Class Action

  • April 18, 2016

    NII Inks $41.5M Deal To Exit Pension Fund Securities Row

    Pension fund investors and NII Holdings Inc. asked a Virginia federal judge on Monday to grant preliminary approval of a $41.5 million securities class settlement over claims the now-bankrupt wireless service company misrepresented its ability to modernize its network.

  • April 18, 2016

    3rd Circ. Puts An End To Objections In NFL Concussion Deal

    The Third Circuit on Monday backed an uncapped settlement between the NFL and a class of retired football players over concussions and head injuries over protests from the class, in what attorneys say likely puts an end to the objections and could help the NFL avoid even further scrutiny over its handling of head injuries.

  • April 18, 2016

    Quinn, Pearson Get $253M In $1.86B Deal Ending CDS Action

    A New York federal judge gave final approval Monday to a $1.86 billion settlement in a class action that alleged Citigroup Inc. and others rigged the credit default swaps market, a deal that includes $253.8 million in fees for Quinn Emanuel Urquhart & Sullivan LLP and Pearson Simon & Warshaw LLP.

  • April 18, 2016

    Apple Dodges AT&T Users' IPhone 5 Wi-Fi Defect Suit

    A California federal judge on Friday dismissed a putative consumer class action accusing Apple Inc. of concealing a bug in the iPhone 5 and 5S that resulted in cellular data overage charges for AT&T wireless customers, saying the suit fails to plead particularized allegations.

  • April 15, 2016

    Calif. Appeals Court Compels Arbitration In Wage Row

    A California appeals court ordered into arbitration claims in a potential class action accusing management company J.K. Residential Services Inc. of wage-and-hour violations, finding Thursday that the arbitration clauses in its employee agreements were not unfair.

  • April 15, 2016

    Mitsubishi To Pay $84M In Parts Antitrust MDL

    Mitsubishi Electric Corp. will pay $84.4 million to resolve claims by car buyers and auto dealers in multidistrict litigation accusing the company of conspiring with others to fix prices on auto parts, according to Friday filings in Michigan federal court.

  • April 15, 2016

    Del. Citigroup Suit Expedited After NY Version Dismissed

    A stockholder complaint blaming Citigroup Inc. officers and directors for billions in losses due to mismanagement, uncontrolled fraud and costly regulatory violations moved ahead on an expedited schedule in Delaware on Friday after the dismissal of a similar class action in New York.

  • April 15, 2016

    Class Counsel Seek $1.35M Attys' Fees In Verizon TCPA Suit

    Attorneys who brokered a $4 million settlement with Verizon Wireless LLC over unwanted robocalls on Thursday asked a California federal court to approve $1.35 million in legal fees.

  • April 15, 2016

    Chesapeake Energy Antitrust Suits Consolidated In Okla.

    A federal judge on Friday consolidated 11 proposed antitrust class actions accusing Chesapeake Energy Corp. of engaging in a conspiracy to rig bids and limit competition for oil and gas leases in Oklahoma federal court.

  • April 15, 2016

    Carlton Fields Dodges DQ In Tenn. Insurance Liability Row

    BlueCross BlueShield of Tennessee on Thursday lost its bid to disqualify Carlton Fields as counsel to Allied World Specialty Insurance Co. in its suit over insurance liability in an underlying antitrust case, when a federal judge found that the firm’s relationship with a BlueCross affiliate doesn’t reach this case.

  • April 15, 2016

    Occam, Wilson Sonsini Settle $200M Calix Merger Class Fight

    Occam Networks Inc.'s top officials and Wilson Sonsini Goodrich & Rosati PC have settled a shareholder suit accusing the company's leadership of selling Occam too cheaply in a roughly $200 million merger in 2010 with Calix Inc., midway through a scheduled 10-day trial in Delaware's Chancery Court.

  • April 14, 2016

    Immigrant Ex-Cons Can Be Held Past 6 Mos., 1st Circ. Says

    The First Circuit ruled Wednesday that there's no hard, six-month deadline to hold a bond hearing for an immigrant who's been detained pending deportation proceedings after serving a criminal sentence, saying courts should individually consider whether the length of a detention is reasonable.

  • April 14, 2016

    Female Attys Reach $4M Class Deal With Farmers In Bias Row

    Female attorneys suing Farmers Insurance Co. for allegedly paying them less than their male counterparts reached a $4.1 million deal with the insurer in California federal court Wednesday that would also require Farmers to hire an independent human resources consultant.

  • April 14, 2016

    Lyft Can't Dodge TCPA Suit In Text-Message Spamming Row

    A California federal judge on Thursday refused to toss a proposed class action accusing Lyft Inc. of spamming prospective drivers with text messages in violation of the Telephone Consumer Protection Act, finding enough evidence that the ride-hailing company used an automatic dialing system to send the texts.

  • April 14, 2016

    Deutsche Bank Close To Deal In Gold Price-Fixing MDL

    Deutsche Bank AG is nearing a settlement in multidistrict litigation accusing the bank of being part of a scheme to manipulate the price of gold, a day after it said it was close to a deal in a similar silver suit, according to a letter to a New York federal judge filed Thursday.

  • April 14, 2016

    $32M PNC Force-Placed Deal Better Than Nothing, Judge Says

    PNC's $32.3 million settlement with homeowners alleging the bank overcharged them for force-placed insurance got approval Wednesday, when a Florida magistrate judge quoted Billy Preston’s “Nothing from Nothing” to say more litigation could leave the class with zilch given similar actions' mixed results.

  • April 13, 2016

    Chancery Throws Out Claims Over TripAdvisor Director Pay

    A Delaware Chancery judge on Wednesday threw out derivative claims challenging stock compensation worth about $15 million that former TripAdvisor director and current Expedia CEO Dara Khosrowshahi got when he left the board, ruling that the suing shareholder couldn’t show that the board wrongfully refused her litigation demand.

  • April 13, 2016

    Deutsche Bank Nears Deal In Silver Price-Fixing Row

    Deutsche Bank AG is nearing a settlement in multidistrict litigation alleging it was part of a scheme to fix the price of silver, plaintiffs told the New York federal judge overseeing the case Wednesday.

  • April 13, 2016

    Best Buy's Halliburton Win Seen As Hard Act To Repeat

    The Eighth Circuit delivered the securities defense bar what it’s been longing for ever since the landmark Halliburton II decision when it dismantled a certified class of investors suing Best Buy, but plaintiffs attorneys and others said the victory may be hard to repeat given the unusual facts that led to this week's decision.

  • April 13, 2016

    MOL Global Agrees To $8.5M Settlement In IPO Suit

    Shareholders suing Malaysian e-payment company MOL Global over its disappointing 2014 initial public offering asked a New York federal court on Wednesday to approve an $8.5 million settlement agreement as the company delists from the Nasdaq.

Expert Analysis

  • Tactics For Defending Price Comparison Class Actions In NY

    Jacqueline K. Matthews

    New York has recently seen an increase in class actions from consumers who allege that price comparisons in retail advertising are fictitious and misleading. Given that price comparing is a common retail practice, businesses operating in the state need to be prepared to defend their pricing policies against this type of attack, says Jacqueline Matthews at BakerHostetler.

  • FTC Amicus Brief Highlights Post-Actavis Challenges

    M. Mitchell Oates

    The Federal Trade Commission's amicus brief to the Third Circuit in the Wellbutrin XL case raises critical questions regarding the meaning of the U.S. Supreme Court’s 2013 opinion in FTC v. Actavis and its application to Hatch-Waxman settlement agreements that depart from the “classic” reverse-payment structure, says Mitchell Oates of BakerHostetler.

  • Lay And Expert Testimony: Using Employee Witnesses

    Alexis Miller Buese

    Using an employee to explain the technology of a product, the accounting method in a business model, or market volatility can be an effective tool to persuade the jury that a client’s version of the facts is the more reliable one. But understanding the procedures for properly identifying an expert witness is crucial, says Alexis Miller Buese of Sidley Austin LLP.

  • 7 Lessons I Learned As A Trial Lawyer On Jury Duty

    Dawn Reddy Solowey

    As a trial lawyer, I never expected I'd have the chance to see a jury trial from the juror’s point of view. Yet to my surprise, I was recently empaneled as one of 14 jurors on a nine-day state court civil trial, and it was a revelatory experience, says Dawn Reddy Solowey, senior counsel at Seyfarth Shaw LLP.

  • Background Check Challenges For Home Health Care Agencies

    Denise Merna Dadika

    Selecting qualified, trustworthy individuals to provide unsupervised patient care is one of the biggest obstacles facing the home health care industry. And while conducting criminal background checks can be helpful to the process, it also poses risks, meaning agencies must carefully navigate the various federal, state and local laws, as well as regulatory guidance, says Denise Merna Dadika at Epstein Becker & Green PC.

  • All Eyes On DC Circ. For Ruling On FCC’s TCPA Order

    Laura H. Phillips

    In the consolidated appeal ACA International v. Federal Communications Commission, the D.C. Circuit will have to sort through a range of FCC determinations that were either inadequately reasoned or inconsistently applied in the Telephone Consumer Protection Act order last summer. Briefing has now concluded, and the battle lines have been drawn, say attorneys with Drinker Biddle & Reath LLP.

  • NJ Warranty Act Class Tanked By Individual Inquiries

    Elissa J. Glasband

    A New Jersey appeals court's recent decision to decertify a class alleging that TGI Friday's omitted drink prices on menus highlights weaknesses in the merits of plaintiffs' website-based New Jersey Truth in Consumer Contract Warranty and Notice Act claims and may discourage plaintiffs from bringing suits under the act, say attorneys at Locke Lord LLP.

  • Tyson Provides Road Map For Use Of Sampling In FCA Cases

    Scott D. Stein

    The U.S. Supreme Court's decision in Tyson Foods v. Bouphakeo offers support to both proponents and detractors of the use of statistical sampling to prove liability in False Claims Act cases. Arguments in favor of a blanket rule prohibiting sampling to establish FCA liability are unlikely to be welcomed in lower courts, but Tyson does offer some ammunition for those seeking to limit it, say Scott Stein and Brenna Jenny at Sidley Austin LLP.

  • High Court Request Bodes Well For Madden Review

    Kevin Petrasic

    The U.S. Supreme Court’s request for an opinion from the solicitor general on whether the court should review the Second Circuit’s decision in Madden v. Midland Funding indicates that the court is interested in clarifying the scope and applicability of the National Bank Act’s preemptive powers to nonbank assignees, say attorneys with White & Case LLP.

  • Shifting The Law Firm Business Development Paradigm

    Mary Carmel Kaczmarek

    While attorneys recognize and appreciate that sophisticated substantive work requires a team effort, business development is still conducted in many firms as a solo act. But it doesn’t have to be that way, according to Mary Carmel Kaczmarek, a former practicing attorney and founder of Skillful Means Marketing LLC.