Class Action

  • September 18, 2014

    Gov't Contractor Pays $900K To Settle DOL Bias Claims

    A government contractor involved in several major projects around Washington, D.C., has agreed to pay $900,000 to settle claims it routinely subjected women and minorities to rampant discrimination and harassment, the U.S. Department of Labor announced on Wednesday.

  • September 17, 2014

    AgFeed To Pay $7M To Settle Securities Class Action

    AgFeed Industries Inc. agreed to pay $7 million to end a putative class action brought by investors who said the bankrupt animal nutrition and commercial hog-production company and its executives lied about the company’s financial health, according to a filing in Tennessee court Wednesday.

  • September 17, 2014

    Restaurant Ducks Sanctions After Tossing Workers' Timecards

    Restaurant company Maxfield's LLC won't face sanctions in a proposed wage-and-hour class action after the company accidentally threw out a garbage bag full of employees' timecards, a Wisconsin federal judge ruled Wednesday.

  • September 17, 2014

    'Black Car' Drivers Are Independent Contractors, Judge Says

    A New York federal judge on Tuesday threw out a class action brought by "black car" drivers alleging federal and state wage law violations on the part of companies that dispatch them to ferry corporate clients, finding the drivers are independent contractors as opposed to employees.

  • September 17, 2014

    Supplement Makers Pay $3M To End Joint Health False Ad Suit

    The makers of several glucosamine-based supplements have agreed to pay $3.1 million to settle a proposed class action in California federal court accusing them of misleading consumers about the products' supposed joint health benefits despite myriad scientific evidence disputing those claims.

  • September 17, 2014

    Qantas, Singapore Air Pay $9.8M To Exit Antitrust Action

    Qantas Airways Ltd. and Singapore Airlines Ltd. have agreed to pay a total of $9.75 million to settle an antitrust class action accusing the carriers of conspiring to fix rates for passenger fares on transpacific flights, according to court papers filed in California federal court Tuesday.

  • September 17, 2014

    McDonald's, Darden FLSA Fights Show Pitfalls Of Big Classes

    The recent rejection of large proposed classes in Fair Labor Standards Act cases against McDonald's Corp. and Darden Restaurants Inc. underscores some courts' concerns about the manageability of sweeping collective actions and highlights potential problems that employers can exploit to defeat gargantuan wage suits, lawyers say.    

  • September 17, 2014

    Army Translators’ Distress Claims Pared In Contractor Suit

    A Virginia federal judge on Tuesday trimmed a proposed class action accusing U.S. Army contractor Global Linguist Solutions LLC of forcing translators to endure squalid living conditions and substandard medical care after their passports were confiscated while working in Kuwait.

  • September 17, 2014

    Mentor Investors' Appeal Over $1.1B J&J Sale Tossed

    A California appeals court has ended investor litigation against Mentor Corp. over its $1.1 billion sale to Johnson & Johnson, saying the breast-implant maker's board didn't betray shareholders by choosing the $31-per-share offer, ignoring much higher estimates, because the financial context was uncertain in late 2008 when the sale was conceived.

  • September 17, 2014

    Calif. Court Reverses Ford Dealer Win In Contract Fraud Row

    A California appellate court on Tuesday partially reversed a judgment and $1.5 million fee award for a Ford dealership in a consolidated row alleging class and individual fraud claims, saying it improperly backdated contracts but properly refunded smog-check fees and gave consumers copies of their credit applications.

  • September 17, 2014

    Deloitte Exploring Settlement In Auditors' OT Action

    An attorney for Deloitte & Touche LLP said in New York federal court on Wednesday that the company is exploring a settlement with a group of auditor employees who claim they were wrongly denied overtime pay, but cautioned that he was "not optimistic" a deal would be reached.

  • September 16, 2014

    Neiman Marcus Skirts Data Breach Class Action

    An Illinois federal judge on Tuesday tossed a proposed class action alleging that Neiman Marcus Group LLC negligently failed to protect 350,000 customers' credit card information prior to a 2013 hack into the high-end department store's servers, ruling the plaintiffs had lacked Article III standing.

  • September 16, 2014

    Yerba Mate Maker Settles Suit Over Sugar Content

    Guayaki Sustainable Rainforest Products Inc. has settled a proposed class action brought against it for allegedly concealing sugar in its tea-like yerba mate products by calling the ingredient "organic evaporated cane juice," according to documents filed Tuesday in California federal court.

  • September 16, 2014

    Judge OKs Target's Class Deal Minus Attys' Sushi Bills

    Target Corp.’s $350,000 class action settlement with workers over delayed paychecks was signed off by a California district judge on Tuesday, who also approved a reduced cost request from class attorneys she had scolded for seeking reimbursement on coffees and sushi dinners.

  • September 16, 2014

    AEG Escapes Class Action Over Withheld Bon Jovi, Bieber Tix

    A New Jersey federal judge on Tuesday tossed a putative class action accusing AEG Live LLC of driving up ticket prices for concerts by Bon Jovi and Justin Bieber by wrongfully withholding tickets from customers, ruling the suit's conclusory allegations lack factual support.

  • September 16, 2014

    Class Wins Remand Of Best Buy Stock Option Action

    Employees of a cloud-services company that Best Buy Co. Inc. had sold won remand of their suit accusing it of reneging on stock options contractually promised to them, with a Minnesota federal judge saying Tuesday that Best Buy didn't show the amount at issue exceeds the threshold for removal.

  • September 16, 2014

    Canon Settles Employee Background Check Suit

    Canon Solutions America Inc. has agreed to settle a proposed class action brought by a former data entry worker who had accused the company of illegal criminal background check practices, according to a dismissal notice filed in New Jersey federal court Tuesday.

  • September 16, 2014

    Fracking Sand Co. Pays $4M To Settle Investors' IPO Claims

    Hi-Crush Partners LP got an early nod from a New York federal judge Tuesday to pay $3.8 million cash to stomp out allegations the fracking sand maker sugarcoated the souring relationship with one of its largest clients in the lead-up to its initial public offering.

  • September 16, 2014

    Music Licensing Co. To Settle TV Stations' Antitrust Suit

    Performing rights organization SESAC LLC has agreed to settle a proposed antitrust class action brought by a group of local TV stations over its licensing practices and alleged monopolization of the market for certain song rights, according to a letter filed in New York federal court Monday.

  • September 16, 2014

    Ruby Tuesday Pays $3M To Settle FLSA Wage Suit

    Ruby Tuesday Inc. on Monday agreed to pay $3 million to end a wage-and-hour collective action in New York federal court accusing the restaurant chain of forbidding more than 4,000 tipped employees from logging all of their hours into the company's timekeeping system.

Expert Analysis

  • Prepare For The Wave Of FCRA Class Actions

    Stephanie A. Sheridan

    To minimize exposure to the recent influx of Fair Credit Reporting Act complaints it is best to use a properly worded stand-alone document and keep all other content in the employment application form separate and distinct, say Stephanie Sheridan and Denise Trani-Morris of Sedgwick LLP.

  • A Different Claim Aggregation Method To Avoid SLUSA

    Benjamin P. Edwards

    As the securities class action continues to experience death by a thousand cuts, we may soon see increasing numbers of the "disaggregated class" — a new tactic some plaintiff attorneys have begun to deploy to work around the Securities Litigation Uniform Standards Act by filing duplicative state court cases, says Benjamin Edwards of Michigan State University College of Law.

  • 3rd Circ. Puts Debtors 1st In FDCPA Case

    Wayne Streibich

    Arguments in Fair Debt Collection Practices Act cases at the district level were outweighed by the Third Circuit in McLaughlin v. Phelan Hallinan & Schmeig LLP, which establishes that a debtor’s failure to dispute a debt will not likely be a basis for dismissal of claims, say Wayne Streibich and Louise Bowes of Blank Rome LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • 2 Calif. Cases Professional Liability Insurers Must Know

    James P. Koelzer

    MacRae v. HCR Manor Care Services could be seen as helpful to professional liability insurers because it makes the applicable standard for nursing hours per patient day clear, while also making it more difficult for residents to assert class action claims against these type of facilities, say James Koelzer and Charles Cannizzaro of Robins Kaplan Miller & Ciresi LLP.

  • The Use Of Statistical Sampling Post-Duran

    Sarah Butler

    As the California Supreme Court pointed out in Duran v. U.S. Bank, determining the appropriate sample size in a class action needs to be based on scientific principles and some understanding of the underlying population’s distribution — if the variation in the population is significant a large sample size may be required, says Sarah Butler of National Economic Research Associates Inc.

  • Courtroom Challenge: Preparing For A First Trial

    John S. Worden

    Trials are stressful and, while there is a certain kind of nervousness from the fear of being embarrassed among inexperienced lawyers, learning how to examine and cross-examine witnesses as well as how to craft arguments are not mechanical and can only be mastered through experience, say John Worden and Lindsey Berg of Schiff Hardin LLP.

  • Ascertainability Looms Large After Skinnygirl Ruling

    Scott Shaffer

    In Stewart v. Beam Global Spirits & Wine, a New Jersey district judge's upholding of Third Circuit precedent dismissing the use of affidavits among potential members to class actions indicates courts are increasingly placing the burden of ascertainability on plaintiffs, not only to protect defendants but also absent class members, says Scott Shaffer of Olshan Frome Wolosky LLP.

  • New Discovery Stay Questions Arise Post-Halliburton

    Glenn K. Vanzura

    The U.S. Supreme Court’s Halliburton Co. v. Erica P. John Fund decision has reinvigorated another battle in securities class actions — whether courts should delay merits discovery until after its decision on class certification, says Glenn Vanzura of Irell & Manella LLP.

  • Compliance Reigns Supreme As In-House Demographics Shift

    James A. Merklinger

    With more and more traditionalists and baby boomers retiring, the pendulum in corporate law departments will continue to swing toward younger generations. The demographic shift underscores the shift in the skills that different generations prioritize — notably, nonlegal skills, says James Merklinger of the Association of Corporate Counsel.