Class Action

  • March 28, 2016

    7th Circ. Rejects TransUnion's Arbitration Bid In Score Row

    The Seventh Circuit has ruled that TransUnion didn't give a putative class of website visitors proper notice of a signed arbitration agreement, leaving the credit reporting agency to face in-court accusations that it deceived customers into purchasing inflated, worthless credit scores.

  • March 28, 2016

    Banks Lose Bid To End ISDAfix Class Action

    A federal judge in New York on Monday allowed a putative class action alleging a host of banks manipulated an interest rate derivative benchmark to move forward.

  • March 28, 2016

    Justices Reject P&G's Class Cert. Appeal In 'Snake Oil' Claim

    The U.S. Supreme Court on Monday said it wouldn’t hear Procter & Gamble’s case questioning whether an Ohio federal judge properly granted certification to a class of consumers alleging the company's Align probiotic supplements are ineffective "snake oil."

  • March 28, 2016

    Judge Denies Remand In NFL Sunday Ticket Suit

    A California federal judge on Monday denied a bid by fans, who were swept into multidistrict litigation over DirecTV’s NFL Sunday Ticket package, to get their case sent back to state court, finding that their claims turned on a federal question: Did DirecTV have a monopoly?

  • March 25, 2016

    Florida Strip Club's Workers Must Arbitrate FLSA Claims

    A federal judge on Thursday granted a Florida strip club's motion to compel arbitration in a Fair Labor Standards Act suit brought by several entertainers, finding their objections to agreements they signed unpersuasive or incorrect.

  • March 25, 2016

    7th Circ. Affirms $10M Unilever Hair Loss Settlement

    The Seventh Circuit on Friday approved the $10.2 million settlement that ended class action claims that certain Unilever PLC hair products melted users’ hair and made it fall out, nixing a myriad of objections raised by one class member, including one regarding attorneys’ fees.

  • March 25, 2016

    Judge Questions Whether $12M Lyft Deal Is Fair To Drivers

    A California federal judge on Thursday questioned the fairness of Lyft Inc.'s proposed $12.25 million class action settlement with its California drivers resolving their employee classification suit, based on concerns that explosive recent growth for the ride-hailing app has significantly cut into per-driver reimbursement.

  • March 25, 2016

    Ex-Sanford Atty Wins $5M In Partnership Spat

    A New York appeals court has affirmed a $5 million arbitration award to a former Sanford Heisler LLP attorney who accused the firm and name partners of booting him without paying out his alleged $25 million or more interest in the partnership.

  • March 25, 2016

    Ohio High Court Says Fannie Mae Class Can't Collect Payment

    The Ohio Supreme Court partially affirmed that a lower appeals court rightly restored a $25 million class action alleging that Fannie Mae failed to properly file documents showing mortgagors had fully paid off their loan debt, but found homeowners can’t collect a $250 payment yet.

  • March 24, 2016

    Ill. Appeals Court OKs $23M MetLife Fax Case Settlement

    An Illinois appeals court on Wednesday upheld a $23 million class-action settlement resolving claims a former MetLife salesman sent out adverting fax-blasts in violation of federal "do not call" laws, rejecting objections that the fund and the attorneys' fees were too high.

  • March 24, 2016

    Ex-Attys Shut Out From Class In Royalty Action At 8th Circ.

    The Eighth Circuit on Thursday upheld an Arkansas federal judge’s finding that the former attorneys for a putative class of landowners in an oil and gas royalty suit with Chesapeake Energy Co. weren’t entitled to a lien on any potential recovery by the proposed class.

  • March 24, 2016

    Class Certified In $5.9M Suit Over BofA MDL Fund Theft

    A Pennsylvania federal judge on Thursday granted class certification to a group accusing Heffler Radetich & Saitta LLP of failing to stop an employee from stealing $5.9 million from a $490 million settlement fund it has overseen related to litigation over Bank of America Corp.'s 1998 merger with NationsBank Corp.

  • March 24, 2016

    Merck, Others Beat Eye Drop Dosage Suit For 2nd Time

    A New Jersey federal judge Thursday dismissed an amended putative class action accusing Merck and other drug companies of boosting eye drop sales through bottles that dispensed higher-than-necessary doses, saying the plaintiffs still hadn’t established they were harmed by the drops they claimed were wasted.

  • March 24, 2016

    9th Circ. Revives Chobani 'Cane Juice' Suit Amid FDA Review

    The Ninth Circuit on Thursday revived a proposed class action by customers alleging Greek yogurt maker Chobani misled consumers by using the terms "natural" and "evaporated cane juice," and ruled the dispute should be put on hold while the U.S. Food and Drug Administration mulls the definitions of those terms. 

  • March 24, 2016

    Borgata Customers Reach Deal In Parking Voucher Row

    Two Borgata Hotel Casino & Spa patrons asked a New Jersey federal court Thursday to preliminarily approve a settlement worth at least $580,000, resolving their class allegations that the casino misled loyalty program customers about the terms of “unlimited free parking” vouchers.

  • March 24, 2016

    FCA Sampling Gets New Ammo In High Court's Tyson Ruling

    Controversial efforts by whistleblowers and the U.S. Department of Justice to prove False Claims Act violations with statistical sampling got a helping hand this week, when the U.S. Supreme Court endorsed sampling to prove liability in employee class actions, attorneys say.

  • March 24, 2016

    NJ Court Bars Drinking Class In TGI Friday's Pricing Case

    A New Jersey state appeals court on Thursday overturned the certification of a class of restaurant patrons who allege that TGI Friday’s violated consumer protection laws by failing to disclose beverage prices on its menus, finding there were too many individual issues to make the claims common.

  • March 24, 2016

    Atty's Role In $8.5M Groupon Deal Doesn't Elicit Fee Cut

    An attorney claiming she aided an $8.5 million deal ending multidistrict litigation between consumers and Groupon Inc. over short-dated online vouchers was denied fees for her efforts Wednesday by a California federal judge who concluded she had no impact on the settlement's size.

  • March 24, 2016

    Fla. Justices Lower Smokers' Hurdle For Engle Class Eligibility

    One week after the Florida Supreme Court expanded punitive damages for Engle progeny plaintiffs, tobacco companies were dealt another blow Thursday as the court ruled that a smoker did not need an official diagnosis before the cutoff date for membership in the original Engle class.

  • March 24, 2016

    Texas Court Defines Commission In Gold's Gym FLSA Row

    A Texas federal court handed a quick win Wednesday to a class of trainers claiming Gold’s Gym unfairly denied them overtime, ruling their pay did not comprise “bona fide commissions” under the Fair Labor Standards Act according to the court’s new five-prong test.

Expert Analysis

  • Rule 68 Offers Can Still Stunt Class Actions — For Now

    Cary D. Sullivan

    What happens if a class representative accepts a precertification Rule 68 offer that resolves that individual’s claims? As the U.S. Supreme Court has yet to address this precise issue, a class representative’s continued standing after resolving his individual claims thus depends on the terms of the Rule 68 offer, say Cary Sullivan and Meredith Williams at Jones Day.

  • Crafting Digital Class Notices That Actually Provide Notice

    Richard W. Simmons

    Conflicting incentives regarding the design of class action notices can result in programs that only provide the appearance of adequacy. When evaluating digital notice programs, lawyers and judges should look for indicators that show the program is designed to engage class members, say Richard Simmons and Christian Clapp at Analytics Consulting LLC.

  • The Post-Scalia Fate Of Employment Class Waivers

    Gordon W. Renneisen

    AT&T Mobility v. Concepcion was a closely divided U.S. Supreme Court case with a decision from which four justices dissented. The death of Justice Antonin Scalia thus creates a situation in which the Supreme Court may re-examine Concepcion, at least as it applies to employment agreements, and restrict the now-routine use of class action waivers, says Gordon Renneisen, a principal at Cornerstone Law Group.

  • Wealth Management For Mid-Level Partners

    Stuart Riemer.jpg

    At this “mid-level” stage in your career, you are either a contract/non-equity partner or an equity owner in your firm. In either instance, as your disposable income continues to grow, it is critically important to have, at the very least, a fundamental understanding of the often complex issues pertaining to the proper allocation of your investable assets, says investment adviser and recovering attorney Stuart Riemer.

  • Best Practices For Resolving FLSA Violations And Disputes

    Excerpt from Lexis Practice Advisor
    Jeffrey H. Ruzal

    Depending on the situation, there are several different approaches to dealing with Fair Labor Standards Act claims and potential violations, each of which have their own important considerations. Jeffrey Ruzal and Brian Steinbach at Epstein Becker & Green PC offer practical tips for addressing such issues to reduce liability and costly litigation expenses.

  • Raising The Bar For Class Claims In Environmental Cases

    Mark R. Ter Molen

    The Tenth Circuit's decision to uphold an Oklahoma district court's ruling in Reece v. AES Corp. demonstrates the need for plaintiffs bringing environmental tort claims to show more specific allegations of injury, which may deter the filing of claims for “concern about a future injury” at the outset, and will likely increase plaintiffs’ litigation costs by requiring expert testimony, say attorneys at Mayer Brown LLP.

  • Is There A Rise In Class Actions For Construction Products?

    Stephen L. Wright

    Some have suggested an increased availability of class actions in construction product defect cases, but a closer look at the data reveals not so much a trend — class action certification today is still granted only sparingly — but an evolution to a new jumping off point for possible expansion of class action use, says Stephen Wright, a partner at Taylor English Duma LLP.

  • Best Practices For Motions Brief Writing: Part 2

    Scott M. Himes

    Certain “best practices” exist for the vast majority of motions briefs that a lawyer will file. But often, these advocacy techniques are overlooked — by young and experienced litigators alike. In part 2 of this series, Ballard Spahr LLP partner Scott Himes examines the argument and conclusion sections of the brief, and also suggests tips for effective opposition and reply briefs.

  • Emerging Trends In Climate Change Litigation

    Peter Seley

    Like they have for more than a decade, private plaintiffs and other advocacy organizations continue to pursue novel legal theories in new fora to try to force aggressive steps to address climate change outside the political process. Cases like Urgenda in the Netherlands appear to have encouraged this new wave of claims — though it is unclear if this is an outlier or the start of a new trend, say Peter Seley and Richard Dudley of Gi... (continued)

  • Best Practices For Motions Brief Writing: Part 1

    Scott M. Himes

    Brief writing is assuredly more art than science. Equally able lawyers prepare briefs differently. No one size fits all, and there can be exceptions to the norm for a particular motion. But certain “best practices” exist for the vast majority of motions briefs that a lawyer will file. Often, these advocacy techniques are overlooked — by young and experienced litigators alike, says Scott Himes of Ballard Spahr LLP.