Class Action

  • April 28, 2015

    10th Circ. Recalls Embarq, Retirees To Argue ERISA Claims

    The Tenth Circuit on Monday denied an en banc rehearing of its partial revival of Employee Retirement Income Security Act class claims against Embarq Corp. and others but said a panel of judges will hear argument to decide whether the ERISA claims are time-barred.

  • April 28, 2015

    Takeda Will Pay Up To $2.4B To Resolve Actos Suits

    Takeda Pharmaceutical Co. Ltd. has agreed to pay up to $2.4 billion to resolve the "vast majority" of product liability suits over its diabetes drug Actos, which plaintiffs have claimed can increase the risks of developing bladder cancer, the Japanese drugmaker confirmed Tuesday.

  • April 28, 2015

    Banks Won't Let $19M Breach Deal End Target's Woes

    Target Corp.'s bid to quickly exit litigation over its 2013 data breach has been complicated by a new challenge financial institutions have initiated over its $19 million settlement with MasterCard, a development signaling that the battle over how breach costs will be allocated is just getting started, attorneys say.

  • April 28, 2015

    9th Circ. Won't Rethink Ruling Reviving Schwab CMO Suit

    The Ninth Circuit on Tuesday voted 2-1 not to revisit its decision to revive a proposed class action accusing Schwab Investments of making risky bets on collateralized mortgage obligations despite policies outlined in investment guidelines.

  • April 28, 2015

    Wells Fargo Affiliate Pays $2M To End Account Execs' OT Suit

    Wells Fargo Insurance Services USA Inc. agreed to pay $2 million to settle a putative class action accusing it of stiffing account executives on overtime pay, according to the proposed settlement filed in California federal court Monday.

  • April 28, 2015

    Ocwen, Assurant To Pay $140M To Settle Force-Placed Suit

    Ocwen Financial Corp. and Assurant Inc. have agreed to pay $140 million to settle a putative class action in Florida federal court with homeowners who say Ocwen artificially inflated the cost of premiums for forced-placed insurance in exchange for kickbacks from Assurant. 

  • April 28, 2015

    SAC Capital Ducks Investors' Racketeering Claims

    A New York federal judge on Tuesday tossed a set of racketeering claims brought against SAC Capital Advisors LP by investors in Elan Corp. Ltd. and Wyeth LLC, finding the investors had no basis to bring the claims because they weren’t specifically named as victims in SAC’s guilty plea for insider trading.

  • April 28, 2015

    SolarCity, Musk Duck Suit Over Restated Financials

    A California federal judge ruled on Monday that a proposed shareholder class action against billionaire Elon Musk and other executives at SolarCity Corporation didn’t allege securities violations in enough detail to proceed.

  • April 28, 2015

    Wal-Mart Must Testify In Chinese Drywall MDL Contempt Row

    A Louisiana federal judge has ordered Wal-Mart Stores Inc. to turn over documents and provide deposition testimony on whether any Taishan Gypsum Co. Ltd. affiliates violated a contempt order by conducting business in the United States, in multidistrict litigation over the Chinese company's allegedly defective drywall.

  • April 28, 2015

    Quicken Off The Hook In Suit Over Recorded Call

    A California federal judge said Monday that Quicken Loans Inc. didn’t violate the state’s Invasion of Privacy Act when recording a phone conversation with the lead plaintiff of a proposed class action because the man consented to the recording.

  • April 28, 2015

    Mich. Judge Certifies Retiree Class In TRW Benefit Spat

    A Michigan federal judge on Tuesday certified a class of auto plant retirees fighting the termination of their health care plan by TRW Automotive Holdings Corp., saying certification is appropriate because the approximately 100 class members seek to enforce the same collective bargaining agreement.

  • April 28, 2015

    Howmedica Pays $3M To End Sales Rep. Reimbursement Suit

    Stryker Corp. and its subsidiary Howmedica Osteonics Corp. on Monday agreed to pay $3 million to settle claims they failed to reimburse a class of sales representatives for business expenses, according to a settlement filed in a California federal court.

  • April 27, 2015

    Bayer Settles False Ad Suit Over WeightSmart Vitamins

    Bayer AG will pay $500,000 to settle a proposed class action alleging that it falsely advertised a vitamin to Florida consumers under a deal approved Monday in New Jersey federal court, ending a long legal battle that led to a precedential appeals ruling on class ascertainability.

  • April 27, 2015

    Judge Paves Way For Deepwater Personal Injury Jury Trials

    A Louisiana federal judge concluded Monday that a plaintiff in ongoing medical benefits class action over the BP PLC Deepwater Horizon disaster is entitled to a jury, setting the stage for BP to potentially face thousands of jury trials involving personal injury claims.

  • April 27, 2015

    9th Circ. Says Boeing Pollution Row Belongs In Federal Court

    The Ninth Circuit on Monday said a suit targeting The Boeing Co. and its environmental-remediation contractor Landau Associates Inc. over alleged groundwater contamination from a Washington-based plant belongs in federal court, reversing an order sending the dispute to a state court.

  • April 27, 2015

    Calif. Court Nixes Ex-Firm's Malpractice Arbitration Bid

    A California appellate court on Monday upheld an order denying now-defunct law firm Nordman Cormany Hair & Compton LLP's bid to compel arbitration of a trailer park’s legal malpractice suit, saying an arbitration agreement cannot be applied retroactively for legal services provided four years earlier.

  • April 27, 2015

    US Airways Pilots Settle Lump-Sum Pension Fight For $5.25M

    A D.C. federal judge on Friday approved a $5.25 million settlement between a group of former US Airways Group Inc. pilots and the airline’s pension plan trustee over accusations it takes too long to hand out lump-sum benefits, six months after the judge revealed that a deal was in the works.

  • April 27, 2015

    High Court Won't Weigh Class Cert In Milk Price-Fixing Case

    The National Milk Producers Federation must face a class of consumers seeking up to $4 billion on claims that the dairy association stifled competition and inflated milk prices, after the U.S. Supreme Court on Monday refused to consider National Milk's appeal of the class certification.

  • April 27, 2015

    NCAA Can't Delay Attys' Fees Fight In Antitrust Row

    A federal magistrate judge on Friday refused to hold off on deciding how much the National Collegiate Athletic Association owes in fees to attorneys for student-athletes who accused them of antitrust violations until after the Ninth Circuit rules on the case.

  • April 27, 2015

    Red Robin Franchisee Must Face Pa. Tip Pool Class Action

    A Pennsylvania state judge ruled Friday that a Red Robin restaurant franchisee must face a class action alleging it improperly included kitchen workers in servers’ tip pools, clarifying that customer interaction is relevant to determining the threshold for which employees can participate in tip pools.

Expert Analysis

  • A Closer Look At Madoff Victims' PwC, Citco Suit

    Christine Vargas Colmey

    A recent Southern District of New York ruling — bringing Madoff Ponzi scheme victims one step closer to recovery from Citco and PricewaterhouseCoopers — serves as a cautionary reminder to service providers to funds. They ought to be mindful that, even in the absence of contractual privity with investors, their acts and omissions can result in liability to those third parties, say Jonathan Sablone and Christine Vargas Colmey of Nixon Peabody LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • Determining ERISA Duties Post-Dudenhoeffer

    H. Douglas Hinson

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

  • Lower Courts Missing The Point Of Halliburton II

    John S. Williams

    Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • Federal Judge Puts Tito’s Safe-Harbor Claim On The Rocks

    Thomas J. Cunningham

    On March 18, a federal judge in San Diego issued an eagerly anticipated ruling on a motion to dismiss filed by Fifth Generation Inc. — the producer of Tito’s Handmade Vodka. In issuing its ruling, the court became the first to offer an opinion on the merit of claims made in numerous similar cases filed across the country against a number of spirits producers, say Thomas Cunningham and Simon Fleischmann of Locke Lord LLP.

  • Can Employers Record Employee Phone Conversations?

    James M. McCabe

    Although no court has fully addressed the lawfulness of employers using voice over Internet protocol services to record all employee phone calls under federal and state laws, courts will likely apply the same framework used to examine the lawfulness of traditional telephone recordings, says James McCabe of Troutman Sanders LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Not Saved By The Bell: Dismissing Classes Prediscovery

    Laura E. Vendzules

    While bet-the-company class actions are on the rise with support from regulatory agencies, courts remain more open to limiting their scope. Bell v. Cheswick Generating Station is critical in that it signals a willingness to dispose of class claims before class discovery and prior to any motion for certification if the class as alleged is implausible on its face, say Laura Vendzules and Michael Iannucci of Blank Rome LLP.