Class Action

  • January 28, 2015

    Lack Of Commonality Dooms Class Cert. Against Dollar Thrifty

    A Colorado federal judge refused to certify a class of 2.6 million Dollar Thrifty Automotive Group customers Tuesday, saying the lead plaintiffs’ allegations the car rental company tricks customers into buying unwanted insurance add-ons generates a disparate group of buyers without enough in common.

  • January 27, 2015

    Effexor Plaintiffs Want To Drop 40% Of Suits From MDL

    The plaintiffs in multidistrict litigation over Wyeth Pharmaceuticals Inc.'s depression and anxiety drug Effexor have sought to drop some 26 suits targeting the Pfizer unit over the drug's alleged birth defect risks, and a Pennsylvania federal judge has granted dismissals in at least eight of them.

  • January 27, 2015

    Nordstrom Denied Quick Appeal In 'Made In USA' Suit

    A California federal judge on Tuesday denied Nordstrom Inc. and luxury denim manufacturer AG Adriano Goldschmied Inc.'s bid for interlocutory review of an October ruling in a proposed class action accusing them of falsely marketing jeans as "made in the USA."

  • January 27, 2015

    TCPA Suit Against Coca-Cola Over Texts Moves Forward

    An Alabama federal judge on Monday trimmed a proposed class action accusing Coca-Cola Inc. of violating the Telephone Consumer Protection Act by sending unsolicited texts, but allowed claims for two remaining texts in the case to move ahead.

  • January 27, 2015

    9th Circ. Won't Revive EBay Sellers' Contract Claims

    The Ninth Circuit on Monday refused to revive eBay Inc. sellers' breach of contract class action alleging the online auction giant's delays in posting paid product listings deprived members of the full value of the service, saying the plaintiffs didn't provide a viable way to calculate classwide damages.

  • January 27, 2015

    Pfizer Strikes $400M Deal To End Shareholder Suit

    Pfizer Inc. has reached a $400 million settlement to avoid an upcoming trial in a class action claiming the company misled investors about an alleged off-label drug marketing scheme, the pharmaceutical giant said Tuesday in a regulatory filing.

  • January 26, 2015

    Big Firms Got A Break From Securities Class Actions In 2014

    Last year, securities class action filings picked up slightly as plaintiffs targeted biotechnology firms and oil and gas producers, but larger companies found themselves the least likely to face a shareholder claim since 2000, according to a report released Tuesday by Cornerstone Research.

  • January 26, 2015

    Insurer Can't Escape Health Benefit Co.'s Coverage Suit

    A Louisiana federal judge on Friday rejected a Lloyd's of London underwriter's bid to dismiss claims that it abandoned its duty to cover a health care benefit manager in a proposed class action, ruling that the relevant insurance policy is unambiguous and that a claim was made against the insured during the policy period.

  • January 26, 2015

    Consumer Class Wins Cert. In Scotts False Ad Suit

    A New York federal judge on Monday granted class certification to class action accusing The Scotts Miracle-Gro Co. Inc. of falsely advertising a line of grass seed, though he declined to certify the class for injunctive relief.

  • January 26, 2015

    High Court Pans 'Thumb On The Scale' In M&G Retiree Case

    The U.S. Supreme Court's unanimous ruling in a class action battle between M&G Polymers USA LLC and retirees over the vesting of health care benefits warned courts against putting a "thumb on the scale" when analyzing collective bargaining agreements and will likely lead to a more uniform approach among courts tackling disputes over whether retiree benefits continue after a union contract expires, lawyers say.

  • January 26, 2015

    Marvell Escapes Investor Suit Over $1.5B Patent Suit Loss

    A group of shareholders lost their bid Monday to take on the founders of Marvell Technology Group Ltd. for their role in the company’s $1.5 billion loss in a lawsuit for infringing Carnegie Mellon University’s patents, when a California federal judge ruled Bermuda law should govern the dispute.

  • January 26, 2015

    USCB To Pay $2.7M To Settle TCPA Class Action

    A California federal judge on Monday gave preliminary approval to a $2.75 million settlement deal with receivable and resource management company USCB Inc. to end allegations that the company violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.

  • January 26, 2015

    Joe's Crab Shack Owner Settles With Investors Over 2012 IPO

    Ignite Restaurant Group Inc., the owner of restaurant chains including Joe's Crab Shack and Romano's Macaroni Grill, on Friday reached a $1.8 million settlement in a putative investor class action that alleged the company botched its $80 million initial public offering in 2012.

  • January 26, 2015

    Sam's Club Customers' FCRA Petition Denied By High Court

    The U.S. Supreme Court on Monday passed on an appeal by Sam's Club customers that sought to revive a proposed class action alleging the company improperly disclosed customer credit card numbers on receipts, a case plaintiffs claimed would resolve a circuit split over the Fair Credit Reporting Act.

  • January 26, 2015

    Expert In Zoloft MDL Was Properly Excluded, Judge Says

    A Pennsylvania federal judge Friday declined to reconsider her decision barring a plaintiffs' causation expert from multidistrict litigation against Pfizer Inc. over Zoloft’s alleged link to birth defects, saying she had properly considered the expert's methodology without overemphasizing its lack of statistically significant findings.

  • January 26, 2015

    Ernst & Young Unit Escapes Sinotech IPO Suit

    A New York federal judge dismissed an Ernst & Young unit from a suit over SinoTech Energy Ltd.’s initial public offering, saying the plaintiffs didn’t meet the high bar to show the auditor could have been reckless.

  • January 26, 2015

    High Court Wants New Ruling In M&G Retiree Benefits Case

    The U.S. Supreme Court vacated a Sixth Circuit decision Monday that left M&G Polymers USA LLC on the hook for a class of retirees' lifetime health care benefits and sent the case back for a lower court to analyze the collective bargaining agreements at issue under ordinary principles of contract law.

  • January 23, 2015

    Kaiser Can't Duck Calif. Home Care Nurses' Wage Row

    A California judge on Friday rejected Kaiser Foundation Hospitals’ bid for a quick win in a putative class action alleging the company pressured unionized home care nurses to underreport their hours worked, rejecting Kaiser’s argument that the dispute should be handled by the plaintiff's union.

  • January 23, 2015

    Google Ruling Won't End Video Privacy Class Actions

    A New Jersey federal judge's recent dismissal of Video Privacy Protection Act claims against Google Inc. and Viacom Inc. is likely to provide relief to companies that collect information that can't be directly linked to their users, but it won't stop plaintiffs from wielding the privacy statute to go after businesses that take steps to attach an identity to the data they have collected.

  • January 23, 2015

    Nexium Ruling Offers Road Map For Pay-For-Delay Classes

    The First Circuit's decision to uphold class certification in the Nexium pay-for-delay litigation despite the presence of some uninjured members in the group may be a hollow victory for the heartburn-drug purchasers after their recent loss at trial, but the ruling offers a boost for other plaintiffs as a bevy of antitrust class actions over pharmaceutical patent settlements forge ahead.

Expert Analysis

  • Sub-Regressions In Antitrust Class Cert. Can Be Unreliable

    Kenneth Flamm

    It is imperative that statistical experts call out the misapplication and misinterpretation of statistical analysis. Unfortunately, a recent Law360 Expert Analysis article does just the opposite and may result in additional courts innocently accepting sub-regressions as statistically valid in situations where they are not, say Kenneth Flamm of Kenneth Flamm Economic Consulting and Michael Naaman of Laurits R. Christensen Associates Inc.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • 7th Circ. Explains Role Of Objectors In Class Settlement

    Rhonda Wasserman

    The Seventh Circuit's recent rejection of a class action settlement in Pearson v. NBTY Inc. highlights the important role objectors play in policing the adequacy of class action settlements and provides guidance to lawyers crafting such settlements as well as to district courts charged with reviewing them, says Rhonda Wasserman of the University of Pittsburgh School of Law.

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • Dart Cherokee Rejects CAFA Anti-Removal Presumption

    John Beisner

    The U.S. Supreme Court's ruling in Dart Cherokee Basin Operating Company v. Owens resolved a lopsided split in the lower federal courts over the proper removal procedure under the Class Action Fairness Act — however, the high court’s closing remark that there is no anti-removal presumption in CAFA cases will likely be of even greater significance going forward, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • High Court Clarifies What Is Compensable Work Time

    Neal Mollen

    In addition to resolving the specific security-screening question, the U.S. Supreme Court’s recent ruling in Integrity Staffing Solutions Inc. v. Busk narrows the range of activities that might be considered compensable and provides needed clarity for employers in determining the limits of their obligations under federal law, say Neal Mollen and Aaron Ver of Paul Hastings LLP.

  • What Lawyer-Novelists Learned From Being Lawyers

    Michael H. Rubin

    The consensus that emerged from my discussions with several lawyers who have become best-selling novelists is that the traits it takes to be a great lawyer are invaluable in crafting first-rate mysteries and thrillers. Both thriller authors and lawyers possess a concentrated attention to detail that allows them to create a logical framework for their story, brief or courtroom presentation, says Michael Rubin of McGlinchey Stafford PLLC.

  • 11th Circ. Confirms Experts Must Prove Causation

    Carl Summers

    The Eleventh Circuit’s recent decision in Chapman v. Procter & Gamble Distributing LLC is a well-reasoned opinion that should be useful in future challenges to speculative or untested expert opinions and closes several loopholes that parties often use to evade rigorous application of Daubert to the specific novel theory of causation they are advocating, says Carl Summers of Mayer Brown LLP.

  • In Libor MDL, Need For Appellate Certainty May Carry The Day

    Carl Solano

    An appellant's need for certainty about when it must appeal was highlighted during the U.S. Supreme Court’s argument in Gelboim v. Bank of America Corp. on Tuesday, and it may lead to a decision favoring a bright-line rule that permits appeals of dismissed cases that have been consolidated during multidistrict litigation proceedings, say Carl Solano and Christian Sheehan of Schnader Harrison Segal & Lewis LLP.