North American and U.K. arms sold cars with defective side-impact protection, while refusing to strike a bid to sanction the plaintiffs' attorneys for allegedly altering a document.

  • May 29, 2015

    H-2A Workers Win On Joint Liability In Fruit Farm Wage Row

    After a six-day bench trial, a Florida federal judge ruled Thursday that an orange grove and its employment subcontractor are joint employers of a certified class of H-2A workers and thus jointly responsible for the subcontractor's actions.

  • May 29, 2015

    Texas Justices Open Door To Close-Held Corp. Derivative Suits

    The Texas Supreme Court ruled Friday that a state law does not present any clear hurdles to Lone Star State shareholders who wish to launch derivative suits against closely held corporations, affirming an appellate court’s decision to revive claims against mining outfit United Salt Corp.

  • May 28, 2015

    Lyft, Uber Skirt Miami Public Endangerment Suit

    Uber Technologies Inc. and Lyft Inc. got a putative class action dismissed Thursday, when a Florida federal judge ruled that a Miami regulation on for-hire vehicles does not create a private cause of action and that no law violations were identified in claims the companies' drivers endangered the public.

  • May 28, 2015

    Paying The Price For Pay-For-Delay: Cephalon's 7-Year Saga

    With a $1.2 billion settlement on Thursday ending the Federal Trade Commission’s long-running case against Cephalon Inc. for allegedly paying rivals to hold off selling generic versions of the narcolepsy drug Provigil, Law360 takes a look back at the seven-year antitrust fight.

  • May 28, 2015

    Allergan Shakes Shareholders' Off-Label Botox Case

    A California federal judge Wednesday tossed a derivative shareholder suit accusing Allergan Inc.’s board members of improperly marketing the cosmetic drug Botox for off-label uses after a voluntary dismissal by the plaintiffs, who the pharmaceutical giant argued no longer had standing following an acquisition by Actavis PLC.

  • May 28, 2015

    FTC Health Care Chief: $1.2B Cephalon Deal A Strong Warning

    Cephalon Inc.'s promise to settle patent litigation without using side deals to get reverse payments as part of a $1.2 billion agreement with the Federal Trade Commission sends a "strong and important" message to the rest of the industry to change its behavior, FTC health care chief Markus Meier told Law360 on Thursday.

  • May 28, 2015

    King & Spalding Will Pay $4.62M To Settle Condo Deal Fight

    King & Spalding LLP has agreed to pay $4.62 million to settle a putative class action accusing the firm and others of violating consumer protection law by botching the settlement of a condominium contract suit, according to a Wednesday filing in California federal court.

  • May 28, 2015

    Old Chrysler Squashes Clutch Maker's Adversary Suit

    Auto parts manufacturer FTE Automotive USA Inc. failed Thursday in a bid for declaratory judgment in New York federal court that it doesn’t have to provide liability insurance to Old Chrysler in a proposed class action in Texas over allegedly defective clutches FTE sold to the automaker before it went bankrupt.

  • May 28, 2015

    Workers Win Cert. In Suit Over SEIU Political Expenses

    A California federal judge has granted class certification to a group of nonunion California civil servants challenging the Service Employees International Union's practice of deducting money for political activities from employees' wages unless they annually opt out.

  • May 28, 2015

    Pratt & Whitney Escapes Asbestos MDL Over Suppliers' Parts

    A Pennsylvania federal judge on Wednesday predicted that state law will release companies from liability for asbestos contained in components used in their products unless they knew of the material’s health risks when their products were sold, granting Pratt & Whitney’s motion for summary judgment in a mesothelioma case.

  • May 28, 2015

    Target Must Reveal Info On Past Data Breaches, Judge Says

    Target Corp. has to tell financial institutions suing over the retailer's massive 2013 data breach whether it suffered similar attacks in the past and if so, how it responded to them, a Minnesota federal judge ruled in the multidistrict litigation Wednesday.

Expert Analysis

  • Calif. High Court's Cipro Ruling Is A Relief For Pharma Cos.

    Christopher Kelly

    The oral argument in the California Supreme Court's Cipro case left observers expecting — and the pharmaceutical industry fearing — that the court might one-up the U.S. Supreme Court’s decision in Actavis and impose a stringent new antitrust test for Hatch-Waxman settlements. Instead, the decision hewed closely to Actavis, say Christopher Kelly and Colleen Tracy James of Mayer Brown LLP.

  • 1st Circ. Strengthens Preemption For Brand-Name Drug Cos.

    M. Joseph Winebrenner

    The First Circuit's decision in the matter of Celexa and Lexapro Marketing and Sales Practices Litigation represents a significant victory for brand-name drug manufacturers because it is the first time since Wyeth v. Levine that a federal appellate court has applied “impossibility” preemption in the context of brand-name pharmaceuticals, say Joseph Winebrenner and Nicholas Teichen of Faegre Baker Daniels LLP.

  • Combating Commonalities In Toxic Tort Class Actions

    Sean P. Wajert

    Class action plaintiffs in toxic tort litigation have frequently asserted that a nuisance theory supports class certification more readily than more common tort causes of action. Analysis in Mitchell McCormick v. Halliburton Co. clearly explains why that is not necessarily the case, as the issues of exposure and injury remain predominant individual issues, says Sean Wajert of Shook Hardy & Bacon LLP.

  • Sales Tax Class Actions Raise Red Flags For Retailers

    Benjamin A. Blair

    Recently filed class actions against national retailers have capitalized on confusion over sales taxes and coupons, where customers allegedly presented a manufacturer-issued coupon that did not have language shifting the tax burden to the customer. These lawsuits risk upending an industry built on efficient practices and customer convenience, say Francina Dlouhy and Benjamin Blair of Faegre Baker Daniels LLP.

  • Law Firms Could Learn A Lot From The NFL Draft

    Mark Levin

    The NFL draft is the culmination of months of research and often years of watching top player prospects, all in the hopes of making the right decision on draft day and assembling the right athletes for a shot at a championship season. Law firm management, does this sound familiar to you? asks Mark Levin, co-founder of The Right Profile LLC and a former chief business development officer for two Chicago law firms.

  • What Really Is The FCRA's 'Willfulness' Standard?

    Galit A. Knotz

    By adhering closely to the Fair Credit Reporting Act's requirements, an employer can increase its chance of using a reasonable interpretation of the law as a sword in attacking claims of "willfulness" at an early stage of class action litigation, says Galit Knotz of Akin Gump Strauss Hauer & Feld LLP.

  • To Certify, Or Not To Certify, That Is The Question

    Charles M. Cannizzaro

    While interjurisdictional certification may seem like a great solution for murky and debatable issues of state law, it often requires a heightened attention to detail and a sophisticated understanding of appellate rules. Once appellate lawyers initiate this process, they also risk losing control over the issues presented and the ability to moot an issue on appeal, says Charles Cannizzaro of Robins Kaplan LLP.

  • Going Meta: A Class Of Class Counsel

    Andrew D. Carpenter

    The logic in Downing v. Riceland Foods Inc., a very meta class counsel class action filed in a receptive multidistrict litigation transferee court with firsthand knowledge of the equities of the common benefit contribution scheme, looks like a viable way to turn out the pockets of recalcitrant state court free riders, says Andrew Carpenter of Shook Hardy & Bacon LLP.

  • Mach Mining Is More Than Meets The Eye For Employers

    Shaleen D. Brewer

    While at first blush the U.S. Supreme Court's decision in Mach Mining LLC v. U.S. Equal Employment Opportunity Commission appears to be a victory for employers and a blow to the EEOC's ostensibly limitless power to bring suit to remedy alleged discriminatory practices, the scope of the court’s judicial review is limited, says Shaleen Brewer of Buchalter Nemer PC.

  • Lessons From The Target Data Breach Settlement

    Stephen Rossi

    In the case of Target’s Corp.'s data breach, at least 40 million customers’ credit and debit card numbers were stolen, and the personal information of as many as 110 million people was compromised. But the recent $10 million settlement equates to less than 10 cents per victim. The practical problem with consumer data breach class actions is that most consumers do not suffer large injuries, says Stephen Rossi of Irell & Manella LLP.