Class Action

  • November 18, 2014

    No-Show Puda Coal Found Liable In Investors’ Bogus-IPO Suit

    The Southern District of New York on Tuesday entered a default judgment against Chinese company Puda Coal Securities Inc., which had been sued by an investor class for selling its sole asset to a private equity firm without telling investors for months and lying about its IPO plans.

  • November 17, 2014

    T-Mobile Settles With Visa, Mastercard in Swipe Fee MDL

    T-Mobile USA Inc. became the latest company to settle with Visa Inc. and MasterCard Inc. in New York district court in an antitrust litigation over interchange fees on Monday, hot on the heels of several other settlements in the case involving companies like Orbitz LLC, Duke Energy Corp. and Cox Communications Inc.

  • November 17, 2014

    Fla. Judge OKs $1.3M In Atty Fees In Lowe's FLSA Deal

    A Florida federal judge signed off Monday on a $1.3 million attorneys' fee request after approving a $3.5 million class settlement for a Fair Labor Standards Act suit between Lowe's Home Centers Inc. and human resources managers alleging Lowe's misclassified them as exempt from overtime pay requirements.

  • November 17, 2014

    Honeywell Gets Claims Pared In Defective Humidifier Suit

    A Massachusetts federal judge on Monday trimmed a proposed class action accusing Honeywell International Inc. of selling defective humidifiers, allowing claims accusing the company of breaching express and implied warranties to advance but tossing claims for negligence, strict liability and negligent misrepresentations.

  • November 17, 2014

    Interline, Craftwood Reach $40M Deal In TCPA Class Action

    Interline Brands Inc. will pay $40 million to a class lead by Craftwood Lumber Co. to settle a suit alleging it violated the Telephone Consumer Protection Act by faxing at least 1,500 advertisements, the parties said Friday, with plaintiffs’ attorneys seeking no more than $12 million.

  • November 17, 2014

    Fry's Can't Get Calif. PAGA Claim Sent To Arbitration

    A California appeals court ruled on Friday that the lead plaintiff in a proposed class action against Fry's Electronics Inc. must arbitrate his individual labor claims against the electronics retailer, but said that the employee can continue to pursue a separate Private Attorney General Act claim in court.

  • November 17, 2014

    $10.9M Awarded To NY Exotic Dancers In Wage Suit

    A New York federal judge on Friday awarded nearly $11 million to a class of exotic dancers at Rick's Cabaret who alleged club operator Peregrine Enterprises Inc. incorrectly classified them as independent contractors and failed to pay minimum wages.

  • November 17, 2014

    High Court Won't Hear Dairy Cos.' Milk Price-Fixing Appeal

    The U.S. Supreme Court on Monday has declined to hear the appeal of a group of dairy sellers accused of fixing milk prices, who asked for clarification on whether a plaintiff must show causation to move beyond the summary judgment stage in an antitrust suit.

  • November 17, 2014

    Nurses At Texas Hospital Win Conditional Cert. In OT Suit

    A Texas federal judge on Friday granted conditional certification to a class of nurses in a suit alleging a chain of Houston hospitals routinely forced them to work without pay during scheduled meal breaks.

  • November 17, 2014

    Steakhouse Chain Co. Can't Skirt Customer's FACTA Suit

    A New York federal judge ruled Friday that ZMF Restaurants LLC must face a proposed class action alleging that printing credit card receipts including the expiration date of customers' cards violates the Fair and Accurate Credit Transactions Act, finding that the complaint alleges willful violation of the act.

  • November 14, 2014

    GE Service Techs Win Conditional Cert In Overtime Row

    A New Jersey federal judge on Friday granted conditional certification to a collective action brought by a group of current and former General Electric Co. technicians alleging the company skimped on pay for work they had to do before they clocked in.

  • November 14, 2014

    Deutsche Bank Escapes Proposed Libor Class Action

    A California federal judge Friday tossed a borrower's putative class action claims alleging Deutsche Bank AG manipulated the London Interbank Offered Rate to drive up mortgages, saying the plaintiff failed to show the bank was subject to personal jurisdiction in the court.

  • November 14, 2014

    11th Circ. Revives Marlins Stadium Workers' FLSA Suit

    The Eleventh Circuit on Friday revived a putative class action alleging contractor Form Works/Baker JV LLC underpaid construction workers for the Miami Marlins’ new stadium, ruling an “off-the-books” statement required by the court couldn’t remove plaintiffs' Fair Labor Standards Act claim from their pleadings.

  • November 14, 2014

    Wells Fargo Pays $7.4M To End Ex-Employees' Incentives Row

    Wells Fargo & Co. will pay $7.4 million to a class of former financial advisers in California to settle claims that it wrongfully withheld incentive payments owed to advisers who left the bank to join competitors, according to a settlement motion filed this week.

  • November 14, 2014

    Insurer Fails To Nix Health Benefit Co.'s Coverage Suit

    A Louisiana federal judge on Wednesday rejected Hudson Specialty Insurance Co.’s bid to throw out claims that it ducked out on covering a health care benefit manager in a proposed class action, saying the insurer may have a duty to defend.

  • November 14, 2014

    Kraft To Pay $1.5M To End Calif. Workers' OT Action

    A California judge on Friday gave preliminary approval to Kraft Food Global Inc.'s $1.5 million settlement with more than 1,700 part-time merchandisers over meal and rest period claims, putting the finish line in sight after more than three years of litigation.

  • November 14, 2014

    LinkedIn Can't Claim Immunity In Email Harvesting Brawl

    A California federal judge on Thursday refused to throw out most of a proposed class action alleging that LinkedIn Corp. broke into users’ accounts to send emails on their behalf, finding that the professionally themed social media service can’t claim immunity under the Communications Decency Act.

  • November 14, 2014

    QR Energy Settles Suit Aiming To Block $3B Merger

    QR Energy LP has agreed to settle a proposed class action in Texas federal court challenging its planned $3 billion sale to oil and gas operator Breitburn Energy Partners LP for allegedly being priced too low and cheating unitholders out of a bigger return, according to a Thursday court filing.

  • November 13, 2014

    BP Can't Dodge Negligence Ruling, Faces Up To $18B Fines

    A Louisiana federal judge on Thursday denied BP PLC’s bid to escape a finding that the company was grossly negligent in the events leading up to the Deepwater Horizon oil spill disaster, potentially putting BP on the hook for up to $18 billion in Clean Water Act penalties.

  • November 13, 2014

    $2M AlliedBarton Class Deal Nixed In Wage Case

    A California federal judge on Wednesday rejected a proposed class action settlement in a wage suit against AlliedBarton Security Services LP, finding the payout of up to $1.75 million calls for too much in attorneys' fees and not enough for potential class members. 

Expert Analysis

  • Summary Judgment Is No Dress Rehearsal

    Patricia St. Peter

    UnitedHealth Group Inc. v. Columbia Casualty Co. is a blunt reminder that the failure to prove up one’s case with actual evidence at the summary judgment phase can have serious consequences. It's also instructive on the types of proof an insured may rely on to prove allocation between covered and uncovered claims in a multiclaim settlement, say Patricia St. Peter and Kaisa Adams of Zelle Hofmann Voelbel & Mason LLP.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • The Root Cause Of Skyrocketing Defense Costs

    Douglas W. Greene

    The costs of defending securities class actions continue to increase, and the root cause is the convergence of two related factors — the prevailing view that securities class actions are “bet the company” cases, and the consequent reflexive hiring of BigLaw firms, says Douglas Greene of Lane Powell PC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Culling Consent From 11th Circ. TCPA Case

    David N. Anthony

    After the Eleventh Circuit's opinion in Mais v. Gulf Coast Collection Bureau Inc., businesses can rely on Federal Communications Commission rulings on debt collection as guidance on how to obtain consent for automatic telephone dialing systems, say attorneys at Troutman Sanders LLP.

  • 7th Circ. Says Random Sampling Works For CAFA, Not How

    Esther S. McDonald

    Although the Seventh Circuit's ruling in Myrick v. WellPoint Inc. suggests a plaintiff may meet the burden of proving members of a putuative class action qualify under the home-state exception of the Class Action Fairness Act through random sampling, many questions remain unanswered, says Esther McDonald of Seyfarth Shaw LLP.

  • When Fraud, Spoliation Are Added To Asbestos Claims

    Jesse L. Morris

    The Third Circuit's recent ruling in Williams v. BASF Catalysts could prove an instructive example of how litigation may unfold when fraud and spoliation claims are brought against industrial manufacturers and their successors linked to asbestos-related illnesses and deaths, says Jesse Morris of Weil Gotshal & Manges LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • Workplace Tasks On Trial In Integrity Staffing Arguments

    Nicholas Woodfield

    Oral arguments at the U.S. Supreme Court in Integrity Staffing Solutions Inc. v. Busk concerned whether various tasks were closely tied to the core ingress and egress concerns of the Portal-to-Portal Act, and elided the questions of time spent and employer motivation, say Nicholas Woodfield and R. Scott Oswald of The Employment Law Group PC.