Class Action

  • March 4, 2015

    Goldman, JPM Biz Units, Others Axed From Aluminum MDL

    A New York federal judge this week trimmed various business entities of Goldman Sachs Group Inc., JPMorgan Chase & Co., Glencore PLC and others from multidistrict litigation accusing them of manipulating aluminum prices, citing both pleading deficiencies and jurisdiction issues.

  • March 4, 2015

    Judge Takes Back Rebuke Of Berger & Montague

    In an unusual about-face, a Massachusetts federal judge on Wednesday retracted his criticism that Berger & Montague PC, one of the firms appointed lead counsel in multidistrict litigation against Volkswagen AG and Audi AG over oil sludge buildup, should be “ashamed” of itself.

  • March 4, 2015

    Judge Koh Signs Off On $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Tuesday formally signed off on a $415 million settlement in the antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each others’ engineers, calling the revised settlement proposal a “substantial” payout.

  • March 4, 2015

    Citi Settles With Military Members Over Mortgage Interest

    CitiMortgage Inc. agreed on Tuesday to pay $2.2 million to end a class suit accusing the company of violating a federal statute capping interest payments on military service members’ mortgages, weeks after the U.S. Department of Justice revealed the bank would pay nearly $15 million to foreclosed-upon service members.

  • March 3, 2015

    Suit Over Jacoby & Meyers Litigation Support Costs Trimmed

    A federal judge in New Jersey on Tuesday trimmed a putative class action brought against Jacoby & Meyers LLP and Finkelstein & Partners LLP claiming they improperly saddled clients with litigation costs from a company owned by lawyers at the firms but left breach of contract and some other claims standing.

  • March 3, 2015

    Homeowners Denied Cert. In Halliburton Contamination Suit

    A federal judge in Oklahoma on Tuesday denied class certification to a group of homeowners living near a contaminated Halliburton Energy Services Inc. research facility, ruling that issues of law or facts affecting individual members outweigh the shared characteristics of the proposed class.

  • March 2, 2015

    Objector Gets Cleared To Press Mo. Nestle Pet Food Case

    The Seventh Circuit on Monday stayed an injunction provision in an order tentatively approving a settlement agreement in a nationwide class action alleging that Nestle Purina PetCare Co. and Waggin’ Train LLC sold harmful dog treats, allowing a plaintiff to proceed with a similar statewide class action in Missouri.

  • March 2, 2015

    4th Circ. Upholds J&J Win In Vaginal Mesh Bellwether Case

    The Fourth Circuit on Monday refused to undo Johnson & Johnson subsidiary Ethicon Inc.’s win in the first bellwether case in multidistrict litigation over alleged transvaginal mesh injuries, saying there wasn’t enough evidence linking them to Ethicon’s TVT pelvic mesh product.

  • March 2, 2015

    Judge Nixes MLB Bid To Link San Jose, Minor Leaguer Suits

    A class action against Major League Baseball over pay for minor leaguers and an antitrust suit over the relocation of the Oakland Athletics have little in common other than involving the baseball antitrust exemption, a California federal judge said Monday in denying a request from the MLB to relate the two disputes.

  • March 2, 2015

    Immigrants With Mental Disorders Get New Legal Help Deal

    The plaintiffs who successfully secured free legal representation for individuals with mental disabilities in immigration proceedings unveiled a new settlement in California federal court Friday that could reopen a slew of cases for class members ordered for deportation.

  • March 2, 2015

    KCG Pays $13M To End Investors' Suit Over $460M 'Glitch'

    A New Jersey federal judge on Monday preliminarily approved a $13 million settlement to end investors' claims that high-frequency trading house Knight Capital Group Inc. knew its internal controls were deficient that led to its $460 million one-day trading loss in 2012.

  • March 2, 2015

    Food Lion Parent Strikes $3M Deal In Background Check Suit

    A class of job applicants suing Food Lion LLC’s parent company over its background check procedures asked a North Carolina federal court Monday to sign off on a nearly $3 million settlement, potentially laying to rest claims the supermarket company violated the Fair Credit Reporting Act.

  • March 2, 2015

    Banks Can't Move Bankruptcy Debt Reporting Actions

    A New York federal judge on Monday rebuffed four lenders’ invitations to take control of class action litigation currently playing out in bankruptcy court over whether they purposefully tricked consumers into paying off debts that were canceled in bankruptcy.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    Dentist Misused Copyright To Stifle Yelp Reviews: Judge

    A New York federal court handed down a judgment on Friday against dentist Stacy Makhnevich, wrapping up a strange class action with a ruling that said she misused copyright law in an effort to quash negative Yelp reviews of her practice.

  • March 2, 2015

    Judge Nixes Class Cert. In Vital Redline Energy Drink Suit

    A Florida federal judge on Friday refused to certify a nationwide class of consumers in a suit alleging that Vital Pharmaceuticals Inc. conceals the dangerous side effects of its Redline Xtreme energy drink, saying the plaintiffs couldn't reliably identify class members.

  • February 27, 2015

    Ford Throttle Defect Class Action Revived By 9th Circ.

    The Ninth Circuit ruled Friday that a lower court erred in denying class certification to Ford Freestyle owners who claim the automaker failed to disclose an acceleration defect in 150,000 vehicles, but rejected a request to order that the class be certified.

  • February 27, 2015

    Judge Won't Boost Firm's Cut Of Volkswagen Oil MDL Fees

    A Massachusetts federal judge on Friday refused to increase Chimicles & Tikellis LLP’s cut of a $15.5 million fee award in the Volkswagen AG and Audi AG oil sludge buildup multidistrict litigation, days after other class counsel firms asked the judge to recant his criticism they should be "ashamed" of their “internal rancor.”

  • February 27, 2015

    Prudential Reps Win Partial Cert. In Wage Suit On 2nd Try

    Current and former Prudential Financial Inc. and Prudential Insurance Co. of America financial representatives were awarded class certification in New Jersey federal court on Thursday for claims that their pay was improperly docked for work expenses, but not ones for their overtime wage claims.

  • February 27, 2015

    Dole Expert Must Have 'Body And Brain,' Del. Chancery Says

    Dole Food Co. Inc. can’t use Stifel Nicolaus & Co. Inc. as an expert witness in its defense of a shareholder suit accusing owner David H. Murdock of shortchanging the company in a $1.6 billion take-private deal, the Delaware Chancery Court ruled Friday, saying an expert witness must be a biological person.

Expert Analysis

  • Gelboim Does Little To Limit MDL Court Appeals Discretion

    Adam T. Schramek

    While the U.S. Supreme Court’s Gelboim v. Bank of America ruling is an important one in multidistrict litigation jurisprudence, it ultimately does little to impinge on the wide discretion MDL courts have in deciding what gets appealed and when. District courts continue to possess the tools needed to avoid final judgments during pretrial MDL proceedings, say Adam Schramek and Eric Hoffman of Norton Rose Fulbright US LLP.

  • 8th Circ. Continues Trend Of Rigorous Rule 23 Analysis

    David Carpenter

    The Eighth Circuit’s recent opinion in Powers v. Credit Management Services Inc. is consistent with a recent trend of requiring a more thorough Rule 23 analysis from trial courts and plaintiffs in class actions — a trend that started with the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes ruling, say David Carpenter and Amanda Waide of Alston & Bird LLP.

  • Can Silence Keep You Safe? New Debate On 10b-5 Liability

    Michael Eisenkraft

    The Second Circuit’s decision in Stratte-McClure v. Morgan Stanley eliminates the ability of a company, when facing a known material trend or uncertainty, to escape liability under Rule 10b-5 by not saying anything. The dramatic consequences of the resulting split with the Ninth Circuit makes it likely that the U.S. Supreme Court will step in, says Michael Eisenkraft of Cohen Milstein Sellers & Toll PLLC.

  • Statutory Compliance In Calif. Just Got More Technical

    Scott M. Pearson

    While Flannery v. VW Credit Inc. applies to a narrow issue concerning California’s Vehicle Leasing Act, consumer lawyers are more likely to challenge even the most technical and inconsequential statutory violations — and they are more likely to prevail in light of Flannery, say Scott Pearson and Joseph Escarez of Seyfarth Shaw LLP.

  • Whirlpool Case Is Instructive Of Rule 23(a) Requirements

    Ruben F. Reyna

    Day v. Whirlpool Corp. underscores the importance of Rule 23(a) criteria for class certification and the rigorous analysis district courts will undertake when certification is sought for settlement. Since movants made short shrift of numerosity and adequate representation, they failed to satisfy Rule 23(a) requirements, says Ruben Reyna of Sedgwick LLP.

  • The Top 10 D&O Stories Of 2014

    Kevin M. LaCroix

    Many of last year’s key events represented significant changes in the directors and officers liability environment — the rise of jumbo derivative lawsuit settlements, cybersecurity emerging as a D&O liability concern and the surge of initial public offering-related securities litigation, among others. In addition, there are many pending issues that will only be resolved as 2015 unfolds, says Kevin LaCroix of RT ProExec.

  • How To Fix FLSA For Both Employees And Employers

    Michael S. Kun

    The Fair Labor Standards Act generally doesn’t permit employees and employers to resolve wage disputes short of litigation or agency complaints. There is no good reason why employees can be trusted to resolve other employment disputes without litigation or an agency complaint but can't be trusted to do so with regard to wage claims, says Michael Kun of Epstein Becker & Green PC.

  • 2014 Class Action Litigation Year In Review

    Dustin M. Dow

    What are the limits of class litigation? That was the unspoken question lurking behind some of the most important class actions in 2014 in three areas of litigation — class action waivers, statistical sampling and data privacy actions, say Dustin Dow and Sam Camardo of Baker & Hostetler LLP.

  • MDL Strategies: Choosing A Transferee Court

    Kyle G.A. Wallace

    While the Judicial Panel on Multidistrict Litigation may transfer MDL proceedings to a district judge in any of the 94 federal judicial districts, in most cases there are a handful of districts that stand out as the most appropriate forums. Parties facing consolidated litigation should carefully consider both the administrative and substantive impact of each possible district and district court judge, say Kyle Wallace and Kristen B... (continued)

  • Law Schools Are (Finally) Teaching 'The Biz' Of Lawyering

    Howard Breuer

    Educators across the country say law schools are now more aggressively teaching the business side of being a lawyer — spurred on by a shifting market that continues to provide fewer and fewer associate opportunities for recent grads, and feedback from students and new lawyers eager to learn how to bring in clients once they hang out a shingle, according to legal industry consultant and journalist Howard Breuer.