Class Action

  • August 5, 2014

    Objectors Seek To DQ Cotchett Firm In HP Inkjet Settlement

    Objectors to a proposed settlement in a lawsuit accusing Hewlett-Packard Co. of deceptively marketing printer ink cartridges said Friday that class counsel Cotchett Pitre & McCarthy LLP should be disqualified because it’s representing the company in a separate case.

  • August 4, 2014

    AIG Pays $960M To Settle Securities Fraud Class Action

    American International Group Inc. will shell out $960 million to settle a consolidated securities class action alleging the insurer misrepresented the value of credit default swaps between 2006 and 2008, costing investors billions, the company said in a filing with the U.S. Securities and Exchange Commission on Monday.

  • August 4, 2014

    $75M Capital One Pact Won't Set New Norm For TCPA Suits

    Consumers may never again strike a Telephone Consumer Protection Act settlement as large as the record $75 million agreement plaintiffs reached with Capital One Financial Corp. and three collections agencies, given the emergence of stronger defenses under the law and the high probability the plaintiffs' bar will pounce before a company can contact millions of consumers, attorneys say.

  • August 4, 2014

    Capital One Strikes $3M Settlement In Managers' OT Row

    A New York federal judge on Friday gave preliminary approval to a $3 million settlement of a putative class suit with New York, New Jersey and Maryland subclasses that accused Capital One NA of denying assistant branch managers proper overtime.

  • August 4, 2014

    Fed. Gov't Violated FLSA During Shutdown, Judge Says

    The U.S. Court of Federal Claims has ruled that the U.S. government had violated the Fair Labor Standards Act when it failed to pay some government workers on time during October's partial government shutdown brought on by a congressional impasse over the budget.

  • August 4, 2014

    China Integrated Energy Investors Denied Class Cert.

    A California federal judge on Monday refused to certify a class of China Integrated Energy Inc. shareholders who allege the company misstated its 2009 revenue in a regulatory filing, ruling that the plaintiffs failed to prove that the putative class relied on the company's alleged misrepresentations because they cited a flawed expert declaration.

  • August 4, 2014

    LexisNexis, Retail Workers Get Nod For $2.38M Settlement

    A Pennsylvania federal judge has given preliminary approval to a $2.38 million settlement in a proposed class action claiming LexisNexis Risk Solutions Inc. illegally distributed damaging information about retail workers to current and potential employers.

  • August 4, 2014

    Bass Pro Pays $6M To Settle Recorded Call Row

    Outdoor sporting goods company Bass Pro LLC will fork over $6 million to end a putative class action accusing the retailer of illegally recording customer calls without their consent, with a California federal judge on Friday signing off on the settlement agreement.

  • August 1, 2014

    Conagra To Change Sodium Labeling On Sunflower Seeds

    ConAgra Foods Inc. on Friday reached an agreement in California federal court to relabel its David brand sunflower seeds to disclose the sodium content for both kernels and shells in order to settle a class action that alleged the company doesn’t list the full amount of sodium on its packaging.

  • August 1, 2014

    10th Circ. Takes Narrow View Of Liability In Investor Suits

    The Tenth Circuit on Friday ruled that an action brought under Section 11 of the Securities Act of 1933 must show a defendant knew opinions in public statements were false when they were being made, joining the Second, Third and Ninth circuits in a question set to be answered by a high-profile Supreme Court case next term.

  • August 1, 2014

    DC Circ. Backs Cert. In Black Agents' Discrimination Suit

    A D.C. Circuit panel on Friday sunk the U.S. government's appeal of a decision certifying a class of African-American special agents who accused the U.S. Secret Service of systematically denying black agents promotions, ruling that the class claims were sufficiently similar.

  • August 1, 2014

    AIG Investor Loses Bid To Bring Back Securities Suit

    The D.C. Circuit on Friday rejected a move by an American International Group Inc. investor to revive a putative class action against the insurance giant, finding a lower court correctly tossed the securities suit on jurisdictional grounds.

  • August 1, 2014

    Jos. A. Bank Beats Deceptive Sales Price Suit At 7th Circ.

    The Seventh Circuit on Friday affirmed the tossing of a putative class action accusing Jos. A. Bank Clothiers Inc. of misleading consumers to believe they were purchasing merchandise at sales prices that actually reflected the full prices of the garments, saying the suit doesn’t provide any actual evidence of fraud.

  • August 1, 2014

    Chipotle Investors Seek OK For Deal Over Illegal Hirings

    Chipotle Mexican Grill Inc. investors urged a Colorado federal judge Thursday to sign off on a deal with company executives that would significantly enhance the company's internal oversight of its hiring policies in the wake of several federal investigations over the hiring of undocumented workers.

  • August 1, 2014

    Capital One, 3 Others Settle TCPA Action For Record $75M

    Capital One Financial Corp. and three collections agencies have agreed to pay almost $75.5 million to settle a consolidated class action alleging they used an automated dialer to call customers’ cellphones without consent, a settlement attorneys say is the largest ever under the Telephone Consumer Protection Act.

  • August 1, 2014

    Red Bull Puts Up $13M To Settle False Advertising Suit

    Red Bull GmbH agreed Thursday to pay over $13 million to settle a proposed class action in New York federal court accusing the Austria-based beverage company and its U.S. subsidiaries of falsely advertising its energy drinks as providing more benefit to a consumer than a cup of coffee.

  • July 31, 2014

    Text Cramming Deal Too Small For Big Class, Judge Rules

    A Nebraska federal judge on Thursday again shot down the proposed settlement of a class action alleging three mobile messaging companies “crammed” consumers’ cellphones by charging them for content services without authorization, saying $3 million wasn’t enough to spread across a class of potentially 30 million people.

  • July 31, 2014

    Sara Lee Settles Workers' Don-Doff Claims

    Sara Lee Corp. agreed Wednesday to pay $85,000 to settle a dispute with a class of workers in Michigan who alleged the company cheated them of pay for the time it took to put on their uniforms and safety equipment.

  • July 31, 2014

    Pa. Appeals Court Nixes Class In $54M Property Auction Row

    A Pennsylvania appeals court Thursday upheld a trial court judge's ruling refusing to certify a class of plaintiffs who alleged the Philadelphia Sheriff’s Office owed them as much as $54 million in excess proceeds from property auctions, saying the lower court had not erred in its decision.

  • July 31, 2014

    2nd Circ. Says ERISA Doesn't Preempt Insurance Laws

    The Second Circuit on Thursday revived a putative class action seeking to enjoin The Rawlings Co. LLC, Oxford Health Plans Inc. and UnitedHealth Group Inc. from obtaining reimbursement of medical benefits from plaintiffs’ personal injury settlements, finding the claims are not preempted by the Employee Retirement Income Security Act.

Expert Analysis

  • Lawyers And Email: Ethical And Security Considerations

    Scott Aurnou

    The specter of attorney-client privilege has a long and well-respected history in litigation — but means nothing at all to a hacker. According to a recent LexisNexis survey, 77 percent of firms rely on “Delete this email if you are not the intended recipient” or similar language in the body of emails to secure them, which essentially does nothing to protect firm or client data from any nefarious actors who view it, says Scott Aurno... (continued)

  • In Defense Of Price-Fixing Among Class Action Plaintiffs Firms

    Bart D. Cohen

    An accomplished defense attorney recently advocated on this site competitive bidding among firms seeking to represent class plaintiffs in antitrust litigation. While a few of his premises may be valid, the idea that class members would be better served by competitive bidding has been subjected to exhaustive examination by courts, scholars and practitioners, and found lacking, says Bart Cohen of the Law Offices of Bart D. Cohen.

  • Halliburton Will Raise Cost Of Securities Class Actions

    Adam C. Pritchard

    The U.S. Supreme Court's Halliburton decision does nothing to discourage plaintiffs lawyers from going after the deepest pockets. The decision does, however, add a new battle of the experts that will further increase the already enormous cost of litigating securities fraud class actions, say law professors at the University of Chicago and the University of Michigan.

  • A Key Call On Calif. Independent Contractor Classification

    Elizabeth Brown

    The California Supreme Court's recent ruling in Maria Ayala v. Antelope Valley Newspapers Inc. is significant because it clarifies the test for independent contractor status, explains how litigants and courts should approach certification of alleged independent contractor disputes and recognizes that employee contractor status is only a stepping stone to liability. Still, questions remain, says Elizabeth Brown of Grube Brown & Geidt LLP.

  • Harris V. Quinn: Roadmap For The End Of Fair Share?

    Ronald J. Kramer

    While the U.S. Supreme Court's ruling in Harris v. Quinn is technically limited to so-called partial public employees, the majority’s blistering attack and critique of Abood v. Detroit Board of Education does raise questions as to whether the current majority would vote to uphold Abood if it faced a case involving full-fledged public-sector employees, say Ronald Kramer and Joshua Ditelberg of Seyfarth Shaw LLP.

  • CAA Preemption Limits After 3rd Circ. Case

    Eugene E. Dice

    The U.S. Supreme Court's refusal to hear the Third Circuit's ruling in Kristie Bell v. GenOn Power Midwest LP increases the likelihood that all federal courts will accept cases asserting common law liability for damages caused by air pollution, despite the fact that the sources in question have been issued Clean Air Act permits and are in full compliance with them, says Eugene Dice of Buchanan Ingersoll & Rooney PC.

  • 4 Things Every Law Firm Should Do Upon A Cyberbreach

    Shari L. Klevens

    Hackers breached the defenses of approximately 80 percent of the 100 largest law firms in the United States in 2011, according to the ABA Cybersecurity Legal Task Force. There are four things every law firm should do when faced with a cyberattack, say attorneys with McKenna Long & Aldridge LLP.

  • Today's Retailers Are Fighting Yesterday's Privacy Laws

    Catherine M. Valerio Barrad

    Recently, the Ninth Circuit rejected an attempt to revive a class action against Redbox Automated Retail LLC alleging illegal collection of customers’ ZIP codes from an automated kiosk. The case is the latest in an onslaught of class actions alleging privacy violations by consumers under the California Song-Beverly Credit Card Act of 1971 and similar statutes in other states, say Amy Lally and Catherine M. Valerio Barrad of Sidley Austin LLP.

  • Key Complexities In High-Frequency Trading Litigation

    Zachary Ziliak

    Once a computer-intensive strategy followed only by market experts, high-frequency trading now receives daily — usually negative — attention from the media, government and seemingly every day trader with a Twitter handle. Given the complex interplay among a multiparticipant market, ever-changing regulations and untested legal theories, expert testimony and nontestimonial advice are likely to play key roles in the development of cas... (continued)

  • VIDEO: A Defense Take On Halliburton V. Erica P. John

    Jennifer L. Spaziano

    Although not the sea change some had anticipated, the U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund will significantly increase the difficulty of certifying a class action involving securities fraud claims, says Jennifer Spaziano of Skadden Arps Slate Meagher & Flom LLP.