Class Action

  • September 23, 2014

    Robbins & Myers Wins Toss Of Suit Over $2.5B Energy Merger

    An Ohio federal judge on Monday tossed a proposed shareholder class action against Robbins & Myers Inc. alleging the energy and pharmaceutical equipment manufacturer undervalued itself in a $2.5 billion merger with National OilWell Varco, ruling the plaintiff had sold his shares and had no standing to pursue the claims.

  • September 23, 2014

    Schaeffler's US Arm Can't Dodge Auto Parts Antitrust MDL

    A Michigan federal judge refused Tuesday to let German bearings manufacturer Schaeffler AG's U.S. unit exit the multidistrict litigation accusing auto parts makers of fixing the prices of bearings, saying it’s “plausible” the unit had directly participated in the conspiracy and attended secret meetings with other defendants.

  • September 23, 2014

    GNC, USPlabs Settle Class Action Over Recalled Supplements

    GNC Holdings Inc. and manufacturer USPlabs LLC agreed Monday to pay $2 million to settle a class suit in Florida over the sale of since-recalled diet supplements that have been linked to liver damage.

  • September 23, 2014

    Pa. Superior Court Nixes Gas Lease Middleman Class Action

    The Pennsylvania Superior Court agreed Tuesday to nix a putative class action accusing a company working as a middleman between landowners and drilling companies of violating securities laws by offering investment advice regarding lease deals without properly registering with the state.

  • September 23, 2014

    Audi, Volkswagen Pay $2.3M In Fees To End Engine Suit

    Volkswagen AG and Audi AG agreed to pay $2.3 million in attorneys’ fees and cover the costs of service repairs to end a putative class action alleging certain Audi A4 and A5 cars have defective engines that burn too much oil, according to a Monday filing in California federal court.

  • September 23, 2014

    DuPont Gets Partial Dismissal Of Indirect Buyers' Cartel Suit

    A California federal judge on Monday trimmed some of the claims in a putative class action alleging DuPont Co. and other chemical makers conspired to fix the price of a paint ingredient, finding that the indirect purchasers didn’t have standing to bring claims in all 32 states included in the suit.

  • September 23, 2014

    Judge Trims Safeway’s ‘All Natural’ Products Class Action

    A California federal judge tossed unjust enrichment and injunctive relief claims from a proposed class action alleging Safeway Inc. charges premium prices for food products falsely advertised as all natural, along with saying plaintiffs can’t rely on information not included on the products’ labels in their suit.

  • September 23, 2014

    HCA Shareholders Win Cert. In $4.3B IPO Suit

    A Tennessee federal judge on Monday certified a class of HCA Holdings Inc. shareholders who claim the health care giant, before its $4.3 billion initial public offering, failed to tell investors about unnecessary heart procedures performed in hospitals across the country.

  • September 23, 2014

    BSH Escapes Sanctions In Washing Machine Mold Row

    A California federal judge refused to penalize BSH Home Appliances Corp. on Monday for not preserving documents properly in a class action alleging a defect causes its washing machines to gather mold, but plaintiffs responded immediately by claiming new evidence had been uncovered to support their motion for sanctions.

  • September 23, 2014

    LCD Makers Evaded Antitrust MDL Court, Judge Says

    AU Optronics Corp. and others accused in a multidistrict litigation of conspiring to fix prices for LCD panels lost a bid Monday asking a Washington federal judge to toss claims by Costco Wholesale Corp. when he ruled they had attempted to evade an MDL court that already had rejected their legal arguments against antitrust damages.

  • September 22, 2014

    Yazaki To Pay $76M To Consumers In Price-Fixing MDL Deal

    Yazaki Corp. has agreed to pay $76 million to resolve claims brought against it by certain consumers in a multidistrict antitrust class action accusing the Japanese auto parts maker and several others of bid-rigging and fixing prices, according to documents filed by end-payor plaintiffs Monday.

  • September 22, 2014

    Judge Swats MLB's Bid For 2nd Circ. Appeal In Antitrust Row

    A New York federal judge on Monday rebuffed Major League Baseball's bid to immediately appeal her ruling that the league's antitrust exemption does not shield it from television subscribers' claims that it had conspired with cable providers to thwart broadcasting competition, saying the exemption is not a jurisdictional issue.

  • September 22, 2014

    HP To Pay $11.8M To Settle Overtime Suits With IT Workers

    Hewlett-Packard Co. has agreed to pay $11.8 million to settle claims that certain information and telecommunications employees were improperly denied overtime, along with various state law wage-and-hour allegations, according to an agreement filed in New York federal court on Friday.

  • September 22, 2014

    Care One Denied Bid For Atty Sanctions In TCPA Class Action

    A New Jersey federal judge on Monday rejected health care provider Care One LLC’s bid to sanction a plaintiff and his attorney for knowingly filing false statements in a proposed class action accusing the company of violating the Telephone Consumer Protection Act.

  • September 22, 2014

    BofA Skirts Claims It Misreported Discharged Debts

    A New York bankruptcy judge has dismissed class action allegations that Bank of America breached bankruptcy law by misreporting discharged consumer debts as still collectible in order to increase the value of the debt to collections agencies, ruling the complaint was not specific enough, according to a lawyer for the plaintiffs.

  • September 22, 2014

    Explosives Co.'s Insurers Can't Rule Out Blast Coverage

    A Louisiana federal judge refused to grant an early win Monday to insurers seeking a declaration they don’t have to defend a bankrupt explosives recycling company in class action litigation arising from an ammunition explosion, saying key facts and circumstances in the dispute have not been sufficiently explained.

  • September 22, 2014

    Nielsen $1M OT Settlement Revised After Judge Slammed Deal

    A putative class of more than 800 Nielsen Co. LLC employees claiming they were denied overtime and breaks cut down a proposed settlement to $1 million on Friday, responding to a California federal judge’s criticism that unclaimed money would go back to Nielsen.

  • September 22, 2014

    Insurer Exempt In $10M Settlement Of TCPA Fax Blast Case

    A Florida federal judge on Monday let James River Insurance Co. off the hook for a $10 million Med Waste Management LLC settlement in an underlying Telephone Consumer Protection Act class action alleging Med Waste sent more than 20,000 unsolicited fax advertisements, finding the claims are excluded from coverage.

  • September 19, 2014

    Keurig Can Sell 2.0 Brewer During Antitrust MDL, Judge Says

    A New York federal judge on Friday rejected a bid to block Keurig Green Mountain Inc. from selling the latest version of its popular brewing machine because it was allegedly designed to expand a single-serving monopoly, saying the plaintiff didn’t show it would suffer irreparably without an injunction.

  • September 19, 2014

    SanDisk Can't Escape Flash Memory Antitrust Suit

    A California federal judge denied SanDisk Corp.’s bid to toss a putative class action lodged by retailers and customers accusing the company of using its patents to monopolize the flash memory industry, ruling the plaintiffs have standing.

Expert Analysis

  • 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.

  • Books And Records Increasingly An Open Book

    Daniel E. Wolf

    In theory, companies have a number of ways to challenge books-and-records demands, but a progression of Delaware cases — including a Wal-Mart shareholder suit — has shown that such demands have increasingly generated expensive and time-consuming document production exercises and provided an avenue to trawl for documents that could facilitate derivative litigation, say Daniel Wolf and Matthew Solum of Kirkland & Ellis LLP.

  • 6th Circ. Reminds Employers Of Collective Action Danger

    Chuck Mataya

    The Sixth Circuit's ruling in Killion v. KeHe Distributors should remind employers that they accept a risk — which is compounded by the threat of a collective action — whenever they treat an employee as exempt under the Fair Labor Standards Act, says Chuck Mataya of Bradley Arant Boult Cummings LLP.

  • 3 New Weapons To Combat Shareholder Litigation

    Jordan D. Temple

    Class action shareholder litigation continues to be at the forefront of recent developments in corporate law, but courts in various jurisdictions have recently been chipping away at such aggressive litigation. Companies now have more options in defending against these suits, says Jordan Temple of Parker Poe Adams & Bernstein LLP.

  • So We Agree It’s Price-Fixing, But ...

    Joseph Ostoyich

    A class action plaintiffs attorney recently conceded both of our key points regarding a very common practice among plaintiffs law firms that looks an awful lot like outright price-fixing, but we have yet to hear why the refusal by class action plaintiffs firms to bid against each other amounts to something other than collusion condemned by the Sherman Act, say Joseph Ostoyich and William Lavery of Baker Botts LLP.

  • Yet Another Case Counters 6th Circ.'s Omnicare Reasoning

    John S. Durrant

    As the U.S. Supreme Court gears up to hear Omnicare, the Tenth Circuit has presented yet another case supporting the view that Section 11 claims cannot arise simply from opinions contained in securities offering documents that turn out in hindsight to be false or misleading, say attorneys with Paul Hastings LLP.

  • Prepare For The Wave Of FCRA Class Actions

    Stephanie A. Sheridan

    To minimize exposure to the recent influx of Fair Credit Reporting Act complaints it is best to use a properly worded stand-alone document and keep all other content in the employment application form separate and distinct, say Stephanie Sheridan and Denise Trani-Morris of Sedgwick LLP.

  • A Different Claim Aggregation Method To Avoid SLUSA

    Benjamin P. Edwards

    As the securities class action continues to experience death by a thousand cuts, we may soon see increasing numbers of the "disaggregated class" — a new tactic some plaintiff attorneys have begun to deploy to work around the Securities Litigation Uniform Standards Act by filing duplicative state court cases, says Benjamin Edwards of Michigan State University College of Law.

  • 3rd Circ. Puts Debtors 1st In FDCPA Case

    Wayne Streibich

    Arguments in Fair Debt Collection Practices Act cases at the district level were outweighed by the Third Circuit in McLaughlin v. Phelan Hallinan & Schmeig LLP, which establishes that a debtor’s failure to dispute a debt will not likely be a basis for dismissal of claims, say Wayne Streibich and Louise Bowes of Blank Rome LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.