Class Action

  • August 24, 2016

    CH Robinson Gets Nod On $1M Deal To End OT, Wage Suit

    A California federal judge on Wednesday approved a $1 million class action settlement between transportation firm C.H. Robinson Co. and a group of employees for $1 million, putting an end to a case that alleged overtime and wage statement violations.

  • August 24, 2016

    Pa. Student Loan Agency Must Face FLSA Suit, Judge Rules

    Pennsylvania’s state student loan agency was denied Tuesday from asserting Eleventh Amendment immunity from an employees’ putative overtime wage class action, as a Pennsylvania federal judge ruled that the Fourth Circuit already decided the issue and found the agency is not an arm of the state.

  • August 24, 2016

    Robbins Geller Snags Lead In Ruckus Wireless Investor Suit

    A Delaware federal court added another proposed shareholder class action to Robbins Geller Rudman & Dowd LLP's plate on Wednesday, appointing the firm to lead a suit by Ruckus Wireless Inc. shareholders over the company's $1.2 billion sale to Brocade Communications Systems Inc.

  • August 24, 2016

    Judge Tosses Yogurt Drink Buyer's Suit

    A California federal judge has granted dismissal of a putative class action against probiotic-drink maker Yakult after class certification was denied in January, saying there was no reason to deny the plaintiff's own dismissal request.

  • August 23, 2016

    Home Depot Data Breach Attys’ Fees Trimmed To $7.5M

    A Georgia federal judge on Tuesday granted final approval of a $13 million settlement between Home Depot and a class of consumers suing over a massive 2014 data breach and awarded attorneys’ fees of approximately $7.5 million, about $1 million less than the amount sought.

  • August 23, 2016

    Cruise Robocall Classes OK After Spokeo, Judge Says

    An Illinois federal judge overseeing a massive class action accusing cruise marketing companies of robocalling millions of Americans with offers for free cruises refused to decertify the two classes in the case Tuesday, finding the violations of the Telephone Consumer Protection Act alleged in the suit go beyond the procedural injuries the U.S. Supreme Court banned in its recent Spokeo decision.

  • August 23, 2016

    Planned Parenthood's $1.1M Deal Ending Wage Suit OK'd

    A California judge on Tuesday granted preliminary approval to Planned Parenthood Los Angeles’s deal with 867 Golden State employees, valued at $1.1 million, to end claims that the nonprofit shorted its workers when it paid them to skip meal breaks.

  • August 23, 2016

    Boeing Worker Loses Cert. Bid In OT Suit Due To Definition

    A Washington federal judge denied a request for class certification by a Boeing employee accusing the aerospace giant of improperly classifying him as exempt from overtime premiums, saying Tuesday that his proposed class definition missed the mark but giving him another chance to get it right.

  • August 23, 2016

    Shareholder Can’t Inspect Freddie Mac Records, Judge Says

    A Virginia federal judge on Tuesday dismissed a suit brought by a Freddie Mac shareholder seeking to inspect its corporate records, saying that right was lost when the Federal Housing Finance Agency took over conservatorship of the home loan agency during the 2008 housing crisis.

  • August 23, 2016

    Credit Suisse, Others Freed From ERISA-Tied Forex Suit

    Credit Suisse, Deutsche Bank and Morgan Stanley escaped a proposed class action accusing them of violating the Employee Retirement Income Security Act with deals tied to alleged rigging of the foreign exchange market when a New York judge ruled Tuesday the banks didn’t have a say in the plans’ investments.

  • August 23, 2016

    9th Circ. Affirms Arbitration For 23andMe In Marketing Case

    The Ninth Circuit issued a published opinion on Tuesday saying customers in a consolidated proposed class action must arbitrate their claims over misleading advertising with genetic testing company 23andMe Inc., saying a terms-of-service agreement providing for arbitration is valid and enforceable.  

  • August 23, 2016

    Truck Dealers Push For $3M Denso Deal In Price-Fix MDL

    Denso Corp. has reached another settlement in multidistrict litigation claiming the auto parts manufacturer and a number of its peers engaged in a price-fixing scheme, as a group of heavy duty truck and equipment dealer plaintiffs on Tuesday urged a Michigan federal court to approve a nearly $3 million deal.

  • August 23, 2016

    Proposed Class Action Over 'Organic' Baby Food Tossed

    A New York federal judge on Tuesday nixed a proposed class action of baby food consumers accusing Abbott Laboratories of falsely representing its infant formulas as organic, saying federal agriculture regulations trumped the consumers’ state-level allegations.

  • August 23, 2016

    Sanctions Denied On Tribe's Payday Lender Partners

    A Vermont federal judge on Monday rejected a bid by borrowers pursuing a proposed class action that levels Racketeer Influenced and Corrupt Organizations Act claims against affiliates of Chippewa Cree payday lender Plain Green LLC for sanctions against two of the companies.

  • August 22, 2016

    Philips, Hitachi Trim CRT Scheme Claims; Toshiba, LG Can’t

    A California federal judge Monday ruled on four companies’ attempts to shrink allegations they conspired to rig cathode ray tube prices, partially granting Hitachi’s motion, granting Philips’ claim it shouldn’t be liable for the scheme during the period following its exit from the industry, and denying requests from Toshiba and LGE.

  • August 22, 2016

    Bank Of America To Pay $1.9M To Settle Calif. OT Claims

    Bank of America NA reached a settlement for $1.9 million with a class of 100 employees in California federal court on Monday, potentially putting an end to a case filed last fall over customer service representatives getting shorted on pay.

  • August 22, 2016

    McKesson Beats Class Cert. Bid In TCPA Ad Fax Suit

    A California federal judge on Monday shot down a class certification bid from a chiropractic clinic accusing McKesson Corp. of faxing unsolicited advertisements in violation of the Telephone Consumer Protection Act, saying there are too many individual circumstances to tackle on a classwide basis.

  • August 22, 2016

    Calif. Investment Firm Stuck In FCRA Row, Equifax Escapes

    A California federal judge declared Monday that Armored Investment Group and two of its principals can be sued in a putative class action alleging they illegally bought consumer reports from Datamyx LLC, which was selling them on behalf of Equifax Information Services LLC, but dismissed the latter two from the case.

  • August 22, 2016

    Goodman Beats Class Cert. In $803M AC Defect Suit

    A Pennsylvania federal judge on Monday refused to certify a class of consumers bringing at least $803 million in claims over allegedly defective Goodman Global Inc. air conditioners, saying several key factual questions must be decided individually, including whether an individual’s unit had the alleged defect.

  • August 22, 2016

    Uber Must Face NLRB In Driver Arbitration Waiver Probe

    A California federal judge ruled Friday that Uber must comply with subpoenas for driver records in the National Labor Relations Board’s investigation into whether the ride-hailing giant wrongfully required drivers to waive their right to engage in protected activity, such as joining a class or collective action.

Expert Analysis

  • Nixing A Class After Jury Verdict — It's Possible

    Neal Marder

    A Second Circuit decision in Mazzei v. The Money Store reiterates that class action defendants have the opportunity to successfully challenge class certification even after trial. The decision may embolden defense counsel and their clients to not be so quick to settle, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • 2nd Circ. GM Ruling Shows Value Of Debtor’s Disclosures

    Darren Azman

    Bankruptcy Code Section 363 offers a powerful tool for a debtor in bankruptcy to sell its assets free and clear of liens and other interests. However, as the Second Circuit's recent decision in the Motors Liquidation Company case underscores, this power is not without limit, say Darren Azman and Megan Preusker at McDermott Will & Emery LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Why EB-5 Investors Are Not Your Typical Clients

     H. Ronald Klasko

    EB-5 is a wonderful program. Unfortunately, a small but increasing number of EB-5 projects have gone awry, leaving investors in a very difficult situation. Ronald Klasko of Klasko Immigration Law Partners LLP addresses issues that receivers and litigators need to understand in order to properly represent the interests of investors.

  • The CFPB's Flawed Case For Banning Class Action Waivers

    Eric J. Mogilnicki

    The Dodd-Frank Act gave the Consumer Financial Protection Bureau the opportunity to think broadly about dispute resolution. Unfortunately, instead it decided to reinstitute a class action regime that its own study indicates poorly serves consumers’ interests, says Eric Mogilnicki, a partner at Covington & Burling LLP.

  • Spotlight Remains On Marketplace Lenders Post-Madden

    Joseph Cioffi

    Following the U.S. Supreme Court’s denial of certiorari in Madden v. Midland Funding, the focus on online marketplace lenders spawned by the Second Circuit’s decision has only intensified. As potential issues crystallize through lawsuits and regulations, the opportunity exists for lenders to adjust their practices and steer away from unintended consequences, say Joseph Cioffi and Massimo Giugliano of Davis & Gilbert LLP.