Class Action

  • November 3, 2016

    Pa. Justices Refuse To Revive Action Over Gas Lease Royalty

    Pennsylvania’s highest court declined Wednesday to hear an appeal of a decision that a Consol Energy Inc. unit properly honored lease deals at issue in a putative class action alleging that the company had stiffed landowners out of royalty payments for natural gas.

  • November 2, 2016

    Truck Drivers’ $5M Class Wage Deal With Bankrupt Co. OK’d

    A California judge Wednesday gave preliminary approval to trucking company QTS Inc.’s $5 million deal to resolve class action claims it misclassified port-cargo haulers as independent contractors to dodge employee wage-and-hour laws, noting additional court approval is required since QTS is in bankruptcy proceedings.

  • November 2, 2016

    Bank Of America Unit Dodges Utah Foreclosure Class Action

    The Tenth Circuit ruled on Wednesday that a Texas-based Bank of America Corp. subsidiary is allowed under federal law to foreclose on homes in Utah, affirming a lower court’s ruling that tossed a putative class action over allegedly wrongful foreclosures in the state.

  • November 2, 2016

    Merrill Lynch's $2.5M Deal To End Reimbursement Action OK'd

    A California judge granted final approval Wednesday to Merrill Lynch's $2.465 million deal to end class claims that it unfairly failed to reimburse over 2,500 financial advisers for their business expenses, saying everything submitted by the parties was in fine shape.

  • November 2, 2016

    IRS Shakes Class Action Over 2015 Data Breach

    A D.C. federal judge on Wednesday tossed a proposed class action brought by taxpayers who sued the IRS over a data breach last year that exposed tax-related information of some 330,000 people, saying general anxiety about future identity theft does not establish standing.

  • November 2, 2016

    McDonald's Wage Deal May Be Warning To Other Franchisors

    While McDonald's Corp.'s decision to pay a franchisee's workers $3.75 million to settle a wage-and-hour class action won't affect the fast-food giant's joint employer case before the National Labor Relations Board, experts say the deal could cause other companies to think twice about exerting control over a franchisee's operations.

  • November 2, 2016

    Ecuadoreans' Battery Claims Tossed In DynCorp Spray Suit

    A Washington, D.C., federal court has further pared down claims from Ecuadorean nationals who say DynCorp battered them with herbicide during a drug eradication program, granting in part the company’s motion for summary judgment.

  • November 2, 2016

    Lipitor Diabetes Suits Against Pharmacy Booted From MDL

    The South Carolina federal judge overseeing multidistrict litigation over claims that Pfizer's cholesterol drug Lipitor causes Type 2 diabetes sent two suits back to Michigan state court Tuesday, saying there is a "glimmer of hope" that some claims against a pharmacy could survive there.

  • November 2, 2016

    $530M State Street Forex Deal Gets Judge's Sign-Off

    A federal judge in Boston gave final approval Wednesday to a $300 million settlement between State Street Corp. and a class of investors over its foreign exchange practices, triggering other settlements with federal regulators worth $230 million.

  • November 2, 2016

    Home Care Co. Settles Bias Suit Over Personal Info Probes

    A New York-based home care services agency has agreed to pay $125,000 to a class of employees and to not request certain personal information from current or prospective workers to settle allegations by the U.S. Equal Employment Opportunity Commission that it violated federal anti-discrimination regulations.

  • November 2, 2016

    Whirlpool Must Face Portion Of Faulty Fridge Suit

    Whirlpool must face allegations that it breached its implied warranty and violated California consumer protection law by selling leaky refrigerators and concealing the defect, a federal judge ruled Wednesday, though the remainder of the proposed class action was dismissed.

  • November 2, 2016

    CORRECTED: Judge Questions Robbins Geller Expenses In $1.575B HSBC Deal

    An Illinois federal judge on Tuesday took issue with $1.2 million worth of expenses that Robbins Geller Rudman & Dowd LLP accumulated on its way to a record-breaking $1.575 billion settlement between HSBC Holdings PLC unit Household International Inc. and a class of investors alleging securities fraud, saying that the expenses weren’t sufficiently supported.

  • November 1, 2016

    'Jersey Shore' TV Co. Nears OK On $1.4M Worker OT Deal

    A California judge Tuesday said a $1.4 million settlement from the reality television producers behind "Jersey Shore" to resolve class claims that 1,500 employees were shorted on overtime appeared to be "appropriate," but needed a few minor tweaks before he'd grant preliminary approval.

  • November 1, 2016

    E-Cig Makers Get Stricter-Warning Label Suit Dismissed

    A California federal judge on Tuesday snuffed out most of a consolidated proposed class action accusing numerous electronic cigarette makers of failing to warn consumers of the dangers of their products, finding all but one of the state law claims preempted by recent U.S. Food and Drug Administration guidance.

  • November 1, 2016

    5th Circ. Says NLRB Can't Nix Payroll Co.'s Arbitration Pact

    The National Labor Relations Board lost its bid to force payroll and personnel services provider Employers Resource to rescind its mandatory arbitration agreement on Tuesday, when the Fifth Circuit denied an application for enforcement and accepted the company's petition for review.

  • November 1, 2016

    Judge Preliminarily Approves $1.29M HMSHost OT Deal

    A New York federal judge on Tuesday granted preliminary approval to a $1.29 million settlement for a previously decertified collective action filed by assistant managers at various food and beverage chains against operator HMSHost Corp. over unpaid overtime wages.

  • November 1, 2016

    Teamsters Blast $27M Lyft Driver Misclassification Deal

    The Teamsters are again seeking to disrupt a proposed $27 million settlement in a class action alleging ride-hailing app Lyft misclassified Golden State drivers as independent contractors, telling a California federal judge Monday that the deal is deficient and offers little benefit to the drivers.

  • November 1, 2016

    Gov't Contractor Resolves Suit Over FLSA Violations

    A proposed class action alleging that government contractor Harris Corp. reduced salaried employees' pay if they didn't work enough billable hours was resolved in mediation, leading a New Jersey federal judge to toss the case Monday. 

  • November 1, 2016

    Infoblox Shareholders Lose Bid To Block $1.6B Vista Sale

    Infoblox Inc. stockholders lost a last-minute bid Tuesday for a preliminary injunction blocking the company’s $1.6 billion sale to Vista Equity Partners, after a Delaware vice chancellor rejected claims that a fairness opinion’s lack of a “best” share value estimate justified a delay.

  • November 1, 2016

    5th Circ. Revives Immigrant's FLSA Suit Despite Use Of Alias

    The Fifth Circuit on Monday vacated a lower court's dismissal of an immigrant's wage collective action against contractor Permanent Workers LLC, finding that a laborer’s individual claims should not have been tossed even though he used a fake Social Security number and name to get the job.

Expert Analysis

  • What To Expect From The Appeal Of FCC's TCPA Order

    Lewis S. Wiener

    The Federal Communications Commission issued a declaratory ruling and order in July 2015, intended to clarify the Telephone Consumer Protection Act, but since then, over a dozen parties have appealed the order. Attorneys from Sutherland Asbill & Brennan LLP explain the key issues that have been brought up at the D.C. Circuit, which will hear oral argument on Wednesday.

  • Biggest Test Yet For Statistical Sampling In FCA Cases

    David L. Scher

    Michaels v. Agape Senior Community is a complicated case that promises the highest-level debate yet about the validity of statistical approaches to False Claims Act claims. The Fourth Circuit’s decision will serve as an early indicator of the vitality of Tyson Foods, which could extend well beyond the Fair Labor Standards Act, say David Scher and Scott Oswald of The Employment Law Group PC.

  • Unlikely Success For M&A Post-Closing Disclosure Claims

    Scott B. Luftglass

    The Delaware Chancery Court's recent decision in Nguyen v. Barrett highlights yet again its narrowing of the circumstances under which plaintiffs can successfully challenge merger and acquisition transactions. Further, for the first time, the court has articulated the higher burden to a plaintiff in bringing a disclosure claim in a post-closing damages action, say attorneys at Fried Frank Harris Shriver & Jacobson LLP.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • Another Champion For Proportionality In MDL Discovery

    Steven J. Boranian

    For the second time within a month, a multidistrict litigation court has rejected wide-ranging and potentially abusive discovery on the basis that the requests were out of proportion to the needs of the case. This is a welcome development, says Steven Boranian of Reed Smith LLP.

  • Spokeo Still Standing: No Sign Of A Circuit Split

    Nicholas R. Diamand

    Since the U.S. Supreme Court’s decision in Spokeo, appellate and district courts have confronted a stream of “Spokeo motions” with consistent outcomes that show well-pleaded cases about real-world harm and legitimate concerns survive while cases that are not are dismissed. This consistency should quiet the trumped-up murmurs of a Spokeo circuit split, say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • How To Minimize Notice Risks In Securities Class Actions

    Neil Zola_JND.jpeg

    Effective class action administrators employ a range of notice strategies to supplement notification methods and increase the amount and precision of direct mail notification. By better understanding the realities of the process, counsel and their administrators can minimize notice problems, says Neil Zola, co-founder of JND Legal Administration.

  • The Art Of Silence At Trial

     Martha Luring

    When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.

  • 2nd Circ. Vivendi Ruling Tackles Several Important Issues

    Daniel J. Kramer

    The Second Circuit’s at least partial acceptance of the “price maintenance” theory is a significant development. It will allow plaintiffs greater flexibility to assert fraud claims premised on allegations that the stock price decreased after “bad news,” regardless of whether it can be shown the allegedly false “good news” previously caused a stock-price increase, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Reconsidering 'Traceability' Element Of TCPA Standing

    Daly_Michael_DrinkerBiddle.jpg

    Two recent dismissals in Telephone Consumer Protection Act cases highlight that constitutional standing in one- or two-call cases can be addressed with an alternative focus — an alleged injury’s traceability to an alleged violation, say attorneys with Drinker Biddle & Reath LLP.