Class Action

  • March 25, 2015

    Judge Nixes Apple Suit Over iPhone Functionality After Update

    A California federal judge tossed a proposed class action claiming Apple Inc. misrepresented the iPhone’s ability to download updates, causing consumers to incur data overage fees when their phones' Wi-Fi stopped working following a 2013 update, saying the plaintiff hadn't shown how he was allegedly misled.

  • March 24, 2015

    Supreme Court Sets High Bar For Challenging Exec Opinions

    The Supreme Court avoided a doomsday scenario for securities issuers Tuesday when it ruled that statements of opinion in registration statements should not be treated as facts and set a high bar for plaintiffs hoping to prove those statements were wrong because they were based on the omission of material facts.

  • March 24, 2015

    Class Cert. Denied In Cephalon Painkiller Marketing Suit

    A Pennsylvania federal judge on Monday refused to certify a proposed class action accusing drugmaker Cephalon Inc. of unjustly enriching itself by marketing a painkiller for off-label uses, ruling the plaintiffs failed to show that a class action was the best way to resolve their claims.

  • March 24, 2015

    Guess Can't Shake Text Message TCPA Claims

    A California federal judge refused to throw out a proposed class action alleging Guess Inc. violated the Telephone Consumer Protection Act by sending unwanted text messages, saying Monday that the plaintiff alleged sufficient facts to infer the use of an autodialer.

  • March 24, 2015

    WWE Gets Wrestler Injuries Class Action Moved To Conn.

    A Pennsylvania federal judge on Monday allowed World Wrestling Entertainment Inc. to defend from Connecticut a putative class action from wrestlers alleging WWE encourages them to fight while injured and deemphasizes head injuries.

  • March 24, 2015

    9th Circ. Buries Recusal Bid In Apple Anti-Poach Suit

    A would-be intervenor’s bid to remove the California federal judge overseeing an antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing to not poach engineers came to an end Monday, after he missed the deadline to file an opening brief.

  • March 24, 2015

    Mercedes To Fund Repairs To End Engine Defect Class Action

    Plaintiffs suing Mercedes-Benz USA over allegedly defective engine parts have agreed to an unopposed deal that offers putative class members the potential to receive thousands of dollars in reimbursements to repair their vehicles, according to documents filed Monday in California federal court.

  • March 24, 2015

    JC Penney Can't Dodge False Discount Class Action

    A California federal judge refused Monday to nix a proposed class action accusing J.C. Penney Corp. Inc. of tricking customers into believing they were getting deeper discounts on apparel than they actually were, rejecting the retailer's argument that customers aren't entitled to restitution under the law.

  • March 24, 2015

    EA Scores Arbitration In Gamer Class Action

    Gamers bringing a proposed class action accusing Electronics Arts Inc. of cheating them out of online content that they had paid extra to access agreed to arbitrate their claims by accepting the company’s terms of service, according to a judge’s report accepted in New York federal court on Monday.

  • March 24, 2015

    3 Seadrill Dividend Suits Combine Their Stock, Options Claims

    A Manhattan federal judge on Tuesday consolidated three fraud class action suits claiming Bermuda-based Seadrill Ltd. misled investors with vows to preserve its chunky dividend payments, adding to the original stock-purchasing plaintiffs a new universe of claimants who bought options in the offshore drilling giant.

  • March 24, 2015

    Attys Want 33% Slice Of $1M Pie In PolyMedix Stock Suit

    The lead plaintiff in an investor class action against now-bankrupt experimental drug company PolyMedix Inc. asked a Pennsylvania federal judge on Monday to approve a $1.15 million settlement with nearly $400,000 in attorneys' fees.

  • March 24, 2015

    Apple, Twitter Can't Beat App Store Privacy Class Action

    Apple Inc.,Twitter Inc. and other app developers were unable to dismiss a class action accusing them of secretly accessing users' personal information after a California federal judge ruled on Monday that a five-year-long Apple ad campaign can be considered a "misrepresentation."

  • March 23, 2015

    ‘Erroneous’ Case Against Tesla Doesn't Merit Sanctions: Judge

    A California federal judge Monday rejected a sanctions bid by Tesla Motors Inc. and its CEO Elon Musk alleging Pomerantz LLP and Glancy Binkow & Goldberg LLP lodged a frivolous securities class action against the electric vehicle maker, finding that although the plaintiffs’ “erroneous” claims ended up getting tossed, they had been brought in good faith.

  • March 23, 2015

    Teva, Boehringer Trim 'Frankensteinian' Aggrenox Claims

    A Connecticut judge on Monday kept intact most federal claims against Teva Pharmaceuticals USA Inc. and Boehringer Ingelheim Pharmaceuticals Inc. alleging a pay-for-delay scheme over a generic version of stroke drug Aggrenox but gutted a “hodgepodge” of state claims the judge compared to Frankenstein’s monster.

  • March 23, 2015

    DaVita Dodges Dialysis Products Claims

    A Colorado federal judge on Monday tossed claims from a proposed consolidated class action alleging DaVita HealthCare Partners Inc. didn’t warn customers about the dangers of two dialysis products, limiting the claims to those based on its actions as a medical services provider.

  • March 23, 2015

    Class Cert. Denied In Bob Evans Parking Lot ADA Suit

    A Pennsylvania federal judge denied certification Monday to a would-be nationwide class of people with mobility disabilities, who claim Bob Evans Farms Inc. restaurants' parking lots violate the Americans with Disabilities Act, saying the complaint showed only one plaintiff had trouble at only one location.

  • March 23, 2015

    CORRECTED: Baker Hughes Investors Settle Suit Over $35B Halliburton Deal

    Baker Hughes Inc. investors have agreed to settle their consolidated putative class action in Delaware state court seeking to block the company’s $34.6 billion merger with Halliburton Co., prompting the dismissal of a similar suit in Texas. 

  • March 23, 2015

    High Court To Hear DirecTV Class Action Appeal

    The U.S. Supreme Court on Monday agreed to review a California state appeals court’s refusal to send to arbitration a consumer class action alleging that DirecTV failed to disclose early termination fees.

  • March 23, 2015

    Chipotle Co-CEO Ordered To Testify In OT Suit

    A New York federal judge has rejected Chipotle Mexican Grill Inc.'s pleas to reconsider a decision ordering the deposition of the chain's co-CEO in an overtime wage suit, saying Montgomery F. Moran's unique perspective on the situation could reveal useful information.

  • March 20, 2015

    Universal Health Care Settles WARN Act Claims

    Universal Health Care Group Inc. asked a bankruptcy court Thursday to approve a proposed settlement, including a $7 million priority claim, for a class action brought by former employees of the troubled Florida-based health care company claiming violations of the Worker Adjustment and Retraining Notification Act.

Expert Analysis

  • Is EEOC Wellness Program Litigation Making You Sick?

    Kim Wilcoxon

    While employers have taken comfort from Seff v. Broward County — the only published case that has addressed application of the Americans with Disabilities Act to wellness programs — the opinion has not deterred the U.S. Equal Employment Opportunity Commission from filing other lawsuits regarding similar programs at different companies, says Kim Wilcoxon of Thompson Hine LLP.

  • No 'Right To Be Forgotten' In 2nd Circ.

    Jonathan Bloom

    Rulings like the Second Circuit’s decision last month in Martin v. Hearst Corporation stand in contrast to the heightened protection of privacy in the EU, where the recent recognition of a “right to be forgotten” requiring Internet search engines to remove links to webpages upon request involves a purging of the online factual record that would not pass muster under U.S. law, say Jonathan Bloom and Shauna Aaron of Weil Gotshal & Manges LLP.

  • The Case For Professionalizing Pro Bono Services

    David A. Lash

    A recent survey shows that lawyers at firms with a pro bono coordinator recorded approximately 50 percent more pro bono hours than did firms without. This "professionalization" of the practice has enabled the legal community to better meet pro bono demand — as it did, for example, when Vice President Joe Biden spoke urgently about the need to address the influx of children crossing the U.S.-Mexico border, say members of APBCo.

  • Proposed Prop 65 Rules Won't Please Calif. Businesses

    Robert L. Falk

    Recently proposed changes from California's Office of Environmental Health Hazard Assessment to Proposition 65's product warning and website-related regulations are less predictable and more difficult for manufacturers and retailers to comply with and will significantly increase the potential for and cost of litigation, say Michele Corash and Robert Falk of Morrison & Foerster LLP.

  • Stretching — And Straining — The Concept Of 'Injury'

    Tracy A. Roman

    In recent years, we have seen a proliferation of "no injury" class actions and, with mixed messages coming from the courts, plaintiffs are more than willing to keep pushing the envelope. The U.S. Supreme Court has another opportunity to provide clarity on this issue in the current term, says Tracy Roman of Crowell & Moring LLP.

  • Avoid Spoliation Anxiety With Litigation Readiness Plans

    Dan Meyers

    As courts across the country have recognized, companies that employ formal litigation readiness and document preservation plans have a robust defense to spoliation motions in the event that relevant electronically stored information is nevertheless lost inadvertently, say attorneys with Bracewell & Giuliani LLP.

  • Lender-Placed Insurance Actions Continue To Simmer

    Robyn C. Quattrone

    While the largest lender-placed insurance class actions have reached settlements, litigation continues at the appellate level, and state and federal regulators continue to show interest in all aspects of LPI. Accordingly, closure of the LPI-related actions that exploded in the wake of the mortgage crisis remains elusive, say Robyn Quattrone and Stephen LeBlanc of BuckleySandler LLP.

  • Alibaba Securities Suit Highlights New Litigation Trend

    Kevin M. LaCroix

    Last week’s securities class action filed against Alibaba Group Holding Ltd. is merely the latest example of a litigation trend that was apparent during 2014. With an uptick of initial public offering activity in 2013 and 2014, it seems probable that there will continue to be significant numbers of filings in the months ahead involving newly public companies, says Kevin LaCroix of RT ProExec.

  • The Fortune Of Information Furnishers May Be Running Out

    James A. Huizinga

    The Consumer Financial Protection Bureau has increased its focus on whether furnishers of information to the consumer reporting agencies are complying with their obligations under the Fair Credit Reporting Act at a time when private plaintiffs are bringing class actions alleging their failure to investigate and correct disputed bills, say James Huizinga and Maria Earley of Sidley Austin LLP.

  • 5 Tips For Lasting Law Firm Success

    Bradley J. Butwin

    A recent report on the state of the legal market referenced hockey legend Wayne Gretzky to describe law firms as generally playing “where the puck is” rather than “where the puck is going to be.” We have a few thoughts on how firms can evolve to meet client needs with both cultural integrity and a greater chance for success, says Bradley Butwin, chairman of O’Melveny & Myers LLP.